VocabuLaw

Custody

What is it and what does it mean?

Description of the legal term Custody:

In UK law, the term ‘custody’ has many different meanings depending on the context, but it primarily refers to two key areas: criminal law and family law.

Criminal law context: In criminal law, custody refers to the detention of a person by the police following an arrest. When a person is taken into police custody, their liberty is restricted and they are held in a police station or prison. Custody is used for questioning, to prevent the continuation or repetition of an offence, or to ensure the person’s appearance in court. The police must follow strict procedures during custody, including respecting the rights of the detained person, such as the right to legal representation and the right to have someone informed of their detention.

Family law context: In the context of family law, custody refers to the legal guardianship of a child. It includes the responsibilities and rights to care for and make decisions on behalf of a child, usually following separation or divorce. Custody can be divided into physical custody, which relates to where the child lives, and legal custody, which relates to the right to make important decisions about the child’s upbringing, education and welfare. Custody arrangements can be joint, where both parents share responsibilities, or sole, where only one parent has these responsibilities.

Legal context in which the term Custody may be used:

Police custody following an arrest
John is arrested on suspicion of burglary. He is taken into police custody where he is held for questioning. During this time, John’s freedom is restricted and he is held in a cell at the police station. The police inform him of his rights, including the right to legal advice from a solicitor and the right to have a family member or friend informed of his arrest. The police must also follow legal protocols, such as regularly reviewing the need for continued detention and respecting John’s rights and welfare while he is in their custody.

Child custody in a divorce case
In a divorce case involving children, Emma and Michael are negotiating custody arrangements for their two children. They agree to joint custody, where they both share physical and legal responsibility for the children. This means that the children will spend time with both parents, and both Emma and Michael will have a say in important decisions about the children’s lives, such as their education, health care and religious upbringing.

This website is for informational purposes only and may contain inaccuracies. It should not be used as a substitute for professional legal advice.