In the UK, the terms ‘sole custody’ and ‘joint custody’ have been replaced by ‘child arrangements’, though many people still use the terms. Here, we explain how it works and how our sole custody lawyers can support you.
Sole custody is a legal arrangement where a child resides with one parent. In the UK, this is known as a ‘lives with’ arrangement, as ‘sole custody’ isn’t a legally recognised term.
Sole custody can be granted in divorce or when parents separate outside of marriage or civil partnership. The family court prioritises the child’s best interests and may issue a child arrangement order awarding sole custody if it's deemed necessary.
If you're seeking expert family law advice or need help applying for sole custody in the UK, our experienced child custody solicitors are here to support you every step of the way.
What is a ‘lives with’ child arrangements order?
A ‘lives with’ child arrangements order is a legal ruling made by the family court that determines where a child will live following a separation or divorce. It can specify whether the child lives with one parent full-time or shares time between both.
This type of order is often sought when parents cannot agree on living arrangements and need the court to formalise a decision in the child’s best interests. Anyone with parental responsibility, including parents, guardians, or stepparents, can apply for a ‘lives with’ order.
On what grounds can I apply for sole custody?
The courts will generally aim to ensure children maintain relationships with both parents, though there are circumstances where sole custody in divorce or separation may be granted.
Parental responsibility refers to the legal rights and duties a parent has in relation to their child, including decisions about education, healthcare, and religion. Birth mothers automatically have parental responsibility, while fathers may acquire it through marriage, registration on the birth certificate, or a court order.
Grounds for seeking sole custody include:
Safety and welfare concerns (e.g. abuse, neglect)
Parental alienation or manipulation
Stability and continuity in the child’s living environment
The child’s wishes, depending on age and maturity
How do I apply for sole custody?
Before applying for a ‘lives with’ arrangement in the UK, you’ll need to attend a Mediation Information and Assessment Meeting (MIAM), a mandatory step to explore resolution outside of court. If mediation fails or there are safeguarding concerns, you can proceed with a formal application called a child arrangement order.
To apply for a ‘lives with’ arrangement, you must complete a C100 form, outlining your reasons for seeking custody and the arrangements you propose for the child’s care. You’ll also need to provide evidence demonstrating that sole custody serves the child’s best interests. You must attend court hearings, during which a judge will evaluate the case and make a decision based on the information presented.
When appropriate, our sole custody lawyers can expertly assist you through this often-challenging process.
How is sole custody determined?
The court’s priority when ruling on any child arrangement order is the welfare and best interest of the child, which can (where the court determines it necessary) take precedence over parental rights. This means that just because someone has parental responsibility for the child doesn’t automatically mean their wishes are followed.
The decision of the court is based on the ‘welfare checklist’ included in the Children Act 1989. In most cases, the courts will prefer to ensure that both parents remain involved in the child’s upbringing through shared care arrangements, as this is usually considered to be in the best interests of the child.
Sole custody, therefore, is usually only granted where the other parent poses a risk to the child’s safety or welfare. This could be due to issues such as abuse, neglect, violent behaviour, substance abuse, or an inability to meet the child’s physical and emotional needs.
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)
Parental responsibility refers to the legal rights, duties, powers, and responsibilities a parent has in relation to their child. A mother automatically acquires parental responsibility at birth, whilst a father typically gains it if he is married to the mother or is named on the birth certificate (for children born after 1 December 2003 in England and Wales). Stepparents or guardians may obtain parental responsibility through a court order or formal agreement.
While it is possible to apply for sole parental responsibility, it is important to note that courts are reluctant to remove parental responsibility from a parent. These decisions are only made in exceptional circumstances, typically involving serious issues such as abuse, neglect, or abandonment. The threshold for removal is high, and the court’s primary concern is always the welfare of the child.
If the situation does not meet the criteria for removal, there are alternative legal routes available. You can apply for a Specific Issue Order to resolve a particular dispute (e.g. regarding education or medical treatment), or a Prohibited Steps Order to prevent the other parent from making certain decisions without your consent. These orders can effectively limit the other parent’s involvement in key areas without revoking their legal status.
For tailored advice based on your circumstances, we recommend speaking with one of our family law specialists. Our team can guide you through your options and help you take the right legal steps to protect your child’s best interests.
Do I need a lawyer to get sole custody in the UK?
It is not a legal requirement to instruct a lawyer to represent you when applying for a ‘lives with’ child arrangement order, but it is important to understand that the process can be lengthy and complex, so it is often strongly recommended.
Navigating child custody can be emotionally overwhelming. At Slater and Gordon, we understand the stress and uncertainty this process brings. Our experienced family law solicitors are here to guide you with empathy and expertise. We can help you by:
explaining your legal rights and options, and how the law might be applied in your circumstances
clarifying the processes involved in applying for a ‘lives with’ child arrangement order and what will be required at each stage
providing tailored, award-winning legal advice and working with you to determine the best way forward for you and your family
representing you and your interests throughout the process, including mediation sessions and court hearings, where necessary
To learn more about applying for sole custody, or a ‘lives with’ child arrangement order, call our team today on 0330 041 5869 or get in touch online.
Why choose Slater and Gordon?
Whether you're seeking sole custody in divorce, negotiating child arrangements, or protecting your parental rights, we’re on hand to help you.
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 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 family 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 legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
You’ll need to apply for a child arrangements order through the family court. Keep in mind that the courts generally favour both parents remaining involved in a child’s upbringing, as this is usually considered in the child’s best interests.
This means that to be granted sole custody, you must be able to provide evidence that allowing the other parent to retain shared care presents a risk to the child’s safety or welfare.
What does sole custody mean for the other parent?
A ‘lives with’ arrangement will set out a child’s living arrangements following a divorce or separation. It won’t affect the other parent’s visitation rights, or their legal parental responsibility. This means that they will still have the right to make decisions regarding your child’s upbringing, including medical treatments and education.
Why should I consider seeking a sole custody agreement?
As previously mentioned, the court will generally only consider a sole custody agreement if there is a risk to your child’s safety, stability, or emotional wellbeing.
If you believe that the other parent remaining involved in your child’s care poses a risk, you may need to consider applying for a ‘lives with’ child arrangement order to offer the protection and consistency your child needs.
To learn more about sole custody and child arrangement orders, or to understand how the law might be applied in your circumstances, speak to our team on 0330 041 5869 or get in touch online.
If I have sole custody, do I have to allow the other parent visitation?
Not necessarily, but it will depend upon your circumstances and the decision of the court. Sole custody does not automatically mean you have the right to prevent the other parent from contacting your child.
During your application to the court, they will decide on contact arrangements based on what’s best for the child. In some cases, supervised or restricted contact may be ordered.
What is the difference between sole custody and full custody?
The terms ‘sole custody’ and ‘full custody’ are not legally recognised in the UK, as custody has been replaced with ‘child arrangements’.
However, both terms are still often used by the public interchangeably as a means of referring to one parent having exclusive rights and parental responsibilities for their child’s care.
How long does it take to get sole custody?
Every case is different, so it can be difficult to estimate how long it could take to get a ‘lives with’ child arrangement order granted by the court.
Cases in which a parent is applying for sole custody of their child can be very complex, often requiring multiple hearings, as well as a potential report from the Children and Family Court Advisory and Support Service (Cafcass).
Where there has been an allegation of harm, the court will also need to schedule a fact-finding hearing to determine if there is any risk to the child, which could extend the process significantly.
Can I move if I have sole custody?
This will largely depend on the terms of your child arrangements order and where you intend to move.
If you have sole parental responsibility for your child and you are relocating within the UK, you wouldn’t usually need to get permission from the other parent or the courts. However, the other parent could object to the move if they believe it violates any contact arrangements they have, so it is strongly recommended to ensure you keep open and honest communication with them wherever possible to ease the process for you and your child.
Moving abroad is more difficult, as it is highly like that doing so will interfere with any arrangements the other parent has for contact and visitation. In these circumstances, you will need to apply to the court for a variation of the original child arrangements order.
Does the mother automatically have sole custody?
No, a mother does not automatically have sole custody of a child. However, a birth mother will automatically be granted parental responsibility for a child at birth, though this is not necessarily true for the father or partner.
While it is true that only someone with legal parental responsibility can make decisions regarding a child’s welfare and upbringing, the courts won’t automatically favour one parent over another, instead focusing on the child’s best interests. A father or parent without parental responsibility can apply to the court to acquire it.
Can the children decide who they live with in a sole custody case?
No, a child cannot decide which parent they live with, though their wishes could be taken into consideration by the court and will be given more weight as they age.
For example, a child over the age of 12 is usually considered to have a greater understanding of the situation and the consequences of any choice they make. A younger child, however, could be more susceptible to influence by other parties and may not have an awareness of the scale of what they are being asked.
Are sole custody rights fixed or are they reviewed?
No, sole custody rights – now known as a ‘lives with’ child arrangements order – are not fixed and can be changed by the courts if circumstances change. This could include a parent relocating, entering a new relationship that impacts the child, or a health issue that makes it difficult for a parent to continue to meet a child’s needs.
To make a change to a child arrangements order, an application for variation must be made to the court, detailing why the current order no longer functions in the child’s best interest and the new arrangements you wish to apply. The court will once again review the application and what is in the child’s best interest before deciding whether to grant the application.
How long does sole custody last?
Typically, a ‘lives with; child arrangements orders will end when the child turns 18 years of age, though they can be altered through an application to the court if circumstances change significantly. That being said, the courts typically won’t enforce any child arrangement order beyond the age of 16 unless there are concerns for the child’s welfare or exceptional circumstances.
It’s worth noting that any arrangements that cover contact or visitation with the child will usually end earlier, when the child turns 16 years old.
Does sole custody mean no parental rights?
No, sole custody does not automatically strip the other parent of all their parental rights. While it does mean that only one parent has the authority to make decisions and has responsibility for the child’s primary card, the other parent will often retain some legal rights unless specifically stated by the court (usually only in cases where there is a concern for the child’s safety).
Who gets custody of a child in a divorce in the UK?
There is no set rule governing which parent gets custody of a child during a divorce in the UK. In fact, it is often the court’s view that both parents should remain involved in the child’s upbringing through a shared care agreement, as this is often seen as being in the best interests of the child.
Every child arrangements order will work differently, as every family situation is unique and what works for one won’t necessarily work for another. If you are going through a divorce and wish to learn more about how to apply for a child arrangements order that works for you and your family, speak to our specialists today on 0330 041 5869 or get in touch online.
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)