When parents separate, deciding who children will live with can be one of the most difficult parts of the process. In the UK, what many people call “full custody” is now legally known as a Child Arrangements Order. This determines who the child lives with and how much time they spend with the other parent.
While the law encourages shared parental responsibility wherever possible, there are situations where one parent may feel that full custody is necessary to protect the child’s welfare. Understanding the legal process and what the courts consider is essential before making an application.
Understanding full custody
“Full custody” is not a legal term used in family courts. But it is a phrase people often use to describe having sole care and control of a child. In legal terms, you would be applying for a Child Arrangements Order that names you as the parent the child “lives with.”
The order can include provisions for contact between the child and the other parent, such as regular visits, supervised meetings or indirect communication. The focus of every custody decision is always the child’s best interests, not the wishes of the parents.
When you might apply for full custody
You may consider applying for full custody if:
- The other parent poses a risk to the child’s safety or wellbeing
- There is a history of domestic abuse, neglect or substance misuse
- The other parent is unable or unwilling to provide suitable care
- You have been the child’s main caregiver and wish to formalise the arrangement
Courts do not grant full custody automatically, even in cases of disagreement. Evidence is required to show that living primarily with one parent would best serve the child’s welfare.
Related reading: How to Remove Parental Responsibility in the UK
Step-by-step: how to apply for full custody
-
Try mediation first
Before applying to court, you are usually required to attend a Mediation Information and Assessment Meeting (MIAM). This gives both parents a chance to resolve issues without going to court. If mediation fails or is not appropriate due to abuse or risk, the mediator will sign a form confirming you can proceed.
-
Submit the application
To apply, you need to complete form C100 and send it to your nearest family court. You can apply online or by post. The form includes details of the child, the parents and the type of order you are seeking. There is a court fee, though fee reductions or exemptions may apply depending on your income.
-
Court hearings
After your application is received, the court will arrange a first hearing, known as a First Hearing Dispute Resolution Appointment (FHDRA). Both parents will be invited to attend. A representative from CAFCASS (Children and Family Court Advisory and Support Service) will usually speak with both parties beforehand and may conduct safeguarding checks.
The judge will review the information and may order further reports, statements or hearings if needed. You will have the opportunity to present your case and provide evidence supporting why full custody is in your child’s best interests.
-
The decision
If the court is satisfied that the child should live with you full time, it will issue a Child Arrangements Order confirming this. The order may also include details about how and when the other parent can have contact with the child, whether in person or indirectly.
What the court considers
The court’s guiding principle is the welfare of the child. Under the Children Act 1989, judges must consider:
- The child’s physical, emotional and educational needs
- The child’s wishes and feelings, depending on their age and understanding
- The effect of any changes in circumstances
- Each parent’s ability to meet the child’s needs
- Any evidence of harm, risk or neglect
The court does not favour one parent over the other based on gender or past relationship issues. Its sole focus is stability, safety and the child’s long-term wellbeing.
How long does it take?
The process varies depending on the complexity of the case and whether both parents cooperate. Simple cases can be resolved in a few months, while those involving disputes, assessments or safeguarding concerns may take a year or more.
During this time, the court can issue temporary orders to maintain routine and safety for the child.
Costs and legal representation
You can represent yourself in family court but many parents choose to instruct a solicitor, especially for more complex or sensitive cases. Legal costs depend on the number of hearings and the amount of evidence required. While Legal Aid is limited, it may still be available in cases involving domestic abuse or child protection concerns.
After the order is granted
Once a Child Arrangements Order is made, both parents are expected to comply. Breaching the order without good reason can lead to enforcement action by the court. If circumstances change later, the order can be reviewed or varied. For example, the other parent may become more capable of caring for the child.
Get help with your custody application
Applying for full custody can be emotionally demanding and legally complex but professional advice can help you navigate the process and give you the best chance of success.
If you need guidance on applying for full custody or other family law matters, our family law solicitors can help.
Please note that this article is solely for informational purposes. It’s not a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case-specific guidance.
We can provide personalised advice in a free 30-minute consultation, held at one of our offices or you can speak to us on a video call. We’re based in Harrow, Canary Wharf and Piccadilly Circus. And if you’re based in Manchester (whether that’s in Bury, Sale or Salford) our new North-based office is close by too. Arrange your consultation by calling 0203 983 5080, emailing [email protected] or using the form below.
