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Child custody arrangements, legally known as "child arrangements" in the UK since 2014, determine where a child lives, how their time is spent, and how they maintain relationships with both parents after separation or divorce. The old terms 'custody' and 'access' are no longer used officially, though many people still use them. Instead, arrangements focus on where children will 'live' and 'spend time with' each parent.
The starting point is whether both parents have parental responsibility. Under English law, parental responsibility means the legal rights, duties, powers, and authority a parent has for a child and the child’s property.
The mother automatically has parental responsibility from birth.
The father has it if:
He was married to the mother at the time of birth, or
He’s named on the birth certificate (if the child was born after 1 December 2003 in England and Wales).
Unmarried fathers can get it by:
Re-registering the birth with the mother,
Signing a Parental Responsibility Agreement, or
Applying to court for a Parental Responsibility Order.
Where both parents have parental responsibility, the starting point for custody is that the courts no longer favour giving one parent sole custody and so would need compelling reasons to grant sole custody. Modern family law focuses on ensuring children maintain meaningful relationships with both parents unless there are specific welfare concerns. The assumption is that children benefit from having both parents actively involved in their lives, even if they primarily live with one parent.
Legal Custody - relates to "parental responsibility" in English law ( see above).
Full Custody - while "full custody" or "sole custody" aren't official legal terms with legal rights or restrictions attached, the terminology is still used to represents a situation where one parent has both a "live with" order and makes most major decisions for the child.
Joint Custody - what English courts now call "shared care arrangements," where a child spends substantial time living with both parents. This might involve alternating weeks, splitting weekdays and weekends, or other arrangements. Both parents fully exercise parental responsibility, making decisions jointly about important matters in the child's life.
In UK family law, supervised contact arrangements are ordered only when significant concerns exist about a parent's ability to safely interact with their child without oversight.
Courts generally view supervised contact as a temporary intervention, with the aim of moving toward less restrictive arrangements when safe to do so. However, in cases of ongoing serious risk, these orders can remain in place long-term or even indefinitely to protect the child's welfare.
Step 1 : Mediation Information and Assessment Meeting (MIAM) - mandatory first step unless exemptions apply. Explores whether mediation could help resolve disputes and suitability for mediation
Step 2: Attempt to reach an Agreement - focus is on finding arrangements that allow both parents to play an active role in their child's life and can take the form of 1 or a combination of informal agreement, formal mediation or solicitor negotiation.
Step 3: Court Proceedings (if necessary) - file C100 application form which is the initial court application, followed by a first hearing where the Court assesses the case and explores settlement, CAFCASS independent assessment of child's needs, further hearings and a final hearing if agreement still not reached.
The child's welfare is paramount. Courts start with the presumption that a child benefits from having both parents involved in their life, unless there are welfare concerns.
The welfare checklist from the Children Act 1989 is a fundamental tool used by courts when considering sole custody (child arrangements) applications. Key aspects include
The wishes and feelings of the child - more weight given to older children's views, consideration of consistency of expressed wishes direct interviews, observation by CAFCASS officers likely needed and, whether siblings express similar or differing views
The child's physical, emotional, and educational needs - quality of existing bonds with each parent, which parent can provide consistency in daily life, social needs
likely effect of any change in circumstances - potential changes of school or travel arrangements, security of each parent's accommodation, long-term vs. short-term effects
The child's age, sex, background, and relevant characteristics
Any harm suffered or risk of harm
The capability of parents to meet the child's needs - parenting capacity assessments by qualified professionals, physical and mental health of each parent, employment stability and working patterns affecting availability, willingness to facilitate relationship with the other parent
The range of powers available to the court - possibilities ranging from shared care to supervised contact, prohibited steps orders to prevent specific actions, specific issue orders addressing particular disputes, family assistance orders for professional support, undertakings and conditions attached to child arrangements orders, review mechanisms, referrals to support services
Before pursuing an order which effectively seeks to shut out the other parent, applicants should carefully consider both the legal hurdles and potential impacts on all parties involved, including :-
Harm to your case
Increased conflict and legal costs
Negative impact on your child
Damage co-parenting relationships
Aside from the factors described above, such as parents living far apart, the typical reason for considering applying for sole custody is behaviour concerns. Valid reasons to seek full custody under UK law include documented history of abuse or neglect, serious substance misuse issues affecting parenting capacity, and genuine risk of child abduction or harm. Courts require substantial evidence.
Child arrangements aren't permanently fixed. You have the right to ask the court to review and change arrangements if circumstances change. This is known as 'liberty to apply'. Common reasons include:
One parent planning to relocate
Changes in work patterns affecting care arrangements
Child's needs or wishes changing as they get older
Health issues affecting current arrangements
New relationships affecting living situations
The court will only make changes if they're in the child's best interests. You should try to agree changes with the other parent first, as courts prefer parents to reach agreements without their intervention.
When one parent consistently fails to comply with court-ordered child arrangements, this creates significant difficulties for both the child and the compliant parent. Non-compliance can range from repeatedly missing contact sessions to refusing to return the child at agreed times, which may constitute a breach of a Child Arrangements Order requiring further legal intervention, which may result in :
Court can impose enforcement orders for breaches
Parents may be required to attend parenting programmes
Financial penalties possible for non-compliance
Serious breaches may result in change of arrangements
Our experienced family law solicitors can:
Guide you through the process
Represent you in negotiations or court
Help draft and review agreements
Advise on complex cases
Get in touch
If you would like to speak with a member of the team you can contact us on:
Lead Partner - Family law
Amarjit is Lead Partner for the Family Team. Amarjit advises on all aspects of family law, including divorce, financial matters, nuptial agreements, cohabitation and separation agreements, as well as resolving issues concerning children. The aim is to...
