What is sole custody?

What is sole custody?

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.

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 a sole custody court order, 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 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 to court, 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.

Can I apply for sole parental responsibility?

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 solicitor 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, negotiating child arrangements, or protecting your parental rights, we’re on hand to help you.