Who gets custody in a divorce in the UK?
England and Wales no longer use the word custody. The law talks about child arrangements: who a child lives with and how they spend time with each parent. There is no automatic preference for either parent, and most families agree arrangements without a court deciding.
CalmSplit explains the current terminology, handles your divorce for a one-off £159, and offers a separate £95 service for a written parenting plan or a Form C100 application.
- Custody and access were replaced by child arrangements
- Both parents usually keep parental responsibility after divorce
- The child's welfare is the court's paramount consideration
One-off CalmSplit fee. HMCTS court fees are paid separately to the court.
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See child arrangements (£95)See how it worksThe words that replaced custody
- Lives with: where the child mainly lives
- Spends time with: contact with the other parent
- Parental responsibility: the right and duty to make decisions about the child
- Child arrangements order: a court order used when parents cannot agree
What a court considers if it has to decide
The child's welfare comes first. A court looks at the child's needs and wishes according to age and understanding, the effect of any change, any risk of harm, and each parent's capability. Shared arrangements are common, but there is no fixed formula.
Divorce is decided separately
Nothing about arrangements for children affects your ability to divorce. You can start and complete the divorce whether or not the children's arrangements are settled.