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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.
Living with One Parent (Live With Order also known as Sole Custody) - the child lives primarily with one parent, spending the majority of their time at that parent's home. The other parent usually has regular contact through some or all of weekend visits, mid-week evening visits, half of school holidays and regular phone/video calls. This arrangement might be suitable when one parent has always been the main carer, the child's school and activities are centered around one location, parents live far apart or work schedules make shared living impractical.
Shared Living Arrangements (Shared Care also known as Joint Custody) - the child spends substantial time living at both parents' homes. Common patterns include alternate weeks with each parent, 3-4 days with each parent, Monday-Friday with one parent with weekends with the other or split weeks (e.g., Mon-Wed with one parent, Thu-Sun with the other). This works best when parents live close to each other, both homes are near the child's school, parents can communicate well and the child can cope well with transitions.
Before pursuing sole custody, 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.
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.
Supervised contact in the UK typically operates through officially designated contact centers or with approved third-party supervisors present throughout parent-child interactions. The court order will specify the frequency, duration, and conditions of these sessions, which may include restrictions on discussions, activities, or gift-giving.
The supervision can be implemented at different levels of intensity, from "supported" contact (where minimal oversight occurs) to "strictly supervised" contact (where the supervisor remains within sight and hearing at all times). Progress is regularly reviewed by the courts, with reports from supervisors often determining whether restrictions can be gradually relaxed or must remain in place.
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 hearngs 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. When making decisions, courts look at:
Child's wishes - based on age and understanding
Physical and emotional needs - including stability and the benefit of maintaining relationships with both parents
Effect of changes - impact on the child's routine and relationships with both families
Age and background - cultural and individual needs
Risk of harm - any safety concerns that might affect parental involvement
Parental capability - ability to meet the child's needs and support relationships with the other parent
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...
