If you and your spouse cannot decide who your child will live with after you separate, then you can take your case to court and let a judge decide. The judge will always have your child’s welfare and needs as a top priority when they are deciding where the child will live.
When making the decision, the judge will also take into account each parent’s work commitments and how this could affect the child if they were to live with them. This has meant that, in the past, mothers would usually get primary care of the child, although this has started to change in recent times.
Even if the child does live with one parent, the order should state that the other parent should have contact with the child (except in very limited circumstances). The other parent will also still have parental responsibility, so will have a say in how the child is brought up, including which school they will go to and what religion they will follow.
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