Child Custody Rights & Arrangements Explained

Summary

Child custody is a legal term that describes who is responsible for a child after divorce, annulment, separation, or adoption. Following the United Nations Convention on the Rights of the Child, words like ‘custody’ aren’t really used anymore because of their associations with ownership. Instead, words like ‘residency’ or ‘child arrangements’ are more commonly used. The UK family court process puts a big emphasis on what's best for the children when it comes to child arrangements and custody agreements. That is why they prefer families to pursue other avenues other than going to court, such as family mediation, to help both parties come to a mutual agreement that's in a child's best interest. Commonly, parents choose to opt for joint custody (or residency). Joint residency means the child spends equal time with each parent and each parent has equal say in decisions that affect the child. Sometimes, however, parents or guardians can’t agree on where their child lives, or who should be responsible for decisions about their care. In these situations, a parent or guardian can apply for a Child Arrangement Order, where the court's make a decision with the children's best interests and.

Key information

• •The child's wishes and feelings, taking into account their age and understanding.
• •The child's physical, emotional, and educational needs.
• •The likely effect of any changes in their circumstances.
• •Child custody is a legal term that describes who is responsible for a child after divorce, annulment, separation, or adoption. Following the United Nations Convention on the Rights of the Child, words like ‘custody’ aren’t really used anymore because of their associations with ownership. Instead, words like ‘residency’ or ‘child arrangements’ are more commonly used.
• •The UK family court process puts a big emphasis on what's best for the children when it comes to child arrangements and custody agreements. That is why they prefer families to pursue other avenues other than going to court, such as family mediation, to help both parties come to a mutual agreement that's in a child's best interest.
• •Commonly, parents choose to opt for joint custody (or residency). Joint residency means the child spends equal time with each parent and each parent has equal say in decisions that affect the child.
• •Sometimes, however, parents or guardians can’t agree on where their child lives, or who should be responsible for decisions about their care. In these situations, a parent or guardian can apply for a Child Arrangement Order, where the court's make a decision with the children's best interests and other factors in mind.
• •There are four different types of child custody arrangements:
• •* Physical Custody * Legal Custody * Full Custody * Joint Custody
• •Physical custody (more commonly known as residency now) is where a child lives for the majority of the time. Child arrangement orders will decide who a child lives with.
• •Sole residency or sole physical custody means a child will live with one parent only. This does not mean that the child is not allowed to see the other parent or guardian. Nor does it mean that one parent has no say in decisions made regarding the child's welfare or needs.
• •Joint residency means the child spends equal time living with both parents/guardians.

Practical guidance

• •Source: [Child Custody Rights & Arrangements Explained](https://lawhive.co.uk/knowledge-hub/family/child-custody-rights-and-arrangements)

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