Child custody disputes can be emotionally challenging and legally complex, often placing significant strain on families. While parents naturally want what is best for their children, there are situations where pursuing full custody becomes necessary to safeguard a child’s well-being.
In this article, we will explore the legal grounds for obtaining full custody in the UK, the process involved, and the legal framework governing child custody matters. We will also explain the role of CAFCASS in custody decisions and outline how to apply for full custody.
If you are facing a child custody dispute, we understand how stressful it can be and we are here to help. Our experienced family law solicitors have decades of experience in dealing with Child Matters, so you can rest assured that we will fight for the best outcome for children.
We also offer a free initial family law consultation, where you can book an appointment, and one of our friendly solicitors can guide you through your options.
Understanding Child Custody Law
Child custody refers to the legal responsibility for a child’s care and upbringing. In the UK, custody is no longer the legal term used in family law; instead, it falls under a Child Arrangements Order as defined by the Children Act 1989.
There are two types of custody:
Shared Custody: Where both parents share responsibility for the child’s upbringing, often involving the child moving between residences.
Sole Custody: Where one parent has the primary responsibility for the child’s welfare, with the other parent typically granted contact rights.
Children Act of 1989
The Children Act (1989) changed how child custody and divorce works in the UK. The main impact was the change in emphasis from the courts deciding who gets ‘custody’ and ‘access’ to children in divorce cases, to the concept of parental responsibility being established, meaning it is up to the parents to reach their own agreements with regard to their children if they separate.
Previously, divorcing couples would need to submit a Statement of Arrangements for Children form to the court, and this would need to be approved by a judge when granting the divorce. Often, the judge would make an order decreeing which party was to have ‘custody’, ‘care and control’ or ‘access’ to the child. The Children’s Act completely changed this.
Now courts don’t interfere with child arrangements unless it is deemed dangerous for the child not to. Often former couples will make a separate application to the court for an appropriate order if they cannot come to an agreed arrangement for the children themselves. These are Child Arrangement Orders and were also established as part of the 1989 Children Act.
The Children Act also introduced the concept of the Welfare Principle which establishes that the child’s best interests must always be the primary consideration in any legal decision regarding their care. The courts must consider factors included in the ‘welfare checklist’ such as the child’s needs, parental capability, and any potential harm when making decisions regarding a child’s living situation and care.
How the Children and Family Court Advisory and Support Service Plays a Part
The Children and Family Court Advisory and Support Service or ‘CAFCASS’ plays a vital role in UK child custody cases. Their primary responsibility is to ensure that court decisions reflect the child’s best interests.
CAFCASS officers:
- Assess family situations and provide independent reports to the court.
- Speak with children to understand their wishes and feelings.
- Advise on safeguarding concerns, such as domestic abuse or neglect.
- Make recommendations to the court based on their findings.
CAFCASS officers will be asked for their expert input in Child Arrangement Order cases to help the court come to a decision.
The Legal Grounds for Full Custody of a Child in the UK
In the UK, a parent may seek full custody of a child under specific legal grounds. These include:
- Risk of harm: If the other parent poses a risk due to abuse, neglect, or substance misuse.
- Parental incapacity: If one parent is unable to provide a stable environment due to mental health issues or other serious concerns.
- Child’s best interests: If it is deemed that living with one parent exclusively would be in the child’s best interests.
- Previous court violations: If a parent has repeatedly violated court-ordered contact agreements.
Courts assess each case individually, ensuring that the final decision upholds the child’s welfare. If you have concerns about sharing custody with a co-parent due to any of the reasons above, we understand that it is a very stressful situation. A qualified family solicitor will be able to help you see if you have a case, guide you through the process of pursuing full custody and help keep your child safe.
A 30 minute free family law consultation with Eric Robinson Solicitors is the first step to assessing whether you can pursue sole custody. Book an appointment with us today and let’s see if we can help.
How to apply for full custody in the UK
Applying for sole custody of a child in the UK entails applying for a sole residence arrangement order. To get to this stage, there are a few steps to take first:
- Mediation: Before applying to the court, parents are required to attempt mediation, which involves coming to an agreement with the help of a neutral third party. Exemptions to this requirement apply (e.g. domestic abuse).
- Apply: Your solicitor will help you submit a C100 form to the Family Court which requests a Child Arrangement Order.
- Attend hearing: Both parents may be required to attend court hearings where a judge will assess the case.
- CAFCASS Assessment: CAFCASS may conduct assessments and report back to the court.
- Court Decision: Based on evidence and recommendations, the court will decide on custody arrangements.
Seeking family law advice early in the process increases your chances of a successful Child Arrangement Order application. Your solicitor will gather the correct evidence, fill out the paperwork, and guide you through the court hearings.
Conclusion
Child custody cases can be legally complex and emotionally taxing, but the primary focus should always be the welfare of the child. In custody disputes, there are legal grounds based on the child’s welfare which means family courts will award sole residence Child Arrangement Orders.
Eric Robinson Solicitors offers expert family law services and a free initial family law consultation so if you have a child custody concern, book a free initial appointment today or contact your closest office in:
