This is actually not true says Family Law Solicitor Rachel Macwilliam.  Courts make their decision purely on what they see as being in the best interests of the child, and every case is different.  The law itself does not impose bias but there has been a view in the past that courts made decisions based on bias existing in society in terms of whether the mother or father is the main caregiver. 

However, as workplace roles have changed so have the roles of parents.  This is now taken into consideration by the courts and no assumptions are made.  Decisions are made only on what is in the best interests of the child.

Rachel explores this topic further in one of our most popular blogs – Child Custody – 7 common Q&As.

Child Custody – 7 common Q&As