If you are considering applying for “exclusive custody” of your child in England or Wales, understanding how the process works is essential. Although the term “custody” is no longer used in UK family law, many parents still use it to describe a situation where a child lives full time with one parent and has limited or no contact with the other.
In legal terms, this type of arrangement is achieved through a Child Arrangements Order under the Children Act 1989. At Osbourne Pinner, our family law team regularly advises parents navigating difficult and sensitive disputes involving child residence and contact.
This guide explains what “exclusive custody” means in practice, when the court may consider it appropriate and how to begin the application process.
What does exclusive custody mean in the UK?
The modern legal equivalent of exclusive custody is a Child Arrangements Order that states a child will live with one parent. The order may also limit or control the level of contact the child has with the other parent, depending on the circumstances.
Even where a child lives solely with one parent, the other parent may still have parental responsibility unless the court has removed or restricted it, which is rare. Parental responsibility covers important decisions about a child’s upbringing and removing it usually requires evidence of serious risk or harm.
In most cases, applying for exclusive residence is about ensuring that the child lives in a safe, stable environment supported by evidence, rather than preventing the other parent’s involvement entirely.
When might the court grant exclusive residence to one parent?
The court’s primary concern is always the welfare of the child. Under the Children Act 1989, judges consider the child’s physical, emotional and educational needs, their wishes and feelings (depending on age and understanding), the likely effect of any change in circumstances, any risk of harm and each parent’s ability to meet the child’s needs.
A court may consider granting exclusive residence to one parent in situations such as:
- Concerns about domestic abuse, neglect or coercive control
- Evidence of substance misuse or unmanaged mental health issues
- Patterns of behaviour showing a parent cannot prioritise the child’s wellbeing
- Situations where shared arrangements are unworkable or would place the child at risk
Although the court normally supports the involvement of both parents in a child’s life, this presumption can be set aside where involvement would expose the child to harm or instability.
Can exclusive custody include removing parental responsibility?
Removing parental responsibility is highly exceptional. It is usually considered only in cases involving serious risk to the child, such as violence or long-term absence of the parent from the child’s life.
More commonly, the court will provide a structure that allows one parent to have full-time care of the child while the other parent’s contact is limited, supervised or in some cases temporarily suspended. The aim is always to protect the child, not to punish the other parent.
Preparing before you apply
Before applying to court, parents are encouraged to explore non-court options unless the case involves urgent safeguarding concerns. Mediation solicitor-led negotiations and parenting plans can sometimes resolve issues without formal proceedings.
Most applicants must attend a Mediation Information and Assessment Meeting (MIAM) before issuing a court application. Exceptions apply where there is evidence of domestic abuse or where the situation is urgent.
Preparing strong evidence is an important step. This may include:
- Records relating to the child’s schooling, health and day-to-day care
- Reports from professionals such as teachers, doctors or social workers
- Evidence of any concerning incidents, including messages, emails or formal reports
- A clear record of attempts to resolve matters constructively
Demonstrating a stable home environment and a child-focused approach will always strengthen an application.
How to apply for a Child Arrangements Order
To apply for exclusive residence, you will normally submit a C100 form to the family court. If your application involves allegations of harm, domestic abuse or safeguarding concerns, you will also complete a C1A form. These forms outline your concerns, your proposed arrangements and any evidence you intend to rely on.
Once your application is issued, the court will list the first hearing, known as the First Hearing Dispute Resolution Appointment (FHDRA). Before this hearing, CAFCASS (the Children and Family Court Advisory and Support Service) will carry out safeguarding checks and speak briefly with both parents. They will then provide the court with an initial report highlighting any risks or issues that need addressing.
At the FHDRA, the judge will consider whether the issues can be resolved with guidance or whether the case requires a more detailed investigation. Depending on the circumstances, the court may:
- Order statements from both parents
- Request drug or alcohol testing
- Direct a report from CAFCASS
- List a fact-finding hearing if allegations of abuse are disputed
- Set interim arrangements while the case progresses
The court’s final decision will be based on the evidence presented and what arrangement best meets the child’s needs long term.
Building a strong case for exclusive residence
When asking the court for a single-residence order, it is essential to show that your proposal is motivated by concern for the child’s welfare, not conflict with the other parent. Judges assess not only the risks being raised, but also each parent’s ability to support the child’s emotional wellbeing.
Your case will be stronger if you can demonstrate:
- A stable home environment with consistent routines
- Suitable housing, schooling and childcare arrangements
- A willingness to promote safe, meaningful involvement from the other parent where appropriate
- Clear, factual evidence of any risks or concerns
- A child-focused approach throughout the dispute
Courts respond negatively to applications that seem tactical or punitive. Remaining cooperative, measured and child-centred can make a significant difference.
What happens after an exclusive “lives with” order?
If the court grants a Child Arrangements Order stating that the child will live with you exclusively, the order will set out any contact the other parent may have. This may range from regular contact to supervised contact or, in some cases, no direct contact at all.
The order remains legally binding unless it is varied or discharged. Either parent can apply to change the order if circumstances evolve, but the court will only approve changes that continue to serve the child’s best interests.
Practical considerations after an order may include:
- Managing communication between parents in a calm and structured way
- Keeping records of any issues relating to contact
- Ensuring the child’s school or medical providers are aware of the order
- Supporting your child emotionally, especially if contact arrangements are limited
Many families also benefit from external support such as counselling, school pastoral services or specialist family support workers.
When to seek specialist legal advice
Applications for exclusive residence can be complex and emotionally challenging. They often involve sensitive issues and detailed evidence. You should seek legal advice if:
- There are concerns about abuse, neglect or coercive control
- There is ongoing conflict that is affecting the child
- The other parent is refusing contact or breaching previous agreements
- There are international or relocation issues
- You need support presenting evidence effectively
Experienced family solicitors can help you understand the strength of your case, prepare your application and represent you throughout the process.
Get guidance from an expert solicitor
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.
Start with a free 30-minute consultation at our offices or remotely. You can speak to us on a video call or visit our offices. We’re based in Harrow, Canary Wharf and Piccadilly Circus. And if you’re based in Manchester, 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.
