In the UK, the terms ‘sole custody’ and ‘joint custody’ have been replaced by ‘child arrangements’, though many people still use the terms. Here, we explain how it works and how our sole custody lawyers can support you.
Sole custody is a legal arrangement where one parent is granted full parental responsibility for a child, including decisions about their upbringing, education, and welfare. Sole custody can be granted in divorce or when parents separate outside of marriage or civil partnership.
The family court prioritises the child’s best interests and may issue a child arrangement order awarding sole custody if it's deemed necessary. If you're seeking expert family law advice or need help applying for sole custody in the UK, our experienced child custody solicitors are here to support you every step of the way.
What is a ‘lives with’ child arrangements order?
A ‘lives with’ child arrangements order is a legal ruling made by the family court that determines where a child will live following a separation or divorce. It can specify whether the child lives with one parent full-time or shares time between both.
This type of order is often sought when parents cannot agree on living arrangements and need the court to formalise a decision in the child’s best interests. Anyone with parental responsibility, including parents, guardians, or stepparents, can apply for a ‘lives with’ order.
On what grounds can I apply for sole custody?
The courts will generally aim to ensure children maintain relationships with both parents, though there are circumstances where sole custody in divorce or separation may be granted.
Parental responsibility refers to the legal rights and duties a parent has in relation to their child, including decisions about education, healthcare, and religion. Birth mothers automatically have parental responsibility, while fathers may acquire it through marriage, registration on the birth certificate, or a court order.
Grounds for seeking sole custody include:
Safety and welfare concerns (e.g. abuse, neglect)
Parental alienation or manipulation
Stability and continuity in the child’s living environment
The child’s wishes, depending on age and maturity
How to apply for sole custody?
Before applying for sole custody in the UK, you’ll need to attend a MIAM (Mediation Information and Assessment Meeting), a mandatory step to explore resolution outside of court. If mediation fails or there are safeguarding concerns, you can proceed with a formal application called a child arrangement order.
To apply for sole custody, you must complete a C100 form, outlining your reasons for seeking custody and the arrangements you propose for the child’s care. You’ll also need to provide evidence demonstrating that sole custody serves the child’s best interests. You must attend court hearings, during which a judge will evaluate the case and make a decision based on the information presented.
When appropriate, our sole custody lawyers can expertly assist you through this often-challenging process.
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued.
B L (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf.
J B (family and personal matters case)
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint.
C I (family and personal matters case)
Parental responsibility refers to the legal rights, duties, powers, and responsibilities a parent has in relation to their child. A mother automatically acquires parental responsibility at birth, whilst a father typically gains it if he is married to the mother or is named on the birth certificate (for children born after 1 December 2003 in England and Wales). Stepparents or guardians may obtain parental responsibility through a court order or formal agreement.
While it is possible to apply for sole parental responsibility, it is important to note that courts are reluctant to remove parental responsibility from a parent. These decisions are only made in exceptional circumstances, typically involving serious issues such as abuse, neglect, or abandonment. The threshold for removal is high, and the court’s primary concern is always the welfare of the child.
If the situation does not meet the criteria for removal, there are alternative legal routes available. You can apply for a Specific Issue Order to resolve a particular dispute (e.g. regarding education or medical treatment), or a Prohibited Steps Order to prevent the other parent from making certain decisions without your consent. These orders can effectively limit the other parent’s involvement in key areas without revoking their legal status.
For tailored advice based on your circumstances, we recommend speaking with one of our family law specialists. Our team can guide you through your options and help you take the right legal steps to protect your child’s best interests.
Do I need a lawyer to get sole custody in the UK?
Navigating child custody can be emotionally overwhelming. At Slater and Gordon, we understand the stress and uncertainty this process brings. Our experienced family law solicitors are here to guide you with empathy and expertise.
We’re proud members of Resolution, promoting a constructive approach to family law and helping families avoid unnecessary conflict. With offices nationwide, we offer industry-leading support wherever you are.
Whether you're seeking sole custody in divorce, negotiating child arrangements, or protecting your parental rights, we’re on hand to help you.
We are an award-winning law firm and have a dedicated team of family solicitors to advise and guide you – no matter how complex your situation may be.
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We offer affordable, expert legal advice on divorce and child arrangements. Book a consultation for clear guidance and next steps. Our assessment helps you understand your situation and make informed decisions. Consultation charged at £150 for 45 minutes.
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You’ll need to apply for a Child Arrangements Order through the family court, providing evidence that sole custody is in the child’s best interests.
What does sole custody mean for the other parent?
The other parent may still have contact rights, but they won’t have decision-making authority over the child’s upbringing unless specified by the court.
Why should I consider seeking a sole custody agreement?
If your child’s safety, stability, or emotional wellbeing is at risk, applying for sole custody in the UK may offer the protection and consistency they need.
If I have sole custody, do I have to allow the other parent visitation?
Not necessarily. The court will decide on contact arrangements based on what’s best for the child. In some cases, supervised or restricted contact may be ordered.
What is the difference between sole custody and full custody?
Though 'custody' terms have been replaced by 'child arrangements' in UK law, 'sole custody' and 'full custody' are still often used interchangeably by the wider public. Both refer to one parent having exclusive rights and responsibilities for the child’s care.
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued. B L (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf. J B (family and personal matters case)
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint. C I (family and personal matters case)