How Do I Get Sole Custody of My Child?

When parents separate or divorce, one of the most important decisions involves the future care of their children. In some cases, a client will ask us “How do I get sole custody of my child?” Whether you are concerned about your child’s safety, stability, or long-term wellbeing, this article aims to explain the process of obtaining sole custody, the legal terms involved, and what the courts will consider when making decisions about your child’s care.

In England and Wales, the term “custody” is no longer used in legal terminology. Instead, the law refers to “child arrangements orders” which set out who the child will live with and spend time with. When people refer to “sole custody,” they are usually referring to a situation where a child lives exclusively with one parent and the other parent either has no contact or limited, supervised contact. This is sometimes informally referred to as full custody or sole care. A child arrangements order issued by the family court can formalise this arrangement.

To get sole custody, you will have to demonstrate that it is in the best interests of your child to live exclusively with you. The court will take into account a range of things, including the other parent having a history of abusive behaviour (emotional, physical, or sexual), if the other parent has issues with substance misuse, their mental health and/ or a pattern of neglect or inability to provide a stable environment. They will also consider the child’s wishes and feelings if they are old enough and of sufficient maturity. The court’s main concern is always the welfare of the child.

If both parents agree that the child should live with one parent full-time, then it should be possible to reach an agreement on sole custody without going to court. The agreement would be recorded in a parenting plan or formalised through a consent order.

However, if the other parent then disputes the arrangement and challenges it at a later date, then the matter may still end up going to court. We would always advise getting professional legal advice as early as possible to make sure any agreement reached is legally sound and enforceable.

With disputes over custody, the court will assess what is in the child’s best interests using the welfare checklist under Section 1 of the Children Act 1989. This assessment will look at a range of factors including the child’s physical, emotional and educational needs, the effect of any change in circumstances, any harm the child has suffered or is at risk of suffering, and the ability of each parent to meet the child’s needs. The court may appoint a CAFCASS (Children and Family Court Advisory and Support Service) officer to assess the family situation.

If the court grants a lives with order naming one parent (sole custody), then the other parent may still have parental responsibility and might have contact arrangements which are outlined in a spends time with order. Depending on the circumstances, this could mean supervised or unsupervised contact. Where there are safeguarding concerns, the court may order no contact or indirect contact only (such as letters or video calls).

A child arrangements order (CAO) is a court order that sets out who a child will live with and spend time with. If the court orders that the child lives with one parent only, this is effectively the legal equivalent of “sole custody.”

A lives with order can be granted solely to one parent or jointly to both parents (even if the child primarily resides with only one of them). The order may also detail how often the child will see the other parent and in what setting.

If the parents were married at the time of the child’s birth, or if the father is named on the birth certificate, then in most cases both parents will have parental responsibility. This means they have the right to make important decisions about the child’s life, including things such as education and medical treatment. It is rare for the court to remove parental responsibility from a parent. However, in cases that involve abuse or abandonment, the court may consider it. It is more common for a parent with sole custody to apply for a specific issue order or prohibited steps order to restrict the other parent’s decision-making powers in certain situations.

If you believe sole custody is necessary to protect your child’s wellbeing, the first step is usually to attempt resolution through family mediation. If mediation is unsuccessful or inappropriate due to safeguarding issues, you can apply to the family court for a child arrangements order.

You will need to complete a C100 form and may also need to include a C1A form if you are raising concerns about harm or abuse. The court will then assess your application and may schedule a hearing or request reports from CAFCASS.

Because of the legal complexity and emotional impact of these cases, it is advisable to seek advice from a family law solicitor who can help you prepare a strong case and represent your child’s best interests throughout the process.

Ready to take the next step? As leading family law solicitors in Milton Keynes, our team of child arrangements specialists can advise and guide you from the moment we start working with you. We also have offices in Watford, Bicester and London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.