Supreme Court Divorce Ruling: What Assets Must Be Shared?

Who Is More Likely To Get Child Custody – The Mother Or the Father?

Who Is More Likely To Get Child Custody – The Mother Or the Father?

What Parents In Cheshire Need To Know


One of the most common questions separating parents ask is:
“Who is more likely to get custody of our children – the mother or the father?”

Who is more likely to get child custody in the UK?

In England and Wales, courts do not favour mothers or fathers automatically. Decisions are based on the child’s best interests, including stability, parental involvement and safeguarding concerns. Fathers can and do obtain full or shared custody where appropriate.

Understanding how courts assess child arrangements, what affects the percentage of fathers who get full custody in the UK, and how to avoid common pitfalls can make a significant difference to your case.

How Courts in England Decide Custody (Child Arrangements)

Since the Children Act 1989, courts do not use the terms “custody” or “access”. Instead, they make Child Arrangements Orders, which determine:

  • Where a child will live (residence)
  • How much time they spend with each parent (contact)

The court’s primary concern is the welfare of the child, often referred to as the “welfare principle”.

When deciding what is best for the child, judges consider:

  • The child’s physical, emotional, and educational needs
  • The likely impact of any changes to their living arrangements
  • Each parent’s ability to meet the child’s needs
  • The wishes and feelings of the child (depending on age and maturity)
  • Any history of domestic abuse or safeguarding concerns

These factors play a central role in cases involving grounds for full custody of a child in the UK, and in situations where a parent may be denied joint care.

What Percentage of Fathers Get Full Custody in the UK?

There is no fixed percentage guaranteed each year, but research shows that fathers do obtain full custody, particularly where they have been the primary caregiver or where there are concerns about the mother’s ability to meet the child’s needs.

While mothers are statistically more likely to be the main residential parent, courts increasingly recognise the value of shared care, meaning that the percentage of fathers getting full custody in the UK has gradually risen over the past decade—especially when the father presents strong evidence of stability, involvement, and parental capability.

Do Mothers Still Have an Advantage?

In practice, mothers still more commonly become the primary residential parent. However, this is usually due to practical factors, not legal bias. Courts look at:

  • Who has historically been the main caregiver
  • Stability of each parent's home and work routine
  • Existing bonds and daily routines

These factors can influence decisions, but they do not prevent fathers from securing full residence where appropriate.

How Can a Father Get Full Custody in the UK?

Fathers can and do secure full custody when it is in the child's best interests. Courts in Cheshire and across the UK look favourably on fathers who can demonstrate:

  • Consistent involvement in day-to-day parenting
  • A stable home environment
  • Good communication skills
  • A willingness to support the child’s relationship with the other parent
  • The ability to meet emotional, educational and practical needs

A well-prepared father with strong supporting evidence has every opportunity to obtain full custody.

If you’re unsure how strong your case is, speaking with a child arrangement solicitor or specialist child law solicitor early is extremely important.

Grounds for Full Custody of a Child in the UK

Courts may grant one parent full custody (residence) where:

  • The other parent cannot meet the child’s needs consistently
  • There are safeguarding concerns, such as domestic abuse, substance misuse, or neglect
  • There is significant conflict that affects the child’s wellbeing
  • One parent has been the primary caregiver and continuity is essential

These are the main grounds for full custody of a child in the UK, and the court will consider them carefully before making its decision.

Common Reasons a Parent May Not Get Joint Custody in the UK

Shared care is increasingly common, but not always suitable. Reasons for a parent not getting joint custody in the UK often include:

  • Serious safeguarding concerns
  • High conflict that makes communication impossible
  • Inconsistent involvement in the child’s day-to-day life
  • Unstable housing or work patterns
  • Attempts to alienate the child from the other parent
  • Failure to put the child’s needs first

Courts prioritise the child’s stability over parental preference.

Practical Tips for Strengthening Your Custody Case

Whether you are a mother or father, the following steps can help your case:

  • Focus on the child’s wellbeing, not disputes with your ex
  • Keep detailed records of your involvement (school runs, activities, appointments, financial support)
  • Engage with mediation where possible. Courts prefer when parents have tried to come to arrangements between themselves first, before involving the cour.
  • Avoid hostile messages or social media posts – judges examine behaviour carefully
  • Get early legal advice from experienced child law solicitors

Even small decisions made at the start of separation can affect the outcome later.

Common Myths About Child Custody in England

  • “Mothers always win custody”
    Not true. The law has no automatic preference.
  • “Fathers have no rights”
    Incorrect. Fathers with parental responsibility have equal standing in court.
  • The court decides everything”
    Many families agree arrangements through mediation or solicitor negotiation without ever going to court.

Final Thoughts

Modern family law child custody decisions are based on the child’s best interests—not assumptions about gender. The real question is not “Who will win custody?” but “What arrangement helps the child thrive?”

If you live in Northwich, Chester or anywhere in Cheshire and need advice, early guidance from an experienced child arrangement solicitor can make all the difference.

Need advice about child custody or child arrangements in Cheshire?

Our experienced child law solicitors can explain your rights, help you understand your options and support you in working toward the best possible outcome for you and your child. For tailored guidance, it’s always best to speak with a solicitor who specialises specifically in family law child custody and child arrangements.

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