When parents separate or divorce, one of the most important concerns is how the children will be cared for. Decisions about where they live, how much time they spend with each parent, and who makes key decisions can feel overwhelming. In UK law, the term “custody” is no longer used. Instead, arrangements are set out under the term “child arrangements,” which cover both residence and contact.
Parental responsibility
Parental responsibility refers to the rights and duties each parent has towards their child. This includes decisions about education, healthcare and upbringing. Mothers automatically have parental responsibility from birth. Fathers gain it if they are married to the mother at the time of birth or are named on the birth certificate after a certain date. In other cases, fathers may need a formal agreement with the mother or a court order.
Having parental responsibility does not necessarily mean a parent has the right to live with the child. It does, however, give them a say in important decisions affecting the child’s welfare.
Related: How to Remove Parental Responsibility in the UK
Agreements outside court
The law encourages parents to reach agreements themselves where possible. A Parenting Plan can help record agreed arrangements in writing, though it is not legally binding. This can make co-parenting clearer and reduce conflict.
Where parents struggle to agree, mediation offers a structured way to resolve disputes. A neutral mediator helps both sides discuss arrangements, aiming to find a solution without the cost or stress of court proceedings.
Court orders
If no agreement can be reached, either parent may apply to the court for a Child Arrangements Order. This order decides where the child lives, how much time they spend with each parent, and in some cases how they are raised. The court’s guiding principle is always the child’s welfare, not the wishes of the parents.
What courts consider
When asked to decide, courts will always put the child’s welfare first. Several factors are assessed, including:
- The child’s emotional, physical and educational needs
- The wishes and feelings of the child, depending on their age and maturity
- Each parent’s ability to provide a safe and stable home
- The importance of continuity, such as schooling and established routines
- Any risk of harm, including exposure to abuse, neglect or unsafe environments
The court may also seek a report from CAFCASS (Children and Family Court Advisory and Support Service), which investigates and provides recommendations to help the judge reach a fair decision.
What this means for parents
Understanding custody rights is essential when going through divorce. The law does not focus on one parent “winning” or “losing,” but rather on ensuring the child’s best interests are protected. Parents who can put their differences aside and cooperate are more likely to reach solutions that work for everyone involved.
Legal advice from family law experts can help clarify your rights and options. Whether through negotiation, mediation or a court order, knowing the process allows you to make informed decisions and focus on your child’s wellbeing.
At Osbourne Pinner Solicitors, we guide parents through every stage of divorce and child arrangements, helping to secure outcomes that protect children while reducing conflict wherever possible. That starts with a free 30-minute consultation at a time that suits you.
Choose from offices in Harrow, Canary Wharf, Piccadilly Circus and Mancheste. Or speak to us remotely on a video call. If you’d like to book a session, call 0203 983 5080, email [email protected] or send your details using our form below.
