When the court makes a decision with regard to child arrangements its paramount consideration is always the welfare of the child involved. 

The benefits of breast feeding are well known and it would be one of a large number of factors taken into consideration by the court and Cafcass.  It would be unusual for the court to consider it appropriate to separate a very young baby from the main carer (usually the mother) for more than a few hours at a time whether a baby is breast or bottle fed.  The normal pattern would be regular short bursts of contact with the other parent.  The exception might be in circumstances where both parents have been heavily involved with the child’s care and essentially shared that care before separation. 

There is a balancing act here between the need to manage the potential distress to the child that could be caused by separating them from their main carer before they are able to cope against the harm caused by limiting the involvement of the other parent in their life and care. 

Breast feeding as a factor is much more likely to be considered important in the context of a very young baby than a toddler that isn’t reliant upon maternal milk or formula.  The court will also be alive to the possibility of on-going breast feeding being used as a ploy to prevent the progress of contact (and particularly overnight contact).   

George Green’s Specialist Family and Divorce Lawyers give advice regularly on Children Matters.  If you wish to discuss your matter please call Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Jane Williams on 01384 340 528 (jwilliams@georgegreen.co.uk at our Cradley Heath office.