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Child Custody Rights

By: Anna Martin - Updated: 21 Oct 2019 | comments*Discuss
 
Child Custody Residency Disputes Courts

In the UK child custody law determines who should be responsible for the care and charge of a child, after divorce or separation. The term custody is now more commonly referred to as residency - indicating where the children's main residence is, following a parental break up.

In the many cases, parents preference is for joint custody (or residency), which enables the child to spend an equal amount of time with each parent. This option also allows both parents to participate in any decision making which may affect the child. However, if parents are unable to decide amicably on what living arrangement is best for their child, the courts will decide on their behalf.

Parent Vs Parent

Most bitter disputes between married couples end up in the family courts. Whilst the separation and ensuing bitterness will undoubtedly affect the children it's important to remember that:
  • Most child residency court cases end amicably with either agreed residency or joint residency as the outcome
  • Access and maintenance payments from the non resident parent are also taken into consideration
  • In disputed cases each parent is individually assessed before a decision on which parent is given custody of the child, or children, is made

The best interests of the child is the general standard at the heart of all residency cases.

Joint Residency

Joint residency is considered to be the preferred solution as being in the best interests of most children.

BUT...there are no laws or 'rights' that state that a child should live specifically with either the mother or father.

Assuming you both have parental responsibility it is up to you to negotiate residency on the basis of what is best for the children. Many couples neglect to consider this fact and err on the side of what they themselves would prefer (or what suits them).

If you cannot come to an agreement, you should try mediation first. If that is unsuccessful, the courts will become involved and will issue a court order based on what it sees as appropriate.

Joint Residency Reflect Modern Society

The choice of joint residency, reflects the changes in society and takes into consideration work that mothers do outside of the home and a more hands-on approach of child care by fathers. By allowing both parents to have an equal share in the physical care of their child, or children, all legal rights connected to responsibilities and obligations to children are divided.

Custody Disputes

Most custody disputes involve the child’s mother and father. However, in some cases a third party – a grandparent, for instance – may seek custody at the time of a parent’s death or incapacity. If a couple has never married - making provisions for the care of their child may also develop into a dispute. Generally though a court will accept that a parent is in the best position to maintain the welfare of their child.

Unusual Circumstances

In some rare circumstances one parent may be permanently excluded from having any access to their child. However, the court has the right to change the decision at any point in time, should the parent’s circumstances change. The parent is able to re-apply for access at any time, and once an application is made the court may reconsider arrangements after examining evidence.

The Court Decides

The courts will generally accept custody arrangements that parents submit as part of their separation agreement. To ensure these arrangements serve the child’s interests the courts will review the plan. The role that grandparents, step-parents and other influential adults play in the child’s life may also be taken into consideration by the courts.

Changing Or Regaining Custody

Changing a child’s residency arrangements is possible. In order to support the change, substantial evidence of the stability the child will need to be submitted. There are many other factors to consider, which may include relocation of a parent, stability of employment, integration of the child into the new environment etc.

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My relationship with my wife has been strained for a good number of months now perhaps even over a year I'm not apportioning any blame I feel its just a difference of opinions and we rushed into marriage etc we have a child together who is at nursery, I moved in with her in a house that she was already living in. She also has a son from a previous relationship who I have brought up since before he was 1 my worry is if we do split up my family and support network are all over on the opposite side of the city so I don't know how I would get my daughter to and from nursery as well as getting to my own work, how is residincy decided and would I be expected to take her to nursery on the days I have her or could I arrange an alternative child care solution and what would happen when the time comes for her to go to school how would a school be chosen do the parents mutually decide or are living arrangements what dictate it? I love my stepson as well but I take it I wouldn't have any rights to see him? I don't care about how much child support I have to pay or any of the rest of it I just want to spend as much time as possible with my girl as she is my whole world and if possible I would still like to see my stepson as I love him dearly too.
Andy - 21-Oct-19 @ 2:40 PM
My relationship with my wife has been strained for a good number of months now perhaps even over a year I'm not apportioning any blame I feel its just a difference of opinions and we rushed into marriage etc we have a child together who is at nursery, I moved in with her in a house that she was already living in. She also has a son from a previous relationship who I have brought up since before he was 1 my worry is if we do split up my family and support network are all over on the opposite side of the city so I don't know how I would get my daughter to and from nursery as well as getting to my own work, how is residincy decided and would I be expected to take her to nursery on the days I have her or could I arrange an alternative child care solution and what would happen when the time comes for her to go to school how would a school be chosen do the parents mutually decide or are living arrangements what dictate it? I love my stepson as well but I take it I wouldn't have any rights to see him? I don't care about how much child support I have to pay or any of the rest of it I just want to spend as much time as possible with my girl as she is my whole world and if possible I would still like to see my stepson as I love him dearly too.
Andy - 21-Oct-19 @ 2:40 PM
I am married and have 2 boys both under the age of 2. My husband is not legal in the UK (he doesn't have a British passport. He has a Bangladeshi passport) but has been in this country for nearly 10years with all the right paperwork. He's not allowed to work or anything. We are having trouble in our marriage and it's not getting any better. I want to divorce him. I just wanted to know that if I do get a divorce then will I get permanent custody of both my boys or will he get the right aswell, because he's not allowed to work so he won't be abe to support any of them.
EssKay - 25-Aug-19 @ 10:48 PM
I have a 3month old son and my ex has recently threatened to come to the house and take him as he thinks I won't be able to do anything I've contacted the police and made them aware but I'm scared to let him have him alone in fear he will refuse to give him back but he keeps pushing me to let him do it, he hasn't changed a nappy and has fed him 3times I give him two days a week to come down and see him as there his days off but he's starting to become unreasonable and making different threats each time he doesn't get his own way, he's on the birth certificate and I have no clue what to do. Can anyone give me any advice or have been through this as it would be a major help, I'm struggling to eat and sleep everytime I'm alone in the house I have to keep all my doors locked and if I go out I'm constantly looking over my shoulder in fear he's going to be there.
... 13 - 2-Jul-19 @ 12:55 AM
My husband and I are going through really hard times. All drama aside, I am in the UK on a marriage visa. If him and I divorce, and I go back to america, I'm afraid for what will happen to our son. There is no way I could ever leave him behind. Has anyone gone through this or know what can be done so I can take our son to America with me?
Quinny - 29-Jun-19 @ 4:35 PM
My partner and I live in Australia and his ex lives in the UK with both of their children. He left the relationship when his first child was 2 and his ex was pregnant with their 2nd child. He was denied access to see the kids and didn't get to see his 2nd child be born. He ended up having to leave the UK and it has now been over 4 years since he has seen his first child and last contact with the ex was 2 years ago. He is now going to make contact again with the ex to see if she will allow him to be part of their lives but if she doesn't then what issues is he facing? Given he hasn't been able to be part of their lives would the courts be against him? Also if given access would he be allowed to have them visit abroad sometimes?
Happy - 25-Jun-19 @ 4:05 AM
I’m a full time mum of a 19 month old little boy. The relationship between me and his father has been broken for over a year. He is on the birth certificate. We used to have a really good schedule arrangement when it came to him seeing his son on the weekend, sticking to pick up/drop off times. Recently he entered in a new relationship with a younger girl who he met in March may I add, and I’ve tried to negotiate with him about boundaries and the welfare our our son with meeting new people as he’s still rather young. I feel uncomfortable that he’s gone behind my back numerous of times and introduced this girl to my son without consulting me first. And now recently she’s been present when he picks up his son outside my house which I do not feel comfortable nor agree with. This has caused many arguments between us both and I need some advice on how to go about this correctly and maturely for the sake of my son as I suffer with depression & can get seriously ill due to stress. Thanks!
JayJay - 15-Jun-19 @ 3:12 PM
Hey I have a 7 months old baby boy. That I can’t get to have on my own. His mother wouldn’t let me take him for couple hours in the week. It’s very frustrating cause I can’t get to see my son. The only way I can see him is if I go around her house which is always packed with people family and not family. So I feel I can’t bond with him properly. What can I do
Shawn - 3-Jun-19 @ 1:18 PM
My Name is called Chrstina Douglas i am fighting a redunice custoday oder my ex boyfriend has taken my daughter away from since i was sixteen years of age i was 15teen when i was carry my daughter my ex family put me there Airde court still fighting my daugher now my daughter is now age8 comeing up age 9 in october could note coup when my daughter was a babey but now i can cope whit my daughter finding hard to understand my court cause back then my daughter was note aloued to stay whit me when my daughter was a babey at the time now i manghted to get over night stays ive onlay gote my daughter once a fornight now i nead advice to fight my daughter back my daughter stays cumberulad now i want may daugher back whit me. i dont know if dexla could infved my daughter life alsow whats whats best for my daughter now plesce some give me addivce on this
Douglas - 18-May-19 @ 7:32 PM
I have a 8 month old and her dad got in a relationship when I first found out I was pregnant he never helped out whe pregnant and since baby’s been born never held out now, he comes and see’s tribe baby for 19 minutes every week doesn’t pay child support and never had the baby overnight or on his own even though he has been asked if he wants to but he has no interest he is on the birth certificate . What should I do ?
Askingmum - 8-May-19 @ 10:02 AM
hi i am azam pasha, presently i am in india. i came to india in 2012 dec, and then again i appiled for for family visit to uk, but immigration people gave me banned for 10 years , since 2013 onwards i am in india, i have a daughter of 7 years old and my wife died on 20/04/2019, presently my daughter living in foster home, i want to see my daughter back please help me
azam - 27-Apr-19 @ 11:14 AM
I have a 7 month old I don't live with the father he is on birth certicate he has drug issues and there has been domestic violence towards me for which he received a caution there have other times when I've had to call police but not pressed charges I wish I had now as he wants shared custody he lives back with his parents not stopped his cannabis use but it has decreased I worry he will in a temper hurt the baby his parents go away at weekends I don't want him there alone with him he does stay there 2 nights social care say they don't feel it's now a safeguarding issue well I do he pays nothing towards him I know that's not a reason to prevent access but it's his drug use he smokes weed around baby albeit outside he doesn't declare his tax works cash in hand I don't want my son raised in a family that thinks benefits are the norm I do work I worry my son will be harmed physically by him but social care aren't bothered he was evicted from his last property for anti social behaviour and left the property in a filthy state covered in dog faeces I paid for the dog to be rehomed as he was cruel to him what do I do.
Rosypops - 25-Apr-19 @ 6:56 PM
COOKIES!!! On a serious note I have a rather complicated issue. I have a 2 year old with my ex girlfriend. We split up in March 2019 after she had an "episode" and I had to remove my son from the property as she was a danger to herself and to him. We still lived together and tried our best to get on as friends but she has been more interested in going out to drink or smoke. I work Mon-Fri and usually get home between 5.30pm and 6pm at which point she will go out if she has made plans (2-3 times per week). When she goes out she does not come back until 2, 3, 4 and most recently 5.30am. The most recent time she knew I had work and our son was getting dropped off in the morning after a weekend at his nans house. I am thinking about going for a majority custody as I believe she is irrisponsable and not capable of looking after herself let alon our 2 y/o son. I have the support of both my parents and her father & step mother whom due to her behaviour have cut off all contact with her such is the extent that she has manipulated and abused me over the years. I am currently sheltering at my parents house and she has been told that were staying there "for a while" and if she wants to see him she can go there but cant take him away. She has yet to do this. If this got messy - would on the basis that she has been abusive towards me and manipulative, she is mentally unstable with a history of self harming and hospital visits, proven she is irresponsible and he is not her priority, the fact I have support from both sets of parents. Would I get full legal custody if things got messy and we couldn't come to a joint agreement?
Cookie Monster - 23-Apr-19 @ 8:17 AM
What age do I decide to which parent I live with? I’m currently 13 and my mum is a drunken silly to behaved mother my dad on the other hand is mature and found someone and she is nice to me and her son (same age) is nice too,I want to live with my mum but she is very malipunative (Spelt wrong) and I don’t know what to do my dad Has called social services???
Worried child - 14-Apr-19 @ 6:30 PM
My son had a relationship with the mother of his child he pays maintance as expected the mother got in new relationship stopped acces to my son she was under child protection order last year now stopped because her relationships with men she not under order now.my son is deverstated she has stated new man is het new daddy won't let my son see his daughter.
Anne Thomas - 3-Apr-19 @ 9:53 PM
am from Africa . Worked for an airline, I was not allowed to have children, so I put my career first as I had to provide for my family. The when I was in the late 30s I made a very hasty decision. Met a man who ticked all the boxes. We have a very beautiful daughtervery very clever. He beat me up when I was pregnant changed locks bashed my phones Was in a refuge. When I came to ukI thought it was like maana from heaven. Now am trapped. I see my girl only on Saturday for 3 to 5 hrs.I have no family here My story is very complicated please help me somehow. Thank you
Zip - 19-Mar-19 @ 3:41 PM
Hi. I need some advice. I have been married for 3 years and had been having marital problems. My spouse is in the UK on a spouse visa as I am British. Over 4 weeks ago my wife left with my 2 year old toddler without telling me and hasnt returned. She had a non molestation order issued on an ex parte basis. She falsely alleged that I had abused her and assaulted her twice which are blatant lies. I went to court and could have contested the charges but instead signed an undertaking without accepting any of her claims and she did likewise. I havent seen my son in over 4 weeks and do not knowthe location of where he is and missing him like crazy. What can I do no in order to see my son again? Do I have to see a solicitor and apply for a child arrangements order? I am a low earner but own a house on a mortgage so cannot get legal aid.
Sub - 15-Mar-19 @ 3:24 PM
Hello. Me and my partner are going through a break up. I live in his house, drive his car and we recently began runnning a business together which he has majority sharehold in. He has bought another house for us to move into as we needed a bigger place so we should be moving soon. I had my son whilst at uni I then began my masters degree when he was 5 month old due to pressure. I also worked nights so I could look after my children during the day. I feel like I have nothing as all the finance comes mostly from him. I’m worried he’d take me to court and I’d loose my child as I don’t have much of an income.
Teetee - 10-Mar-19 @ 8:28 AM
Good afternoon. Me and my partner are spliting now and we have a little 3 konths pld baby. Both are on the borth certificate but he doesn’t care about the babay, never bought nothing for the little one. I would like to ask for full custody of him but I don’t know where to start... can someone guide me? Many thanks
Worried mum - 9-Mar-19 @ 2:28 PM
Hi me and my husband are together for nearly 10 years and married for 2 years. We have a beautiful boy, he is 2. I am only working part time when he is at home he is working full time. So argue every single day about everything sometimes over really silly things,and on the last fight he swore and made me a bad mom, anyway really bad with louds of bad words, and i said that I really want a divorce cause i am not raising my son like this. He threatened me and said that he will fight me in court and will take my child, because i only work part time and he is the only one providing for the family and so on. Since the beginning he didn’t help, he is old school thinking he is the man , works and brings the money and i am the mum and needs to do everything else. Anyway there are a lot to say but i am a bit scared what do i do. Honestly I don’t want to raise my son like this, andi belive he loves him but not enough to look after him. Please i need some help and advice how to go further. Thank you
Worried mum - 8-Mar-19 @ 12:03 AM
Hi, looking for help I've been with my partner for nearly eleven years and she had a child with another guy before we got together. I've been in her life before she was one and before her biological father wanted visitation rights. They went to court and it was decided they would meet at a neutral venue for him to see her once a week which then became he collected her once a day every week and has done so for the past nine years or so. Our daughter does not enjoy going to these visits anymore claiming they do nothing and finds it boring. He works and may even own a business if the rumours are to be believed but only contributes £5 a week to her. My daughter asks how long she has to keep going for every week.I'm basically asking at what age can the child decide she doesn't want to go to her fathers anymore.
James - 22-Jan-19 @ 12:01 AM
Hi I need some advice a good friend has been split for his ex for years now and they have an 11yr old son. His ex used to be a close friend too but over the years they've both have had numerous arguments court hearings over custody and she has said some very malicious stuff to their son about his dad. I know that things isn't true he suffers with mental health issues but he care for his mom has a full time job and is a decent man. It's killing him not seeing his son as courts previous as ruled that the mom as the final say over when he sees his son, she's blocked his calls refused to let him have their son when he went round previously. She is a good mom but I've witnessed her struggling in previous years she would dump their son with friends or family so she could get drunk go out partying or just cause she wanted time on her own with her new partner. She also as underlying mental health issues she told me her self over years she's felt like running off, suicidal and she has really dark thoughts. Her family get involved to much too and put stuff in the child's head. I would say it's emotional abuse I need advice for this child's dad he so badly wants to see his son and I know his son wants to see him but the mother is having none off it please help!
Worriedfriend - 21-Jan-19 @ 6:50 PM
Hi I need some advice a good friend has been split for his ex for years now and they have an 11yr old son. His ex used to be a close friend too but over the years they've both have had numerous arguments court hearings over custody and she has said some very malicious stuff to their son about his dad. I know that things isn't true he suffers with mental health issues but he care for his mom has a full time job and is a decent man. It's killing him not seeing his son as courts previous as ruled that the mom as the final say over when he sees his son, she's blocked his calls refused to let him have their son when he went round previously. She is a good mom but I've witnessed her struggling in previous years she would dump their son with friends or family so she could get drunk go out partying or just cause she wanted time on her own with her new partner. She also as underlying mental health issues she told me her self over years she's felt like running off, suicidal and she has really dark thoughts. Her family get involved to much too and put stuff in the child's head. I would say it's emotional abuse I need advice for this child's dad he so badly wants to see his son and I know his son wants to see him but the mother is having none off it please help!
Worriedfriend - 21-Jan-19 @ 6:50 PM
Hi, my partner has been going through the court process for the last 4years to see his son and it is now the 11th hearing due to mothers persistent breeches, she was committed 80hours unpaid work at the previous hearing but has continued to breech. The caffcass officer writing the report the next hearing has suggested to consider change of residency which we have been thinking about as it was found she is emotional abusive towards the child, however we have been searching for the application on gov but there is no form only child arrangements which is only to enforce the existing order, please can you advise how to do this or if the procedure has changed as we cannot find the information or link for the form anywhere
Sophie - 8-Jan-19 @ 1:32 AM
Me and my boyfriend have a 3 month old boy and both have parental responsibility for him. However I have recently found out that he plans to move to Canada. What is the best way to go about this with our son?
Paige/frankie - 26-Dec-18 @ 4:39 PM
I have two gorgeous little sisters both 6 andunder. My mother is and intermediate alcoholic and very verbally abusing. Swearing infront of little ones all the time. She has borderline personality disorder. My father isn’t much better but I’m sure that’s because she makes his life hell on purpose. I really want to take them away from all of that. I need to it’s killing me and I can’t imagine what it’s doing to them. My partner and I are about to rent our own house and I want to get another bedroom for them. I need to know what I have to do to get them with me and also how to avoid having them placed in foster care. I’m almost 20. I would love any advice. I really need some help.
Help - 23-Dec-18 @ 4:09 PM
My daughter hasn’t seen her father four several years now and I want to know where I stand if anything happens to myself? I want full custody of her any my sister to be her gardian if I was to ever pass away I don’t want her father to have her as she’s not got any relationship with her at all
Kate - 14-Dec-18 @ 8:50 PM
Never married the father of my disabled child, bent over backwards to cultivate and maintain his and my child's relationship for the last 7 years. For the first 6 I allowed him to stick to his controllingway of inconveniencingme with weekly visits he was rarely if ever on time for. This year I tried to give him the benefit of the doubt and allow him to have her over some days and weekends.2 of which I am convinced he was not on top of her care (did not give her rescue epilepsy medication on time and shut me out when I tried to intervene on a video call). Before that I noticed my child flinching each time she had been out with him after he had given her personal care (over leaning nether regions).Recently he sprayed his new alcohol and pheremone based spray on her skin and new jacket he had bought her.Dumped her with me, she nearly went into anaphylactic shock and seizures on that night. Even after telling him he did not follow up on her recovery. He has never initiated intervention or been involved in her basic care or appointments.Off late he has contacted involved professionals such as the school to insist on direct contact with him creating the impression I don't keep him updated.Over the years I have kept h updated and he has not shown up or prioritised the appointments etc. He seems to think that his payments of maintainance warrants his control of the co-parenting even though he has never pulled his weight. I want sole custody with supervised visits.I don't care about losing out on maintainance. I actually believe he is indifferent about the survival of my child as if she is an inconvenience to his life.I want my child to survive and have made practical sacrifices to ensure this happens.I am scared of her safety with him. HELP
Desperate SM - 5-Nov-18 @ 3:53 PM
Hi...me and my girlfriend have a baby boy of 3 months old, we were getting on so well but then all of a sudden we ended up breaking up. . As a father i want to have my son half the week because me my son and my girlfriend and her other son have been living in my house.....I am worried everyday going to work leaving my child at home as my girlfriend's son use to kick our dogs and trap them with his trike bike .We had to get rid of the dogs and then we tried have a little kitten but court him cutting the kittens fur off with scissors..(my girlfriend's son is 9 he should know better) when my girlfriend let her son hold our baby boy he got bored and kind of dropped him into her arms it was quite scary....the last one is the mother and her son and our baby boy went out in the car on a hot day and my girlfriend's son put a blanket on our baby boy and didnt say anything to the mother and by time she pulled over my baby boy was dripping with sweat..as she didnt know her son had done that so I'm scared of going to work.everyday not knowing whats going to happen.....my girlfriend and her son live in my house dont pay any money towards bills i pay for the whole house and I tried treating her son as my own....I even had to start banning her son from the xbox as he doesnt brush his teeth so I said if you dont brush your teeth you dont get treated.....where do i stand and what can i do because my girlfriend is saying she's leaving me and taking my baby boy and I'm scared because I dont trust her son ....thanks
Davey4 - 25-Oct-18 @ 7:50 AM
Hi...me and my girlfriend have a baby boy of 3 months old, we were getting on so well but then all of a sudden we ended up breaking up. . As a father i want to have my son half the week because me my son and my girlfriend and her other son have been living in my house.....I am worried everyday going to work leaving my child at home as my girlfriend's son use to kick our dogs and trap them with his trike bike .We had to get rid of the dogs and then we tried have a little kitten but court him cutting the kittens fur off with scissors..(my girlfriend's son is 9 he should know better) when my girlfriend let her son hold our baby boy he got bored and kind of dropped him into her arms it was quite scary....the last one is the mother and her son and our baby boy went out in the car on a hot day and my girlfriend's son put a blanket on our baby boy and didnt say anything to the mother and by time she pulled over my baby boy was dripping with sweat..as she didnt know her son had done that so I'm scared of going to work.everyday not knowing whats going to happen.....my girlfriend and her son live in my house dont pay any money towards bills i pay for the whole house and I tried treating her son as my own....I even had to start banning her son from the xbox as he doesnt brush his teeth so I said if you dont brush your teeth you dont get treated.....where do i stand and what can i do because my girlfriend is saying she's leaving me and taking my baby boy and I'm scared because I dont trust her son ....thanks
Davey4 - 24-Oct-18 @ 10:14 PM
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