A word many people still use, but it's no longer a legal term in England and Wales. The old 'custody' and 'access' orders were replaced by 'residence' and 'contact' orders under the Children Act 1989, and those were replaced in 2014 by 'child arrangements orders', which set out who a child lives with and who they spend time with. You may still see 'custody' used informally or in older documents — and it's still the legal term in some other countries — but the court here won't make a 'custody order'.
In Plain English
This is an old term that is no longer used by the courts, but many people still use it to describe where a child lives. Today, the law uses 'child arrangements orders' to decide who a child lives with and who they spend time with.
This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
A "gap" is a common assumption people hold going into family court, set against what the court actually does. The bold line below is the assumption — not a fact. The reality underneath is what the court typically observes.
Gap #56
The assumption
I need a custody order — that is what I have to apply for.
The reality
The term custody is often viewed as outdated in English and Welsh family law. A more accurate term is a Child Arrangements Order, which outlines living arrangements, time shared with each parent, and decision-making processes. Employing older terminology in legal documentation may impact credibility, reflecting a shift towards prioritizing children's welfare over ownership.
Gap #175
The assumption
An undertaking is just a promise I made in court. It is not a real order — nothing serious can happen if I breach it.
The reality
An undertaking is a solemn promise to the court. Breach it and the court can send you to prison. The Family Court at Middlesbrough demonstrated this on 4 June 2026 — 28 days custody for a father who breached an undertaking. The judgment was published this week. There is no such thing as just an undertaking.
Gap #284
The assumption
Pets get decided like a child custody case.
The reality
England and Wales has no formal concept of pet custody. Legally, a pet is property, and any dispute is decided on ownership and practical arrangements, not a welfare-based test. In practice, most separating couples agree arrangements between themselves rather than asking a court to decide.
Navigating court alone?
A McKenzie Friend can help you understand terms like these in the context of your case.
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