Shared Custody in the UK: How It Works and When Courts Order It

What Shared Custody Means in Law

In English law, shared custody is referred to as a shared child arrangements order -- an order that the child lives with both parents. There is no minimum or maximum time specified by law. A shared arrangement might mean a child spends half their time with each parent, or it might mean they spend more time with one parent but have significant time with both.

When Courts Order Shared Arrangements

Courts will make a shared child arrangements order where it is in the child's best interests. Relevant factors include: whether both parents are committed and capable, whether the child has a good relationship with both parents, whether the parents can communicate and cooperate sufficiently, and the practical arrangements including proximity of homes and the child's school.

The Presumption of Parental Involvement

The Children Act 1989 contains a presumption that the involvement of both parents in a child's life will further the child's welfare, unless the contrary is shown. This is not a presumption of equal time -- it is a presumption that both parents should be involved.

Practical Considerations

Shared arrangements work best where both parents live reasonably close to each other and to the child's school, where both parents can communicate without conflict, and where the child is settled and adaptable. Courts are less likely to order shared arrangements for very young children or where there is significant conflict between the parents.

Child Maintenance and Shared Arrangements

The amount of child maintenance payable is affected by shared arrangements. Where a child spends at least 52 nights per year with the paying parent, the maintenance calculation is reduced. Where time is split equally, maintenance may be minimal or payable by neither parent depending on income.