Plain-English guide
Child custody vs Child Arrangements Orders
Almost every separated parent searches for “child custody”. The Family Court in England & Wales stopped using that word decades ago. Here is what the court actually calls it, and what that means for you.
“Custody” is not a legal term any more
The Children Act 1989 replaced “custody” and “access” with “residence” and “contact”. In April 2014 those two were merged into a single order: the Child Arrangements Order.
So when people say “I want custody”, what they are asking the court for is an order stating who the child lives with and who the child spends time with. Nobody is awarded ownership of a child, and there is no default winner.
The old words and what they are now
| What people say | What the court says |
|---|---|
| Custody | Who the child lives with (Child Arrangements Order) |
| Access / visitation | Who the child spends time with |
| Joint custody | A shared lives-with arrangement |
| Custody battle | Child Arrangements proceedings (C100 application) |
| Custody hearing | First Hearing Dispute Resolution Appointment (FHDRA) |
What the court is actually deciding
The court’s only guide is the child’s welfare, measured against the welfare checklist: the child’s wishes and feelings, their physical, emotional and educational needs, the likely effect of any change, any risk of harm, and how capable each parent is of meeting those needs.
It is not a contest between parents, and it is not decided on who earns more or who left. Parents who argue their case in child-focused terms consistently do better than parents who argue about each other.
Parental responsibility is separate from all of this. You can hold parental responsibility whether or not the child lives with you.
How the process runs
- 1. MIAM (mediation). Required before applying, unless an exemption applies. Read the mediation guide.
- 2. The C100 application. The form that starts Child Arrangements proceedings. Read the C100 walkthrough.
- 3. CAFCASS safeguarding. Checks and a phone call before the first hearing. Read the CAFCASS guide.
- 4. Position statement. Your written case for the judge. Read the statement guide.
- 5. The First Hearing (FHDRA). Read the hearing guide.
If your dispute is about one specific decision — schooling, relocation, medical treatment — you may need a Specific Issue or Prohibited Steps Order instead.
Start where you actually are
Five steps from separation to the First Hearing, written for parents representing themselves.
See the 5 stepsGeneral information & mentoring — not legal advice.