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Will the children live with their mother after we divorce?

There is no presumption that mothers have any more rights than fathers when it comes to who the child will live with after divorce.

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.

We believe in being the best in our field and therefore we only specialise in divorce and family law.  We are confident we can help you to find the solution that suits you and your circumstances.

For more information on this subject please visit our Legal Library.


Contact us to see how we can help you with divorce and child arrangements

For more information call our team on 0845 862 5001 or email

We offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in:

London Office: Duncannon Street, London WC2N 4JF

Manchester Office: King Street, Manchester, M2 4PD

Leeds Office: Princes Exchange, Princes Square, Leeds, LS1 4HY

Huddersfield Office: Northumberland Street Huddersfield, HD1 1RL

Please contact us for more details.

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