One of the most common questions our clients, especially fathers, ask during or after separation is: “Do dads get 50/50 custody?” It is a fair question, as many wrongly perceive the legal system (Family Law) to favour mothers in child arrangements. This is a myth, often fuelled by outdated stereotypes and hearsay. It is misleading fathers and contributing towards their hesitation to pursue a child arrangements order.
The family courts do not see gender as a deciding factor, their paramount consideration is the welfare of the child and their best interests. The Courts acknowledge that each child is entitled to a relationship with both parents where it is safe to do so.
There has been a noticeable shift in the court’s approach whereby they are favouring shared care arrangements – thus a shared care arrangement for fathers is not only possible – it is encouraged.
The term “50/50 custody” refers to a shared care arrangement where a child spends an equal amount of time with both parents.
This looks different for each family – it could be alternating weeks or ¾ days per week are spent with each parent.
The court’s paramount consideration is the welfare of the child. The court refer to the welfare checklist found in Section 1 of the Children Act 1989. The considerations are as follows –
The court do not apply the checklist in a way that typically favours mothers or fathers, they specifically investigate who can best meet the needs of the child and how arrangements can work in practice.
“Shared Care” refers to the parents doing just that – sharing the care of their children, whether that is one night a week or another variation.
Yes, courts can and do award shared care arrangements to fathers, provided it is in the best interests of the child and safe to do so. Even in cases where communication between the parents cannot be easily facilitated, parenting apps or handover books can be used as a safe tool for communication between contact.
The court recognise that children thrive when they have a consistent and loving relationship with both parents.
An independent organisation, Cafcass (Children and Family Court Advisory and Support Service), assesses each family and work with the court, children and parents to assist the court in making these decisions.
A shared care arrangement may not be appropriate in all circumstances. For example, if it is not safe for the child, there is a risk of harm to the child or there has been an established precedent set and a disruption to this would not be in the best interests of the child.
If you’re a father and seek shared care your child, you should maintain safe and open communication with the other parent to ensure the best interests of the child are met.
If the arrangements are not working for the child, it is important that you firstly discuss this with the other parent to collaborate and find a solution. You should remain child-focused to show your motivation is to benefit the child, not to “win”.
A parenting plan can help structure arrangements. They are not legally binding, however a thorough drafted plan affirms stability and can prevent future disputes. You can create one together, through mediation, or with a solicitor.
If you cannot communicate with the other parent or this has failed, consider mediation. Mediation is a neutral process which helps parents reach agreements and involves less stress than court proceedings.
Ultimately, if you have exhausted all avenues and you are not able to reach an agreement, you can apply to the Family Court for a Child Arrangements Order. The court will consider the welfare checklist and what’s in your child’s best interests, not just what either parent seeks.
The law does not discriminate based on gender; it prioritises the welfare of children and their best interests.
The misinformation circulating regarding court’s favouring mothers in child arrangements is harmful and must not discourage father’s from seeking shared care as it is not only possible but also encouraged!
If you’re a father navigating separation or considering applying for a Child Arrangements Order, obtaining legal advice is crucial. Andrew Isaacs Law understands that every family is different and adopt a personalised approach to give you the best chance of achieving an outcome that works for you and, most importantly, for your child.
Article dated: 22.7.25
Ella is a Trainee Solicitor in our busy Family Law Department. She provides support to our lawyers and assists in the progression of client files by carrying out duties such as preparing legal documentation and letters, communicating with clients and other professionals such as courts, experts, agencies and attending Court alongside Counsel.
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