When parents separate or divorce, one of the most important questions concerns who the child will live with. Formerly known as “sole custody,” the legal system in England and Wales now refers to this arrangement as a child living under a “lives with” order. Below, we outline the process and key considerations if you’re seeking sole custody of a child.

What is Sole Custody?

Sole custody means one parent assumes full legal responsibility and control over a child’s care and upbringing. In modern legal terms, this typically corresponds to securing a “lives with” Child Arrangements Order, indicating the parent with whom the child primarily resides.

A Shift in Terminology

• Old terms: “Sole Custody” and “Joint Custody”
• New terms: Child Arrangements Orders, specifically “lives with” or “spends time with” provisions

“Lives With” Child Arrangements Order

A “lives with” Child Arrangements Order sets out where a child lives and names the primary carer. While commonly issued after divorce or separation, these orders can also apply to other family members (e.g., step-parents or grandparents) if they become the main guardian.

Why “Parental Responsibility” Matters

Parental responsibility is central to any decision about where a child lives, including:

• Responsibility for the child’s wellbeing
• Authority to make decisions about education, healthcare, and daily life

How to Apply for Sole Custody

1. Mediation

Before applying to court, you must usually attend a Mediation Information and Assessment Meeting (MIAM). This helps determine if mediation could resolve the dispute without court intervention.

2. Court Application

If mediation fails or there are serious safeguarding concerns (e.g., violence or abuse), the next step is applying to the Family Court for a Child Arrangements Order.

• C100 Form: Outlines why you want sole custody and your proposed arrangements.
• C1A Form: If allegations of harm or abuse are involved, provide details of concerning behaviour.

3. Court Hearings

The court will review your application and schedule one or more hearings. You’ll need to show that sole custody is in the child’s best interests, highlighting factors such as:

• Your ability to provide stable, nurturing care
• The child’s current needs, routines, and attachments
• Any evidence of potential risk from the other parent, if applicable

What Happens After Applying?

If the court grants a “lives with” Child Arrangements Order in your favour, you become the primary carer. The other parent may still be entitled to contact, which could range from regular visits to supervised arrangements or indirect communication via letters and calls, depending on the circumstances and the child’s welfare.

Support from HM & Co. Solicitors

Seeking sole custody can be emotionally challenging—especially if the situation involves disagreements, safeguarding issues, or complex family dynamics. At HM & Co. Solicitors, our child law experts:

• Guide you through each step of the application process
• Offer empathetic, professional advice tailored to your circumstances
• Represent your interests in court if required, focusing on the best outcome for you and your child

Need Further Advice?
For more information on Child Arrangements Orders, sole custody, or any related family law matter, contact HM & Co. Solicitors:

HM & Co. Solicitors
186 Lower Road, Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

We’re here to ensure that you and your child receive clear, expert support and that your child’s welfare remains the top priority.