What is the most common child custody arrangement in the UK?

In family law, the principle of a child’s best interests says that they should have a meaningful relationship with both parents, unless there are any safeguarding concerns. The law presumes that parental involvement is beneficial, and courts will strive to facilitate this after separation or divorce.

What is a child custody arrangement?

A child custody arrangement, or child arrangement order in the UK, determines the rights and responsibilities of parents regarding their child’s care and upbringing – where they live, who they spend time with, contact etc.

In the UK, the most common child custody arrangement is joint custody, where both parents share responsibility for their child’s upbringing. But joint custody doesn’t automatically mean a 50/50 split of time with each parent. Historically, mothers have often been the primary caregivers, leading to a higher likelihood of them being awarded primary custody, though this is changing.

Who decides child custody arrangements?

If parents are unable to agree on child custody arrangements, a family court will make a decision based on what it believes is in the best interests of the child. This may involve a Child Arrangements Order which will decide:

• where your child lives
• when your child spends time with each parent
• when and what other types of contact take place (phone calls, visits etc.)

Each custody case is determined by what the court believes is in the child’s best interests. The court will always make decisions with the primary focus of creating a stable arrangement for a child. This may result in one parent being granted sole custody or an uneven split 70/30 where for example one parent may have them for 5 days a week (Monday to Friday), and the other parent has them for 2 days a week (weekends).

What do judges look at when deciding custody in the UK?

The UK courts don’t automatically award 50/50 custody, regardless of a parents’ gender. The primary focus of the court is the child’s welfare and what arrangements will best serve their needs. The best evidence for child custody relates to a stable home environment, beneficial parenting skills, good mental and physical health, stable and supportive lifestyle, a positive relationship with the child, documented involvement in their life (school/home) and of course the following:

1. The child’s wishes and preferences (depending on age and maturity).
2. The ability of each parent to meet the child’s needs (financially, emotionally, etc.).
3. The parents’ ability to work together and communicate effectively.
4. Any history of abuse or neglect.
5. The child’s attachment to each parent.
6. The practicalities of the arrangements, such as distance between homes and school.

How can a child arrangement lawyer help with custody disputes?

A child arrangement lawyer can help with custody disputes by providing legal advice, representing clients in court, drafting legal documents, negotiating agreements, and potentially facilitating mediation to reach a resolution that will prioritise the child’s best interests. Because they understand the court procedures and process, they will be able to explain the steps involved and prepare you for any, and all, processes involved. And if circumstances change, they can help you to vary an existing child arrangement order.

Shelley De’Worringham, Head of our Family Department, explains. “It is widely accepted that a negotiated agreement between parents represents a better outcome for children, and this is always our starting point. We offer mediation services and find that it is a valuable tool for resolving family disputes. Not only can it help parents to reach agreements more amicably about child arrangements, but it removes the cost and stress of going to court.”

Shelley continues. “For the healthiest custody arrangement for children, we recommend prioritising a child-centred approach that allows for frequent, meaningful contact with both parents, whether through a 50/50 split, 70/30 split, or other arrangements. The most important thing to consider is the child’s needs, the parents’ ability to co-parent, and the child’s age and maturity.”

Free initial meeting for support and advice

At Alsters Kelley, we are dedicated to reducing the cost – emotional and otherwise – of the issues arising from relationship breakdown. All our family lawyers are members of Resolution, a community of family justice professionals who work with families and individuals to resolve issues in a constructive way with the aim of producing better outcomes for families.

We provide a free 30 minute initial consultation to discuss your needs. For timely and specialist advice and support, please contact Shelley De’Worringham on 01926 356000, email shelley.deworringham@alsterskelley.com