Child Custody in the UK: What It Means Now and How Courts Decide

The Word Custody No Longer Exists in English Law

If you have been searching for information about child custody in the UK, you should know that the term does not appear anywhere in English family law. It was abolished by the Children Act 1989 and replaced with a system of parental responsibility, child arrangements orders, and the welfare principle.

What the Family Court Actually Decides

The family court makes child arrangements orders. These orders set out who a child lives with and who a child spends time with. A child can live with one parent, with both parents on a shared basis, or in some cases with a third party such as a grandparent.

How the Court Decides

The court applies the welfare checklist under section 1 of the Children Act 1989. The child's welfare is the paramount consideration. The court considers the child's wishes and feelings, their physical and emotional needs, the effect of any change in circumstances, any harm they have suffered or are at risk of suffering, and the capability of each parent to meet their needs.

Parental Responsibility

Parental responsibility is the collection of rights, duties, and responsibilities that a parent has in relation to a child. Mothers automatically have parental responsibility. Married fathers automatically have parental responsibility. Unmarried fathers acquire it by being named on the birth certificate after 1 December 2003, by agreement, or by court order.

What This Means in Practice

If you and the other parent cannot agree on arrangements for your child, either of you can apply to the family court using a C100 application form. The court will then make a child arrangements order setting out the arrangements that are in the child's best interests.