Can I get full "custody" as a mother?

When relationships break down, one of the most pressing concerns for mothers is whether they can obtain full custody of their children. In England and Wales, the term “custody” is no longer used legally, but many parents still use it to describe full care and control of a child. The modern legal equivalent is a child arrangements order stating that the child lives with one parent.

The court’s starting point is always that it is usually in a child’s best interests to have a meaningful relationship with both parents. This does not mean the time must be split equally, but it does mean the court will consider whether shared care is appropriate. For a mother to obtain full custody, she must demonstrate that it is better for the child to live primarily with her. This could be due to practical reasons, such as being the primary carer since birth, providing greater stability, or having stronger support networks.

In situations where there are concerns about the father’s ability to provide safe care, the mother may also seek full custody. This could be due to issues such as domestic abuse, substance misuse, neglect, or inconsistent involvement. The court will carefully weigh any evidence presented, including reports from social services, police involvement, or statements from schools and healthcare providers. The child’s welfare is the paramount consideration, and the court will only award full custody to one parent if it is satisfied this is best for the child.

Mothers can apply for a child arrangements order by completing the relevant court forms and paying the court fee, currently £263. Before making the application, they must usually attend a Mediation Information and Assessment Meeting unless there are safeguarding concerns.

At the hearing, the judge will consider the evidence and may order reports from Cafcass, the Children and Family Court Advisory and Support Service, which provides independent recommendations about what is in the child’s best interests.

It is important to remember that even if a mother is granted full custody, the father usually retains parental responsibility if he already has it. This means he still has a say in major decisions about the child’s life, even if the child lives full-time with the mother. However, the court can limit or regulate this involvement through additional orders if necessary.

Obtaining full custody can be a complex and emotional process, but mothers should not feel discouraged. If you are the primary carer and believe that your child’s welfare is best served by living with you, the law provides a clear pathway to secure this arrangement. With careful preparation, strong evidence, and the right legal advice, mothers can successfully apply for full custody and ensure their child’s future stability.

Our family solicitors can guide you through the process, represent your interests in court, and help you achieve the best outcome for your child.