When parents separate, one of their main concerns is ensuring their child’s care and stability. In UK law, what is commonly called “full custody” is referred to as a Child Arrangements Order that states the child will live with one parent.
In practice, this means one parent has sole physical custody and often sole legal responsibility, while the other may still maintain contact rights depending on the circumstances. The courts no longer use the term “custody” and instead focus on arrangements that best serve the child’s welfare.
Legal grounds for full custody
To obtain full custody, you must show that living with one parent is in the child’s best interests. The court will consider several factors, including:
- Risk of physical or emotional harm when with the other parent, such as neglect or abuse
- Parental incapacity or instability, such as mental health difficulties, substance misuse or criminal behaviour
- Whether one parent can provide a safe and supportive environment that meets the child’s needs
- The wishes and feelings of the child, if they are old enough to express them
The guiding principle is always the welfare of the child. Courts generally favour shared arrangements where safe and practical, and will only grant sole residence if there are clear reasons to do so.
What steps are involved in applying
Mediation usually comes first. Before going to court, most parents must attempt mediation to try and reach an agreement. This requirement is set out by the government as part of the family law process.
If mediation does not resolve matters, you can submit a C100 application to the family court, requesting a Child Arrangements Order. The court often involves CAFCASS (Children and Family Court Advisory and Support Service) to prepare a report on the child’s welfare.
At the hearing, both parents will present evidence. The judge will then consider the case using the welfare checklist under the Children Act 1989. If the court decides it is in the child’s best interests to live with one parent full-time, it will issue a Child Arrangements Order confirming this and setting out any conditions for the other parent.
Preparing your case
Strong evidence is vital when applying for full custody. This may include medical records, school reports, witness statements or documentation of any safeguarding concerns. Courts expect full honesty and disclosure from both parents, and will give significant weight to professional assessments from social workers, doctors or teachers.
If you are claiming that the other parent poses a risk, it is important to provide clear evidence rather than relying on personal opinion. Keeping a detailed record of incidents, supported by third-party reports, can help the court make an informed decision.
Alternatives to full custody
Full custody is not always necessary or appropriate. Many families agree on shared arrangements, where the child spends time living with both parents. Others agree to one parent having day-to-day care, with the other having regular contact such as weekends or holidays.
The court will usually encourage solutions that allow both parents to remain involved in the child’s life. Even where a sole residence order is made, the non-resident parent will often be granted some form of contact, unless it is unsafe. Mediation and parenting plans can sometimes resolve disputes without the need for a contested hearing.
How solicitors can help
Family solicitors play a key role in preparing and presenting your case. They can advise on evidence, represent you at hearings and negotiate practical arrangements that meet the child’s needs. They also help parents explore alternatives like mediation, which can be quicker, less stressful and less expensive than court proceedings.
At Osbourne Pinner Solicitors, our team specialises in child law and residence applications. We provide clear advice, robust representation and support at every stage of the process to help you secure the best outcome for your child.
That starts with a free 30-minute consultation. We’re available remotely or in person, in Harrow, Canary Wharf, Piccadilly Circus and Manchester. To book a consultation today, call 0203 983 5080, email [email protected] or complete our form below.
