UKHow is child custody decided after separation?
Child custody (now called 'child arrangements') in the UK is decided based on the child’s welfare as the court’s paramount concern, following the welfare checklist in the Children Act 1989.
What the Law Says
The law in England and Wales does not use the term 'custody'. Instead, it focuses on 'child arrangements' — who the child lives with, spends time with, and how decisions about their upbringing are made. The guiding principle is set out in the Children Act 1989.
Under the Children Act 1989, the child’s welfare is the court’s 'paramount consideration' when making any decision about their upbringing. This means no other factor — such as a parent’s wishes, gender, or past conduct (unless it affects welfare) — outweighs what is best for the child.
The court uses a 'welfare checklist' (set out in section 1(3) of the Act, though not quoted here) to assess factors including the child’s wishes and feelings, physical and emotional needs, likely effect of change, age, background, and harm risk. However, the core legal standard comes from section 1(1).
There is no presumption that a child should live with one parent over another — nor any automatic right for either parent. Shared living arrangements are possible but depend entirely on what suits the child’s welfare.
Statutory TextWhen a court determines any question with respect to... the upbringing of a child, the child's welfare shall be the court's paramount consideration.
— Children Act 1989, s. 1(1) — Welfare of the child
What to Do
Try to agree child arrangements with the other parent — through discussion, mediation, or a parenting plan.
If agreement isn’t possible, consider family mediation (a legal requirement before applying to court in most cases).
If court action is needed, file a C100 application for a Child Arrangements Order.
Prepare evidence focused on your child’s welfare — routines, schooling, emotional ties, and their expressed views (if age-appropriate).
Attend all hearings and follow court directions — judges prioritise stability, consistency, and the child’s voice.
Sources
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South KoreaNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.