Child Custody Arrangements in the UK: What Parents Need to Know in 2026

If you’re searching for information on “child custody” in the UK, the first thing worth knowing is that the term itself is out of date. Courts in England and Wales stopped using “custody” over a decade ago. Today, what happens to children when parents separate is governed by child arrangements orders but the underlying questions parents have are exactly the same: Who will my child live with? How much time will the other parent get? Do I need to go to court at all?

This guide walks through how the system actually works in 2026, including a significant law change currently moving through Parliament that could affect how future cases are decided. If you’re just starting to think about separation more broadly, our guide to divorce and separation is a useful starting point, and our family law solicitors can advise on how the two processes fit together.

“Custody” Doesn’t Exist in English Law Anymore

Since the Children and Families Act 2014 came into force, the old language of custody, residence orders and contact orders was replaced with a single type of order: the child arrangements order (CAO), made under Section 8 of the Children Act 1989. 

A CAO sets out:

• who a child lives with (previously “residence”)
• who a child spends time with, and how (previously “contact”)

This change was designed to move away from the idea of parents “winning” or “losing” a child, and to focus instead on practical arrangements built around the child’s welfare.

Parental Responsibility Is Not the Same as “Custody”

A separate concept, parental responsibility (PR), often causes confusion. Under Section 3(1) of the Children Act 1989, parental responsibility is defined as all the rights, duties, powers and responsibilities a parent has in relation to a child, such as decisions about education, healthcare, religion and general upbringing. GOV.UK’s guidance on parental rights and responsibilities sets out who holds PR and how it can be acquired.

A few key points:

• A child’s birth mother automatically has parental responsibility from birth.
• A father has parental responsibility automatically if he was married to the mother at the time of birth, or if he is named on the birth certificate (for births registered after 1 December 2003).
• Unmarried fathers not on the birth certificate can acquire PR by agreement with the mother, by court order, or by being named in a child arrangements order as someone the child lives with.
• Step-parents can acquire parental responsibility by agreement or court order, but do not get it automatically through marriage alone.

Having parental responsibility does not, by itself, determine where a child lives day to day. That’s a separate matter dealt with through a child arrangements order if parents can’t agree it themselves.

There Is No “Default” Outcome -and No Automatic 50/50

A common misconception is that mothers are automatically favoured, or that there’s a legal starting point of a 50/50 split. Neither is true. English law has no legal preference for either parent based on gender, and there’s no automatic entitlement to equal time.

What the court currently applies currently is the welfare checklist under Section 1 of the Children Act 1989, alongside the presumption of parental involvement, which directs the court to assume, unless there’s evidence it would put the child at risk, that a child’s welfare is best served by continued involvement of both parents in their life. Our children and parenting team advises on exactly how these factors tend to apply in practice. The welfare checklist requires the court to consider factors including:

• The child’s own wishes and feelings, given their age and understanding
• Their physical, emotional and educational needs
• The likely effect of any change in circumstances
• The child’s age, sex, background and relevant characteristics
• Any harm the child has suffered or is at risk of suffering
• How capable each parent (and any other relevant person) is of meeting the child’s needs
• The range of orders available to the court

The child’s welfare is always the court’s paramount consideration.

A Major Change Is Coming: The Presumption of Parental Involvement Is Being Repealed

This is worth flagging specifically for anyone researching this topic in 2026, because a lot of older content online is now out of date on this point.

The government is repealing the presumption of parental involvement through the Courts and Tribunals Bill, which was introduced to the House of Commons in early 2026 and, as of mid-2026, has passed its Commons stages and is progressing toward the House of Lords. 

You can follow its live progress on the UK Parliament bill tracker. The change follows a series of high-profile cases in which contact was ordered despite evidence of domestic abuse, and is intended to ensure decisions are made on the specific evidence of risk in each case, rather than starting from a built-in assumption that involvement from both parents is in the child’s best interests.

Two things are important to understand about this:

1. The bill has not yet received Royal Assent. Until it does, the existing presumption continues to apply, and courts are deciding current cases under the current law.
2. It will not reopen existing orders. If and when the change takes effect, it will impact how future decisions are made but it won’t automatically alter arrangements you already have in place.

If your case is likely to proceed to court, it’s worth taking advice on how this change might affect timing or strategy, particularly if domestic abuse or safeguarding concerns are relevant to your circumstances.

Do You Have to Go to Court?

No and in most cases, the court expects you not to, at least not as a first step. Most separating parents agree arrangements between themselves, or reach agreement through mediation, without ever making a court application.

Before applying to court, you are generally required to attend a Mediation Information and Assessment Meeting (MIAM). This isn’t a box-ticking exercise but a legal requirement under the Family Procedure Rules, and it’s designed to establish whether mediation could resolve the dispute without the cost, delay and stress of court proceedings. Exemptions apply in certain circumstances, including where there’s evidence of domestic abuse or safeguarding risk to the child.

If mediation isn’t suitable or doesn’t resolve things, the next step is applying to the Family Court using Form C100. 

What Happens If You Do Go to Court

Once an application is made, the court will typically:

• List a First Hearing Dispute Resolution Appointment (FHDRA), where the court and Cafcass (Children and Family Court Advisory and Support Service) try to help parents reach agreement
• Involve Cafcass to carry out safeguarding checks, and where needed, prepare a Section 7 welfare report setting out recommendations based on the child’s circumstances
• Hold further hearings if agreement isn’t reached, potentially including a final contested hearing where a judge decides the arrangements

Court proceedings over child arrangements can take months, particularly where there are safeguarding concerns requiring fact-finding hearings. This is one of the main reasons courts push parents toward mediation and out-of-court agreement wherever it’s safe and appropriate to do so.

Moving Abroad or Relocating With Your Child

If there’s a child arrangements order specifying who the child lives with, that parent can generally take the child abroad for up to one month without needing the other parent’s consent, unless the order says otherwise, under Section 13(2) of the Children Act 1989. 

Anything longer than that, or a permanent relocation, requires either the consent of everyone with parental responsibility or the court’s permission. Taking a child abroad without the required consent can amount to child abduction constituting a criminal offence, not just a civil dispute, so this is an area where it’s worth getting advice before making any plans. GOV.UK also has guidance on taking a child abroad after separation.

How Long Does a Child Arrangements Order Last?

A child arrangements order generally remains in force until the child turns 16, unless the order specifies otherwise or is varied by the court. In exceptional circumstances the court can extend an order to age 18.

Child Maintenance Is a Separate Process

Financial support for a child is dealt with separately from arrangements about where they live and who they spend time with. In most cases, this is handled through the Child Maintenance Service (CMS) rather than the family court, and the two processes run independently of each other. If broader financial matters are also part of your separation, our financial remedy proceedings page explains how those are dealt with on divorce.

Getting Advice Early

Every family’s circumstances are different, and the law in this area, particularly around the presumption of parental involvement, is genuinely in a state of change this year. Whether you’re trying to reach an agreement without going near a courtroom, or you’re already facing a contested application, getting clear, current advice early tends to make the process shorter, less stressful, and more likely to produce an arrangement that actually works for your child.

Tower Bridge Legal’s family law team advises parents across Birmingham and London on child arrangements, parental responsibility and related family law matters. If you’d like to discuss your situation, get in touch to arrange a consultation.

This article is for general information only and does not constitute legal advice. Family law changes frequently and individual circumstances vary. Please contact Tower Bridge Legal for advice specific to your situation.