The Family Court always puts the needs and welfare of children first, making child arrangement orders when parents can't agree. Our child custody solicitors are here to help if you need to apply for a court order.
Child custody is a term used to refer to the arrangements made for childcare following a separation or divorce. This includes where the child should live, who will make decisions regarding the child’s day to day care, and how much time should be spent with each parent.
The term ‘child custody’ hasn’t been used by the UK courts for some time, but it is still popular among the public. Instead, family courts use the term ‘child arrangements’, reflecting the aim of meeting the needs and best interests of the child, rather than the wishes of the parents alone.
What are the different types of child custody?
There are two main types of child custody in the UK. These are:
Sole custody: this refers to arrangements in which one parent are primary care and responsibility of the child
Joint custody: under a joint custody arrangement, both parents have shared responsibility for the child’s upbringing and care
There are other types of child arrangements that will be considered by the courts, who will consider various factors, such as the living situation of each parent, the child’s needs and the parent’s capabilities, before making a judgement on what is the best solution for the child.
What is the process for applying for child custody?
In the eyes of the law, the starting point for all child arrangements between separated couples is that the care of the child should be shared with both parents, unless this would be likely to adversely affect the child's welfare.
Naturally, there may be reasons why you think that sole custody would be best for the child or children, but the law requires that in the first instance, you try to arrange this amicably with the other parent.
If that isn't possible, the next step is to seek a child arrangement order from a court. However, before you can make this application, you must first attend a Mediation Information and Assessment Meeting (MIAM).
If mediation doesn't work, either because you can't agree or because your former partner is violent or abusive, we could then help you to seek a child arrangement order in the family court.
This is a court order that is binding on both parents, and which often sets out the times and days that children must spend time with you and your former partner.
How do courts decide who gets custody of a child in the UK?
When considering arrangements for children, family court judges always refer to the following welfare checklist, which is set out in legislation:
The wishes and feelings of the child, considering their age, level of understanding and maturity. Most courts regard children of nine years and older as understanding their circumstances.
The child's physical, emotional and educational needs.
The likely effect that any change of circumstances will have on the child.
The child's age, sex, background and any other characteristics that the court thinks are relevant.
Any harm that the child may have suffered or is at risk of suffering.
How capable the parties in the case are of meeting the child's emotional and physical needs.
All the powers that the court has under the Children Act, which could be used within the proceedings.
Whilst the welfare checklist is meant to be used by judges when assessing arrangements for children, if you are a parent who wants a child arrangements order, relying on the welfare checklist is a good place to start for most parents.
Do I need to attend mediation before going to court for child custody?
Yes, in most cases you will need to attend mediation before you can apply to the court for child custody.
In any child arrangement order, the court will expect you to attend a Mediation Information and Assessment Meeting (MIAM) to try and settle the issue with the other party before a court hearing becomes necessary.
However, there are cases where a MIAM may not be required, including (but not limited to):
where you and the other party have already attempted mediation or alternative solution within the last four months
social services are involved in the care of your child or children
you or your child/children are in danger, or you are a victim of domestic abuse
Understanding the processes involved in applying for child arrangements can be confusing. It’s often best to speak to a specialist child custody lawyer about your case, as they will be able to provide advice and guidance on the best way forward.
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued.
B L (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf.
J B (family and personal matters case)
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint.
C I (family and personal matters case)
Reaching an agreement on child arrangements can be a difficult and sensitive process following a separation or divorce, and it is not uncommon for tensions to rise. Yet no matter your relationship with your ex-partner, finding common ground in the best interests of your child or children is crucial to their welfare.
A specialist child custody lawyer can help you do just that, working closely with you and the other side to help resolve issues such as where your child should live and with whom, how much time they should spend with their non-resident parent, and how both sides can best support each other to ensure your child’s physical and emotional welfare are protected.
A child custody lawyer can:
provide expert legal insight tailored to your circumstances, helping you to understand how the law may be applied in your case and the potential outcomes
clearly explain your responsibilities and your rights, and how these can be safeguarded throughout legal proceedings
handle negotiations with the other side on your behalf during mediation and any court hearings
prepare and submit documentation to the court to ensure everything is completed correctly and meets any relevant deadlines
When should I hire a lawyer for a child custody dispute?
The foremost concern during a child custody dispute is protecting the welfare of the child or children involved and ensuring the outcome works in their best interest. Reaching an agreement with your ex can be an incredible emotive process, which can make it difficult to approach discussions and negotiations constructively.
If you are finding it difficult to talk and negotiate with your child’s other partner, a child custody lawyer can help. By taking you through your options and potential outcomes, you can work positively with your lawyer to set out a path forward in negotiations, and your lawyer can represent you throughout discussions to minimise the potential for any conflict.
It is also strongly recommended that you seek legal support from a specialist child custody lawyer if you:
are handling child arrangements that involve relocation or international elements
believe you or your child/children are at risk of harm
have attempted to reach an agreement with your child’s other parents without legal support but have been unable to
Why choose Slater and Gordon’s child custody lawyers?
Reaching an agreement on child custody or child arrangements following a separation or divorce is often a highly emotive process. It is understandable that tensions can run high and knowing how to work through them to ensure the best outcome for you and your family can be tough.
We are one of the UK’s leading law firms in family law, and our team of award-winning child custody lawyers work closely with hundreds of clients each year to provide comprehensive and tailored legal support to ensure the best possible outcome in every case.
We are ranked in the independent legal directory Chambers and Partners and in the Legal 500, showcasing our dedication to providing outstanding family law services
Many members of our family law team have also been individually recognised in the Legal 500
We are Lexcel accredited, which was introduced by The Law Society as a quality mark for client cases, practice management and legal compliance
We’re regulated by the Solicitors Regulation (SRA)
We pride ourselves on finding amicable solutions where possible, while ensuring your rights and interests are protected throughout the legal process to achieve the best outcome for you and your family
We’re proud members of Resolution, an organisation of family justice professionals committed to promoting a constructive approach to family issues that considers the needs of the whole family
We have dedicated family offices nationally, including Manchester, Wirral, Liverpool and London, bringing national expertise to your doorstep.
We are an award-winning law firm and have a dedicated team of child custody solicitors to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We offer affordable, expert legal advice on divorce and child arrangements. Book a consultation for clear guidance and next steps. Our assessment helps you understand your situation and make informed decisions. Consultation charged at £150 for 45 minutes.
Tailored advice
We understand that family situations differ – so we are able to provide tailored advice and guidance to suit your individual needs.
Local access
We are a national law firm, with child custody lawyers available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
The overall aim of child custody laws in the UK is to give the child the most stable, healthy environment possible in the circumstances. The best interests of the child will remain at the forefront of any decision taken by the court.
This often means ensuring that both parents remain actively involved in their child’s care and upbringing, though there are circumstances where this wouldn’t be deemed appropriate (for instance, in cases of abuse, neglect or violence, or where one parent’s living situation means they cannot adequately provide for their child).
What is parental responsibility?
Parental responsibility is a term defined in the Children Act 1989, and describes the rights, responsibilities, duties and powers a parent or legally recognised guardian has for a child in their care.
Only those with parental responsibility for a child are legally authorised to make certain decisions about the child’s care, welfare, and upbringing. This includes things like where the child should live, where they should be educated, if they should have a religious upbringing, and whether the child should receive certain medical treatments.
Not every parent is automatically granted parental responsibility from the child’s birth. The child’s birth mother will automatically have parental responsibility, but the father or other parent will only be granted parental responsibility if they were married or in a civil partnership with the mother at the time of the birth or if they were named on the birth certificate for children born after 2003.
Who can apply for child custody and parental responsibility?
Only those with parental responsibility for a child can apply for child custody or a child arrangement order.
As mentioned above, only the child’s birth mother is automatically granted parental responsibility from birth. A father or second female parent will usually be granted parental responsibility if they are married to or in a civil partnership with the child’s birth mother at the time of the birth, and a biological father will be given parental responsibility if they marry or enter a civil partnership with the mother at any time after the birth.
Other relatives, such as stepparents, can apply for parental responsibility. You will need the agreement of any others with parental responsibility for the child to make the application. If they do not agree, you can apply for a court order, and the family court will decide whether you should be granted parental responsibility.
What is a parenting plan?
A parenting plan is a voluntary agreement between separated parents or those with parental responsibility that sets out how their child or children will be cared for and raised.
This plan – now called ‘Our Child’s Plan’ by Cafcass – can cover a wide range of child arrangement issues, including living arrangements, education, healthcare, and finances, as well as more day-to-day concerns such as daily care routines and plans for special occasions.
If an agreement can be reached amicably between separating parties, parenting plans can be a positive and effective means of handling childcare concerns without needing the court’s involvement.
How do I resolve a child custody battle?
If you and your partner have divorced or separated, who gets custody of the children is likely to be one of the biggest disagreements between you. The term "custody" has not been used by the UK courts for some time, but it is still popular amongst the general public.
These days, family courts use the words 'child arrangements', which is not only a more sensitive phrase, it also reflects the facts that these are designed to meet the needs of the children rather than the wishes of the parents alone.
If the parents cannot agree the arrangements between them, ultimately a Court can make that decision for them.
How do I arrange to get child custody?
Handling child custody or child living arrangements following a separation is often an emotional charged process. In the first instance, you should try to reach an agreement that prioritises your child’s welfare and best interests with your ex-partner, whether this is informally between yourselves or through a mediator.
It is strongly advised that you seek legal guidance and representation from a specialist child arrangements solicitor during mediation. The aim of this is not to heighten tensions between you and your ex, but to ensure that you have the necessary legal knowledge and expertise to protect your rights throughout negotiations.
If mediation fails, you can apply to the court for a child arrangements order. To learn more about the child custody process and how our leading experts can help you, call us today on 0330 041 5869 or get in touch online.
How much does a child custody lawyer cost?
The cost of a child custody lawyer will vary, as it depends upon the complexity of your case and how swiftly any disputes between you and your child’s other parent can be resolved.
Our lawyers will talk you through what will be involved with your case and the likely costs involved, including the funding options available to you. We’ll always be completely transparent and open, so you can move forward confidently without worrying about any hidden costs.
Do mothers automatically get full custody of their child?
No, mothers do not automatically get fully custody of their child. There are several factors that the court will take into account when making a ruling on child living arrangements, including the child’s age, wellbeing, safety, and (for older children) the child’s own wishes.
As a rule, the courts usually prefer shared care or joint custody arrangements where possible, as it is often deemed in the child’s best interest that they have sufficient contact with both parents.
However, where it is determined that shared care could negatively impact the child’s health or wellbeing – or if there are any concerns that the child could be at risk of harm or neglect – custody may be awarded to a single parent.
Can one parent stop the other from seeing their child?
No. In most cases, one parents cannot legally preventing the other from seeing their child. The only exception to this rule is where a court order has been obtained that states the parent poses a genuine risk of harm to the child.
The court will only ever grant a court order that prevents a parent from seeing their child where there is a proven risk to the child, for example if there has been a history of abuse or neglect.
If your child’s other parent attempts to prevent you from seeing or contacting your child, you may be able to apply for a Prohibited Steps Order that stops them from taking a particular action, such as moving away.
What happens if one parent wants to move abroad?
If one parent wants to move abroad and they wish to take the child or children with them, they will need the consent of anyone with parental responsibility (usually the child’s other parent).
If the other parent doesn’t agree, both parties will need to attempt to resolve the issue through mediation. This should discuss any concerns both sides have, such as contact arrangements and education. If an agreement can’t be reached through mediation, the parent wishing to relocate can apply to the court for a court order allowing them to move their child abroad.
Neither parent can relocate with their child without the agreement of those with parental responsibility or a court order. Doing so can be considered child abduction.
Can grandparents apply for custody or contact rights?
Unlike a child’s parents, grandparents in England and Wales do not have an automatic legal right to see their grandchildren. However, it can be possible for them to apply for a child arrangements order for contact rights or custody, though they will usually need permission from the courts before they are able to do so.
There are exceptions to this rule. For instance, if the child has lived with their grandparent(s) for at least a year, the grandparent(s) can make an application for a child arrangements order without the need to seek permission.
The courts will consider a range of factors before deciding whether to grant permission for a court order, including how close of a relationship the grandparent has with their grandchild, the nature of the application, and any risk for disruption or harm to the child’s life.
How does the court handle custody when domestic violence is involved?
Allegations of domestic violence or abuse are taken very seriously in a family court. The safety and welfare of the child is the court’s paramount concern.
Before making any decision regarding the custody of any children involved, evidence must be provided to the court so they can determine whether the allegations should be upheld. This could include things like witness statements, police reports, reports from support organisations such as social services, and medical records. They may also order a fact-finding hearing to help them reach a conclusion.
If the allegations are found to be true, the court will then consider the impact this could have on the child and whether contact with the abusive parent or guardian puts them at risk of harm.
This could result in restricted or supervised contact between the abusive parent and child, or in the most serious cases, the abusive parent being denied any contact at all with the child.
For further information, or to talk confidentially with one of our specialist child custody lawyers, call us today on 0330 041 5869 or get in touch online to request a call back at a time that suits you.
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued. B L (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf. J B (family and personal matters case)
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint. C I (family and personal matters case)