Unsure whether seeking sole custody is the right move for your family? Following a divorce or separation, coming to an amicable agreement with your former partner can be a challenge – especially when it regards the sensitive topic of caring for your children.
Fortunately, the team of experienced solicitors at Freeman Jones can help you determine whether obtaining sole custody of your child is something you should consider.
What is sole custody in the UK?
Sole custody is simply a type of child arrangement where just one parent is responsible for raising the child and making important decisions about their life. Despite the terms sole custody and full custody often being used interchangeably, there are some small differences between them.
Namely, sole custody means the other parent typically isn’t involved in the child’s life at all. Those with full custody, however, may still permit the other parent to spend time with their child. As a result, sole custody rights differ to those of full custody child arrangements.
Can I get sole custody of my child?
Searching for a clear answer to ‘how can I get sole custody’? There are actually various grounds for sole custody in the UK that must be met in order for the court to grant one parent sole custody. This is because courts prefer both parents to play a role in raising the children whenever possible.
However, they will always act in the best interests of the child, so if serious, valid concerns about the child’s wellbeing or safety are raised, they must act accordingly. When determining whether sole custody should be granted, the court will look at the:
Potential harm to the child
Any harm that the child may have suffered or is at risk of suffering will be crucial for determining whether sole custody should be awarded. The court will look at the likely impact this change in circumstance would have on the child as well as the record of the parents.
A criminal record or history of child abuse, neglect, or domestic violence will all be grounds to give the other parent sole custody of the child.
Child’s needs
Children have physical, emotional, and educational needs that must be met to ensure their safety and wellbeing. If one parent is incapable of meeting these needs for any reason, whether it’s due to physical or mental sickness or financial instability, the other parent is more likely to be awarded sole custody.
Child and their preferences
The wants and feelings of the child will always be considered when making any kind of custody decision. To do this, however, the child’s age, understanding, and maturity must all be taken into account.
Pros and cons of sole custody
As with any kind of child arrangement, there are both pros and cons to obtaining sole custody of your child.
Pros
- Provides more stability for the children
- Making major decisions as one parent is easier
- Fewer disagreements between parents about how to raise the child
- Protects the child if the other parent is incapable of making decisions
Cons
- Can be discouraging for the parent that is not awarded sole custody
- Making childcare decisions alone may be overwhelming for one parent
- Parent without custody could withdraw from children, feel resentment, or create more conflict
- Child may miss the relationship with their other parent
How do I get sole custody?
If you want sole custody of your child, but the other parent doesn’t agree with this, then you’ll typically need to acquire a legally binding Child Arrangements Order (CAO) which specifies this arrangement. To obtain this CAO, you’ll need to provide proof to the court that sole custody would be the most beneficial for the child.
How do I apply for sole custody of my child?
You can apply for sole custody of your child by simply heading online to fill out the relevant family court form. Please bear in mind, however, that you will need to have attended a Mediation Information Assessment Meeting (MIAM) first, unless you’re exempt.
An experienced child custody solicitor, like Freeman Jones Solicitors, can help you with both mediation services as well as applying for a CAO. No matter what kind of legal support you require, please don’t hesitate to contact our friendly and professional team to learn more about how we can help.
Our child arrangement services
Unfortunately, there’s no easy route to separating or divorcing, but with the right support, you can make parting ways less stressful and upsetting for all parties – especially the children.
Here at Freeman Jones Solicitors, we take an understanding and professional approach to helping former spouses and couples create custody arrangements that put the best interests of their children first.
We can provide professional legal support on a variety of pertinent subjects including parental responsibility, Child Residence Orders, Child Contact Orders, and, if necessary, court proceedings.
To find out more about our range of family law services or to receive tailored legal advice from our knowledgeable team, simply give us a call on 01244 506 444.
Alternatively, you can also send your enquiry via email to info@fjsolicitors.co.uk or fill in and submit our online contact form. However you decide to get in touch, we hope to hear from you soon.
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Grounds for full custody of a child
