What Is Sole Custody?

Although the term “sole custody” remains common in conversation, the Children Act 1989 replaced it with the Child Arrangements Order (CAO). A CAO sets out with whom a child “lives with” and “spends time with,” effectively covering what people once called residence and contact. Where the lives-with element is granted to one parent alone, most laypeople still speak of sole custody.

Grounds for Sole Custody in the UK

Courts presume that a child benefits from a meaningful relationship with both parents. A judge will consider granting sole guardianship only when that presumption is outweighed by clear welfare concerns, including:

Risk of harm – proven domestic abuse, neglect, substance misuse or chronic mental health issues.
Prolonged absence or disengagement – a parent who has failed, over a significant period, to maintain any relationship with the child.
Intractable conflict – relentless hostility between parents that is damaging the child emotionally.
Practical impossibility of shared care – for example, one parent relocating overseas with no realistic prospect of facilitating contact.

How to Obtain Sole Custody?

Mediation Information & Assessment Meeting (MIAM) – save for urgent or domestic-abuse cases, attendance (or evidence of exemption) is compulsory before issuing a C100 application.
Issuing Form C100 – the applicant submits a special Form to the Family Court and pays a fee.
Safeguarding Checks – CAFCASS consults the police and local authority, then produces a safeguarding letter for the first hearing.
FHDRA – at the First Hearing Dispute Resolution Appointment the judge explores settlement; interim orders may be made.
Directions – statements, expert evidence and a CAFCASS report may be timetabled.
Final Hearing – each party gives evidence. The judge applies the welfare checklist and decides whether sole residence is in the child’s best interests.
Sealed Child Arrangements Order – once the order is drawn, any breach can lead to enforcement (unpaid work, fines or, in extreme cases, committal).

Parental Rights with Sole Custody of a Child

Parental responsibility usually remains joint Even when a child lives exclusively with one parent. This means both parents – unless parental responsibility has been removed by order or adoption – retain the right to:

Consent to medical treatment.
Choose or change the child’s school.
Apply for or object to a passport.
Be consulted on faith, name changes and major relocations.

However, day-to-day decisions (diet, bedtime, routine medical appointments) rest with the parent holding the lives-with element of the CAO. If the non-resident parent persistently blocks important decisions, the court can make a specific-issue order (to authorise a passport, for instance) or a prohibited-steps order (to stop removal from the jurisdiction).

Can a Father Have Full Custody?

Yes. UK family law is gender-neutral. Fathers, mothers and non-binary parents stand on equal footing. What matters is the child’s welfare, not the parent’s gender. Courts regularly award sole residence to fathers where the evidence supports it, such as:

The mother poses a proven risk of harm or is chronically unable to care.
The father has been the primary carer for a sustained period.
Older children express a clear, consistent wish to live with their father.

Fathers seeking full legal custody must prepare the same high-quality evidence as any applicant: witness statements, school or medical letters, and, where appropriate, expert assessments.

What is the Difference Between Sole Custody and Sole Parental Responsibility?

Sole custody (sole residence) concerns where the child lives. Parental responsibility involves legal duties and decision-making. One parent can have sole residence while both retain parental responsibility.

How long does the process take?

A straightforward, uncontested application may conclude within six months. Complex matters – especially those involving safeguarding allegations – can exceed a year.

Can an Order be Changed Later?

Yes. If circumstances change materially, either parent can apply to vary a Child Arrangements Order. The court will revisit the welfare checklist.

How Sterling Law Can Help?

Seeking sole residence for your child can feel overwhelming, but our dedicated family team makes the journey clear and manageable. At Sterling Law, your case is handled by a seasoned custody family lawyer and attorneys, like Dafina Morina, who practise solely in children and divorce work. We move swiftly to assess the facts, secure the decisive evidence and craft a strategy that balances robust advocacy with your child’s welfare at its heart.

Parenting disputes rarely stand alone, so we are also equipped to negotiate or litigate the financial side of separation, from clean-break agreements to complex asset division. Call us or use the enquiry form below for a confidential initial consultation.