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The grounds for full custody of a child in the UK




Sponsored feature | Eloise Wilson, partner, Woodfines Solicitors

Eloise Wilson, partner, Woodfines Solicitors. Picture: Woodfines
Eloise Wilson, partner, Woodfines Solicitors. Picture: Woodfines

Separating from or divorcing your ex-partner can be a very stressful and emotional time, particularly where the split is not amicable or there is an ongoing custody battle.

In most child custody cases, a court will look to preserve the best interests of the child, which usually means ensuring they enjoy a relationship with both parents. However, there are specific circumstances where one parent may be granted full custody. We outline these grounds and the legal process for gaining full custody of your child in the UK.

The phrase ‘child custody’ is no longer used in UK legal settings; instead, the term is ‘child arrangements’ and a judge hands down a Child Arrangement Order.

The default stance

Let’s briefly look at the default position a court takes when looking where to place a child whose parents are separating.

Essentially, the court will make a decision that serves the child’s welfare and best interests. Shared custody is usually preferred to ensure the child can maintain a relationship with both parents. In complex cases or where there are disputes, the court may refer the case to Cafcass (the Children and Family Court Advisory and Support Service) or social services, who will meet with the separating parties and child(ren) and prepare a report.

A court will not take into account what might be most convenient for you or your ex, especially if it is to your child’s detriment.

Grounds for full custody

As we’ve indicated above, a court will deviate from the default position of shared custody if it believes it’s in the child’s best interests, for example:

- Your child’s safety is at risk

- There is a criminal record

- Issues with mental health or addiction

- Inability or unwillingness to parent

-Parental alienation.

In child custody cases a court will make a decision that serves the child’s welfare and best interests.
In child custody cases a court will make a decision that serves the child’s welfare and best interests.

What your child wants

Depending on your child’s age and their ability to express themselves, your child’s opinions and preferences will be taken into account. If they express a desire to only live with you, or your ex-partner, this will be considered. However, a court will be very careful when considering a child’s preference because of the risk of parental alienation.

How to seek custody of a child

1. Attend mediation: It is a legal requirement to attend a Mediation Information and Assessment Meeting (MIAM) before you can take your divorce case to court. There are certain exceptions to this rule, for example in domestic violence cases or where there are serious child protection concerns.

2. Apply for a Child Arrangement Order: It costs £255 to apply for a Child Arrangement Order and it is best to do so in consultation with your solicitor. This is because you must provide lots of information about yourself, your child and your familial situation to help you make your case for full custody to the court, which can be a complex process.

3. Wait for your first hearing date: Once all the paperwork has been submitted, court proceedings can begin. You will receive a first hearing date, which all the child’s guardians, as well as a Cafcass officer must attend.

4. Attend further/final hearing(s): If you cannot come to an agreement, there may need to be more hearings and a Cafcass officer may have to spend time with you and your child to gather further evidence for the court. The judge will make a decision on what split they believe will provide the best environment for the child and that will meet their various physical and emotional needs.

If the court believes the child’s best interests are served by living with one parent, this will become a stipulation of the Child Arrangement Order.

Note that a court may award you as the primary carer but may still award your ex-spouse visitation rights.

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