Child Custody Arrangements: How Courts Decide and How You Can Prepare
Amara Osei
Family Law Specialist
December 5, 2024
7 min read
For parents going through separation or divorce, few issues are more important — or more emotionally charged — than arrangements for their children. Understanding how custody decisions are made, and what you can do to support a positive outcome, is essential for anyone navigating this process.
Legal custody vs. physical custody
Legal custody refers to the right to make major decisions about a child's life — education, healthcare, religious upbringing. Physical custody refers to where the child lives and the day-to-day care arrangements. Both can be sole (one parent) or joint (shared between both). Courts increasingly favour joint legal custody even when physical custody is primarily with one parent, recognising the importance of both parents remaining involved in decision-making.
What 'best interests of the child' actually means
Courts evaluate a wide range of factors when determining the child's best interests, including: the child's age and developmental needs, the quality of each parent's relationship with the child, each parent's ability to provide stability and continuity, the child's own expressed preferences (weighted by age and maturity), and any history of domestic violence or substance abuse. No single factor is determinative — courts look at the full picture.
How to prepare for custody proceedings
Document your involvement in your child's day-to-day life: school pickups, medical appointments, extracurricular activities, bedtime routines. Demonstrate your ability to cooperate with the other parent — courts look unfavourably on parents who attempt to undermine the child's relationship with the other party. If your child is old enough, consider whether a family mediator can help both parents reach an agreement without litigation, which is almost always better for the children involved.
Custody proceedings are among the most consequential legal matters a family will face. Approaching them with the right information, the right legal support, and a genuine focus on your child's wellbeing — rather than the conflict with your co-parent — gives the best chance of an outcome that works for everyone, especially the children.
Amara Osei
Family Law Specialist
A member of the Legal Focus team with extensive experience advising clients on family law matters. Committed to delivering clear, practical legal guidance.