When families in the UK go through separation or divorce, one of the most important issues they must navigate is child arrangements. Although the UK no longer officially uses terms like “custody” and “access,” many people still refer to legal custody and physical custody when talking about their rights and responsibilities as parents.
In modern UK family law, these concepts are reflected in Parental Responsibility, Child Arrangements Orders, and living/contact arrangements. Understanding how these terms relate to the older idea of custody can make the process clearer and less overwhelming.
This guide breaks down the difference between legal custody and physical custody—using the UK’s current legal terminology—and explains how decisions are made in the best interests of the child.
What Is Legal Custody in UK Terms? (Parental Responsibility)
What many people call legal custody in other countries is known as Parental Responsibility (PR) in the UK.
What Does Parental Responsibility Mean?
Parental Responsibility gives a parent the legal authority to make important decisions about the child’s:
- Education
- Medical treatment
- Religion and upbringing
- Name changes
- Travel abroad
- Long-term welfare decisions
Most mothers automatically have PR. Fathers usually have it if they were married to the mother or if they are named on the birth certificate (after 1 December 2003 in England and Wales).
Can Both Parents Have Parental Responsibility?
Yes. In the UK, it’s common for both parents to share PR, even if the child lives primarily with one parent.
A parent can apply for PR through:
- A Parental Responsibility Agreement, or
- A court order
Do Day-to-Day Parenting Issues Require Shared Decisions?
No. Minor daily decisions (bedtimes, meals, routines) are made by whichever parent the child is with at the time. PR only covers major matters.
What Is Physical Custody in UK Terms? (Child Arrangements)
Where other countries use the term physical custody, the UK uses Child Arrangements Orders (CAOs) or informal agreements to describe:
- Where the child lives, and
- How and when the child spends time with each parent
A Child Arrangements Order can specify:
1. “Live With” Arrangements
This is the closest equivalent to physical custody. A child may “live with”:
- One parent (primary residence), or
- Both parents (shared living arrangement)
Shared living arrangements do not have to be 50/50. A child might spend weekdays with one parent and weekends with the other, or any pattern that meets their needs.
2. “Spend Time With” Arrangements
This covers the time a child spends with the other parent and may include:
- Weekends
- Overnight stays
- School holidays
- Midweek visits
- Virtual contact (video calls, messages)
These arrangements can be agreed privately or set out in a CAO if parents cannot agree.
Legal Custody vs. Physical Custody: The UK-Specific Breakdown
Although the UK uses different terminology, the underlying ideas are similar:
Traditional Term | UK Equivalent | Meaning |
Legal Custody | Parental Responsibility | Decision-making about major aspects of a child’s life |
Physical Custody | Child lives with (under a Child Arrangements Order) | Where the child lives day-to-day |
Visitation / Access | “Spend time with” arrangements | Contact with the non-resident parent |
How Do UK Courts Decide Who a Child Lives With?
Courts in England & Wales always follow the welfare of the child as the top priority. This includes:
- The child’s wishes (depending on age/maturity)
- The child’s physical, emotional, and educational needs
- Stability of home environments
- The ability of each parent to meet the child’s needs
- Any history of domestic abuse or safeguarding concerns
- The impact of changing the child’s routine
Courts prefer parents to reach agreements themselves, often using mediation before a case goes to a judge.
Common Misconceptions in the UK
1. “Mothers always get custody.”
Not true. There is no legal bias toward mothers. Decisions are based on the child’s best interests.
2. “Shared living must be 50/50.”
Incorrect. Shared living simply means the child spends meaningful time with both parents.
3. “Only the parent the child lives with has Parental Responsibility.”
False. Many children live primarily with one parent while both parents share PR.
While the UK no longer uses the terms “legal custody” and “physical custody,” the concepts still exist in modern child law through Parental Responsibility and Child Arrangements Orders. Legal custody refers to decision-making rights, while physical custody relates to where the child lives and how time is shared.
For separating parents, understanding these differences can make the process clearer, reduce conflict, and help keep the focus where it belongs—on the child’s wellbeing.