Why a Parent Might Not Get Joint Custody in the UK

In the UK, the family courts prefer child custody (legally referred to as ‘child arrangements’) to be shared between parents (i.e. joint custody) following a divorce if it is possible to do so. When parents have joint custody, they share responsibility for the upbringing of their child, including decisions about their day-to-day life, education, and healthcare. The family court normally does not award child custody to one parent; rather, they emphasise the importance of co-parenting. The court’s final decision regarding where and with whom a child will live is always based on the child’s best interests, and the reality is that joint custody might not always be suitable.

‘Joint’ custody does not necessarily mean ‘equal’ custody. A UK family court judge may decide not to grant equal 50/50 custody if there are concerns the child is at risk of physical or mental abuse or neglect from one parent. In such circumstances, the court is more likely to award primary custody to one parent and more limited custody to the other. There are several reasons why a parent may not get joint custody in the UK, including if:

• They cannot adequately provide for the needs of their child in terms of money, food, and shelter.
• There is a background of criminality, abuse, violence, or imprisonment.
• There is a history of substance and alcohol abuse, meaning that the parent cannot provide reliable and adequate care for their child.
• One parent has moved to a new area – in this case, the family court may decide that it is in the best interests of the child to award full custody to the other parent to ensure consistency and continuity for the child.
• One parent is attempting to alienate the other parent – this may happen, for example, if there is clear evidence that one parent is trying to sabotage the child’s relationship with the other parent. In such cases of parental alienation, the family court may make the decision to award full custody to the other parent.

Please note: this article is intended for informational purposes only and should not be considered legal advice. If you have any questions about child custody or understand your legal position based on your unique circumstances, please contact our family law solicitors.

Family court considerations for 50/50 child custody in the UK

While a 50/50 child custody arrangement is possible in the UK, this cannot be assumed or guaranteed as the UK family court will assess various factors when determining the most suitable arrangement for your child. Depending on the circumstances, the family court may issue a shared residence order. A shared residence order sets out how a child’s time should be divided between both parents. For example, it may stipulate that the child spends weekdays with their mother and weekends with their father. Or it may state that the child will spend term time with one parent and holiday time with the other parent.

It is important to understand that just because a shared residence order has been issued, it does not necessarily mean that the child will spend an equal amount of time with each parent. Each case will be considered by the court based on the individual circumstances. When determining whether a 50/50 child custody split is appropriate, they will consider a range of factors including:

• The background of the case
• Whether the parent is able to reliably meet the needs of the child (e.g. financially and emotionally)
• The circumstances of the parent, including where they live, their working situation, and their physical and mental health
• If there is any risk of harm to the child – if the courts are concerned that the child may be at risk of abuse or environmental factors such as substance abuse
• The age and sex of the child
• The wishes and preferences of the child
• The physical and emotional requirements of the child
• The potential impact on the child if there is a significant change in environment or circumstances

This list is by no means exhaustive. Ultimately, the courts will focus on the well-being of the child when deciding whether to issue a 50/50 shared residence order.

How to get joint custody in the UK

There are several steps in getting joint custody of a child in the UK, as follows:

1. Mediation – the courts will normally only consider an application for child custody after mediation has been tried. Mediation is an extremely effective way for parents to reach an agreement on important matters, including child arrangements. The courts will require you to attend a mediation information and assessment meeting (MIAM), where a trained mediator will help to assess whether mediation is suitable for the case. If mediation is not suitable (e.g. if there is a background of abuse), or it does not prove effective, then you can apply for a Child Arrangements Order (CAO)
2. Application form – Prepare and submit an application for a CAO (Form C100).
3. Payment – Pay the CAO application fee of £255.
4. Respondents – The CAO application form will be sent to each of the respondents, including each of the child’s parents, anyone who is looking after the child, and other people named on the application.
5. Evidence and court documents – Prepare and submit any court documents required to support your case, including a case summary, statement of issues, position statement, and up-to-date list of events in time order.
6. Hearings – The court will assess your CAO application form and evidence and provide arrangements for hearings to decide your matter.

Depending on the outcome of your case, the court may issue a Child Arrangements Order setting out the child custody arrangements. If the matter is urgent, the court may issue a temporary order. To ensure that your matter is heard without delay and that you have the best possible chance of having the child custody arrangements you want, please contact our family law solicitors. We have considerable experience in successfully handling complex child custody matters and can handle all aspects of your case on your behalf.