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Applying for Child Custody

By: Angela Armes - Updated: 18 Jul 2018 | comments*Discuss
 
Child Custody Applying For Custody

Sadly, not every marriage can maintain a 'happy ever after', leading many couples to divorce. In the midst of a marital split, there may be children involved and each parent may have their own ideas as to how their offsprings should be looked after and who should look after them.

Sometimes feelings are so strong as to who should have the children that one or both parents may instigate custody proceedings in order to have the law rule on which parent is the most suitable carer.

What is Child Custody?

Child custody is a ruling by a magistrate – or Family Panel – who determines which parent should have the children living with them. This decision is based on a number of factors and also takes into consideration the feelings of the children involved, if they are old enough to understand what is going on around them.

Child custody also rules on how often and under what circumstances the parent who has been refused custody should see his or her children.

Applying for Custody

Before you can apply for custody you must ensure that all avenues of amicable agreement have been exhausted. It is important to remember that a custody battle can be a long drawn out series of hearings and, throughout this, your children will be fully aware of what is happening. They will have to speak to the court welfare officer during this time, too.

You must first consult a solicitor who specialises in family law, and they will instruct you on the best course of action. If there are no mitigating circumstances in the custody request, such as domestic violence, you should reasonably expect the process to take some time.

Appearing before the Family Panel

When you are given the date for your custody hearing, you will be required to appear before the Family Panel – which consists of three magistrates – and explain your reasons for wanting custody of your child/children. Your partner will also have to do this and the Family Panel will put a series of questions to you in relation to how you think you can cope with the children on your own, why you think you are the parent to whom the court should grant custody, and also if you are able to support the children financially?

The Court Welfare Officer

The Court Welfare Officer is given the task of assessing your status at home and also how you interact and look after your children. They will make their report and submit their recommendations to the Family Panel, and may on the day of the custody hearing be asked to present their findings to all those present.

The Court Welfare Officer may also have to speak with your children to try to find out Who They Would Like To Live With and the reasons why. All of this information is documented and presented to the Family Panel for review.

The Family Panel’s Ruling

You should be mindful of the fact that the Family Proceedings Court is a court of law and the magistrates operating therein are doing so in accordance with the law. With this in mind the Family Panel’s decision is legal and binding and – unless you appeal it – you are required by law to adhere to the terms and conditions of the custody agreement.

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Hi my son ex left with his daughter when she was only 3months old and his ex has now lost there daughter as she was in a violent relationship and my sons daughter is getting looked after by grandparents to his daughters mum.. My sons been fighting the gran parents for custody of his daughter .. He has court next month to see if his daughter is going to go home with him .. My son has no criminal record and has been having visits with his daughter every2 weeks as its in england and my son lives in Scotland all assessment s have came bk the child is not at risk. Dose enyone in law know if my son will get full custody of his daughter over the gran parents plz
Shazza - 18-Jul-18 @ 12:23 PM
Need advice which steps take next. I am separated almost for 2 years. Have filed for a divorce and my ex has ignored the whole process at moment I am about to send still this month my decree absolute. He lives in another country since we have split he hasn’t contacted my daughter neither came to see her. I look after her in all senses and no financial or emotional support from dad. Want to have full custody of my daughter so I don’t need any permission from dad for travelling etc..
Jana - 15-Jul-18 @ 9:24 AM
T - Your Question:
Hi, I split with my partner 5 years ago and have a 5 year old boy. in the past my ex had some big issues. I was called to her house by her family members on one occasion where drugs were involved and my son was left uncared for. At this point I took him into my protection which was agreed by the whole of her side of the family. I decided it was best to give her very regular access whilst assessing her situation. The new boyfriend left and she seemed to be getting better, so I agreed to 50/50 access. Then a year after she reconciled with the guy in question which ultimately lead to a drink driving charge with my son in the car when leaving his house after an argument. I took him again. A year later he was back with her 50/50 as before. A week ago I received a message to say that his attitude had become very 'ladish' to quote her. and that hes not listening to teachers at school, being a pain basically. And that it was down to my parenting skills. Also accusing me of drinking to excess with my child in my care. Which by the way is total rubbish. I work and constantly take him away and set clear boundaries for him. Shes now refusing to let me see him, informing the school im not to collect ect. Her family have blanked my calls so I dont know where to go. Could I bring up the historical issues and but this to bed for good in court. I.E leaving me with custody. I feel somethings underlying that might boil over and lead to my son being unsafe (usually she gets like this when shes not feeling stable). Thanks

Our Response:
You can apply to the court for an order either for full residency of 50/50 shared care. We can't say what a judge would grant as we don't have all the details. Always stress that you want what is best for your son, stability, routine etc which you have provided for him. You might want to take a look at the Separated Dads forum on our sister site where you can get some great advice and support
LawAndParents - 5-Jul-18 @ 11:46 AM
Hi, I have been separated from my husband for 9 months, in this time I have filed for divorce he has ignored everything as he says he is depressed and suicidal, has been in a treatment centre for 3 weeks and threatens to throw himself in the thames, he doesn’t have regular access as says he can’t cope as is to unwell, I’ve had to stop access and he is now saying he is going for full custody and will tell everyone I’m an unfit mother and alcoholic, also not true . Can he do this? What are the chances of him winning?
Toni - 4-Jul-18 @ 6:37 PM
Mr J - Your Question:
My daughter is turning 8 next month and she has lived with her mum since our relationship breakdown almost 7 years ago. I have had concerns in the past about the welfare of my daughter and I have spoken to her mum about it and it's always been batted down. I have spoken to people in the past including Citizens advice, social services and even a solicitor and they have all told me that without evidence It wouldn't go very far. My latest concern is that my daughters mum works nights and my daughter and her sister (different dad) stay with grandparents during this time, my concern is my daughter is saying to me that her and her sister are being left to look after themselves in the mornings whilst my daughters mum gets some sleep following a night shift, she has told me sometimes she sleeps through most of the day. My daughter has been subject to three different men living with her mum in the last 7 years, one of the relationships broke up as it was verging on abusive. When I pick my daughter up I can see into the house and it is always trashed and the smell is atrocious, my daughter comes out wearing seasonally inappropriate clothing (No coat in the winter and jeans and long sleeave tops in the summer) and my daughter's hair is always greasy and unbrushed and looks generally neglected. My daughter wants to stay with me as she doesn't get on with her mum or grandparents particularly well and when she plays up for them I get phonecalls to speak to my daughter and tell her off for her bad behaviour, I think her mum can't cope with part time work and the two children. So my question is this, What can I do? do I report to the police or NSPCC or do I apply for custody (Which I don't think I could afford to do). How do I help my daughter and get her out of there and at home with me where she is looked after, never left to fend for herself?

Our Response:
Talk to the mother first of all. Ask if you can change the child arrangements so your daughter stays with you more of the time. If your ex doesn't agree, you will have to attend mediation before going to court for a court order. If you're concerned about your child's welfare, continue communicating with social services.
LawAndParents - 2-Jul-18 @ 1:00 PM
Hi, I split with my partner 5 years ago and have a 5 year old boy. in the past my ex had some big issues. I was called to her house by her family members on one occasion where drugs were involved and my son was left uncared for. At this point i took him into my protection which was agreed by the whole of her side of the family. I decided it was best to give her very regular access whilst assessing her situation. The new boyfriend left and she seemed to be getting better, so I agreed to 50/50 access. Then a year after she reconciled with the guy in question which ultimately lead to a drink driving charge with my son in the car when leaving his house after an argument. I took him again. A year later he was back with her 50/50 as before. A week ago i received a message to say that his attitude had become very 'ladish' to quote her. and that hes not listening to teachers at school, being a pain basically. And that it was down to my parenting skills. Also accusing me of drinking to excess with my child in my care. Which by the way is total rubbish. I work and constantly take him away and set clear boundaries for him. Shes now refusing to let me see him, informing the school im not to collect ect. Her family have blanked my calls so i dont know where to go. Could i bring up the historical issues and but this to bed for good in court. I.E leaving me with custody. I feel somethings underlying that might boil over and lead to my son being unsafe (usually she gets like this when shes not feeling stable). Thanks
T - 1-Jul-18 @ 8:06 PM
My daughter is turning 8 next month and she has lived with her mum since our relationship breakdown almost 7 years ago. I have had concerns in the past about the welfare of my daughter and I have spoken to her mum about it and it's always been batted down. I have spoken to people in the past including Citizens advice, social services and even a solicitor and they have all told me that without evidence It wouldn't go very far. My latest concern is that my daughters mum works nights and my daughter and her sister (different dad) stay with grandparents during this time, my concern is my daughter is saying to me that her and her sister are being left to look after themselves in the mornings whilst my daughters mum gets some sleep following a night shift, she has told me sometimes she sleeps through most of the day. My daughter has been subject to three different men living with her mum in the last 7 years, one of the relationships broke up as it was verging on abusive. When I pick my daughter up I can see into the house and it is always trashed and the smell is atrocious, my daughter comes out wearing seasonally inappropriate clothing (No coat in the winter and jeans and long sleeave tops in the summer) and my daughter's hair is always greasy and unbrushed and looks generally neglected. My daughter wants to stay with me as she doesn't get on with her mum or grandparents particularly well and when she plays up for them i get phonecalls to speak to my daughter and tell her off for her bad behaviour, I think her mum can't cope with part time work and the two children. So my question is this, What can I do? do i report to the police or NSPCC or do I apply for custody (Which I don't think i could afford to do). How do i help my daughter and get her out of there and at home with me where she is looked after, never left to fend for herself?
Mr J - 1-Jul-18 @ 12:05 PM
I left my husband after 27 years of mental abuse I have 5 children 3 of them are in the it 20 I said to him I'm taking the youngest 2 with me and he said that they hated me and some more added words which I'm not going into and I hit him first time ever had in done that he made all these accusations and brainwashEd my children against me really bad so would i have grounds to get custody of my youngest 2 as my youngest is now worried about being in the room with me been to court numerous times and contact centre.
Ali - 26-Jun-18 @ 8:29 PM
Hi I have been separated from my ex husband for 11 years and divorced for 5 years He has agreed to give me full parental responsibility How do I go about making good that legal? Many thanks
justme - 13-Jun-18 @ 11:18 AM
Sashquach - Your Question:
I need advice. I was in a domestic violent marriage which ended around Xmas time 2014. I filed for divorce in march 2015. (I still do not have my divorce as he is refusing. Even after and ex girlfriend of his handed him the papers) anyway he has money taken from his account by cms as he stopped paying child support that was agreed. He hasn't seen his children and made no effort to (thank god) the judge told him at hearing fir injunction that he was to arrange supervised visits at a contact centre. He never bothered. I g Ave no idea where he us other than the town. He seems to be the best hide and seek player in the world. My youngest son is under a paediatric go and they have stated that the adhd. Hyperactivity and other behaviours is contributing from the abuse my two children got (my son more than my daughter) I dont know where to start in looking at getting sole custody. I cannot fathom anything happening to me and him getting them. Please help. My solicitor I have at moment. Has taken a year to sort divorce out and it hasn't moved forward at all. I cannot get hold of her hardly. I have all emails to show conversations. I'm at my wits end

Our Response:
You are already the main carer simply by virtue of the fact the father is absent and a judge has ordered only supervised contact via a contact centre. If the father suggests he wants contact and you are not happy with it, then that might be the time to consider court.
LawAndParents - 4-Jun-18 @ 2:47 PM
I need advice. I was in a domestic violent marriage which ended around Xmas time 2014. I filed for divorce in march 2015. (I still do not have my divorce as he is refusing. Even after and ex girlfriend of his handed him the papers) anyway he has money taken from his account by cms as he stopped paying child support that was agreed. He hasn't seen his children and made no effort to (thank god) the judge told him at hearing fir injunction that he was to arrange supervised visits at a contact centre. He never bothered. I g Ave no idea where he us other than the town. He seems to be the best hide and seek player in the world. My youngest son is under a paediatric go and they have stated that the adhd. Hyperactivity and other behaviours is contributing from the abuse my two children got (my son more than my daughter) I dont know where to start in looking at getting sole custody. I cannot fathom anything happening to me and him getting them. Please help. My solicitor I have at moment. Has taken a year to sort divorce out and it hasn't moved forward at all. I cannot get hold of her hardly. I have all emails to show conversations. I'm at my wits end
Sashquach - 3-Jun-18 @ 8:03 PM
I have a daughter 14 months old, I found my ex is a Gay , he took me the court and he has haft custody, his drinking a lots alcohol, skmoking, and bring men from Internet to his house for sex. I worry about my Baby when is his care.
Bella - 2-Jun-18 @ 9:15 PM
Any help or tips on children's custodyfor a dad.my ex partner and I have 2 kidssocial services are involved but very negativehelp as my ex partners mum is quite high up in children's social services and can't prove her involvement presently but I do knowshe deals the hidden handconcept to the children's interestsbut the children's mothersuffers depressiongoes on benders with drink and drugsand has known to do disappearing actswhen she should be havingcontact with the childrenmy question is how is the best way forward to achievefullcustodyof my childrenand protect their well-being as the children have informed methat there mumhas on many occasions had random malefriends constantlyat there homesoyou canguess my worriessocial services have beenmade awareof on goingsituations where the motherS be haviourgoes off trackbut lack to interveneasthey say it's okaythey with a responsibleadult IEher mother the social workerso how can I breakthis behaviourand get custodyof my childrenthank any one with reasonable tip or help
Matty - 1-Jun-18 @ 2:38 PM
CharlotteM - Your Question:
Hello I’m 27 years old and I have a 6 year old daughter. In 2016 I suffered a breakdown. I found out my partner of 8 years (daughters dad) was having an affair and two close family members died quite suddenly which was very upsetting. So her dad left the scene and maintained contact with our daughter when he felt like it. To be honest he put his new girlfriend first, he turned up when it suited him but there was always arguments. I struggled to cope with everything, there I was a single mum hardly any support and heartbroken. I started drinking moderately at first but then I noticed it increaseing. I then put myself into a private rehabilitation Center to come to terms with the grief I’ve been feeling. Her father looked after her for the two weeks I was away. When I came back a few weeks later I had a glass of wine (I didn’t understand alcoholism as I thought I was cured and everything was alright as I went to rehab) he then never gave my daughter back to me which caused me to brake down. Since then I attend AA I have a decent job I’m abstained from drinking for 5 months and I’m feeling better than ever.no chance of me ever having a drink again as far as I’m concerned. The father then went to the courts last year for a residency order witch he was granted as I did not turn up to court, I was scared,in a bad place,ashamed. He has not let me see her since and have not seen her for 14 months yet she lives about 20 min away. I’m so desperate to see her. I know this has a lot to do with his jealous new girlfriend (the one he had a affair with) as she likes my daughter to call her mum! I’m so heartbroken over this situation and I take full responsibility for my drinking however I am only human and some people have to breakdown to build themselves up stronger. Ideally I’d like the residency order reversed would this be possible ? I can provide a hair strand test after 6 months to prove my sobriety. I talk to her over the phone a couple of times a week she knows who I am and we have a good relationship. I don’t think it’s right she’s living with her dad and that home wrecker in 1 room in his grandads flat. Any advice?

Our Response:
Talk to Citizens Advice or Family Rights Group to see if there's any support you can get in going back to court and getting the terms of the child arrangements order amended, so that you can share contact.
LawAndParents - 1-Jun-18 @ 1:48 PM
Hello I’m 27 years old and I have a 6 year old daughter. In 2016 I suffered a breakdown. I found out my partner of 8 years (daughters dad) was having an affair and two close family members died quite suddenly which was very upsetting. So her dad left the scene and maintained contact with our daughter when he felt like it. To be honest he put his new girlfriend first, he turned up when it suited him but there was always arguments. I struggled to cope with everything, there I was a single mum hardly any support and heartbroken. I started drinking moderately at first but then I noticed it increaseing. I then put myself into a private rehabilitation Center to come to terms with the grief I’ve been feeling. Her father looked after her for the two weeks I was away. When I came back a few weeks later I had a glass of wine (I didn’t understand alcoholism as I thought I was cured and everything was alright as I went to rehab) he then never gave my daughter back to me which caused me to brake down. Since then I attend AA I have a decent job I’m abstained from drinking for 5 months and I’m feeling better than ever.no chance of me ever having a drink again as far as I’m concerned. The father then went to the courts last year for a residency order witch he was granted as I did not turn up to court, I was scared,in a bad place,ashamed. He has not let me see her since and have not seen her for 14 months yet she lives about 20 min away. I’m so desperate to see her. I know this has a lot to do with his jealous new girlfriend (the one he had a affair with) as she likes my daughter to call her mum! I’m so heartbroken over this situation and I take full responsibility for my drinking however I am only human and some people have to breakdown to build themselves up stronger. Ideally I’d like the residency order reversed would this be possible ? I can provide a hair strand test after 6 months to prove my sobriety. I talk to her over the phone a couple of times a week she knows who I am and we have a good relationship. I don’t think it’s right she’s living with her dad and that home wrecker in 1 room in his grandads flat. Any advice?
CharlotteM - 31-May-18 @ 9:35 AM
Dear Friends, I'm an Indian born Australian Citizen, OCI card holder, married to an Indian Citizen from last 3 years, and have one 2 years old son, who is born in India and gained Australian Citizenship by Descent. At the moment, he doesnt have OCI card. We have taken visitor visa for 1 year for him. We live in India and are working so my mum takes care of our son all the time. My wife who is an Indian Citizen is creating problems in family. She is not interested in our relation now. She didn't applied for Australian Spouse Visa as she doesn't want to move to Australia because she is very possessive about her family and want to live with them. At the moment we are living together. I have 3 brother-in-laws and 2 sister-in-laws so there is no question of anything like they need her support or financially dependent on her. So now I wish to move back to Australia with my son. My questions are: 1.Can I take my 2 year old son to Australia with me as he is an Australian Citizen. 2.Can She by any means create problems for him to move to Australia with me. If yes, then what is the point of my Son having Australian Citizen. 3. Can I apply for divorce in Australia if i got married in India. My reason for divorce is that my in-laws family are forcing me to live in India. As they know if by Indian law they can stop me taking my child to Australia as he is an infant, so they can force me to live in India and are harassing me in different ways. Please advice. Regards, Rahul
rahul - 26-May-18 @ 7:35 AM
Plz ignore my first email address. And do not REPLY my husband is using the same email account. (URGENT)
Boo - 23-May-18 @ 3:59 AM
My husband is a portuguese passport holder and even my daughter(4yrs) whereas I'm on a dependent spouce visa. Its been 5 yrs since we married. Things were all good. It has been almost 2 yrs i have been abused physically. When he was in UK n me in my country i was abused through whats app sending me his nude video's and pictures inspite of me saying NO(which i have all in records) When i refused to have physical contact, he started putting false allegation that i have an affair(i can prove myself by going under medicle grounds that i didn't have physical relation) when i asked him for divorce he said he's ready to divorce me but blackmailing me through my child, saying he ll take her custody. He very well knows my weakness that i cant do without my child neither she can live without me. Now we are shifting to UK. He said once i'm there i wont be able to do anything. Are there chances where i can file a divorce and get my child's custody? Please advice
Boo - 23-May-18 @ 3:23 AM
Superdad - Your Question:
I’ve just split up from my partner of 12 years after finding out she was seeing someone behind my back. We have 3 kids together all under 16. She has left the kids with me and moved in with her new fella (temporarily) until she can find a place more permanent. Once she finds a place she wants to take the kids with her. She is on medication SSRI for depression, anxiety, and has suffered quite badly just recently, I think she could have suffered a mental breakdown as she isn’t thinking clearly. She still sees the kids almost every day, but I’m not so sure she can cope financially with them. Any help would be a massive help

Our Response:
What is your question exactly? Sorry it's not clear.
LawAndParents - 8-May-18 @ 2:00 PM
I’ve just split up from my partner of 12 years after finding out she was seeing someone behind my back. We have 3 kids together all under 16. She has left the kids with me and moved in with her new fella (temporarily) until she can find a place more permanent. Once she finds a place she wants to take the kids with her. She is on medication SSRI for depression, anxiety, and has suffered quite badly just recently, I think she could have suffered a mental breakdown as she isn’t thinking clearly. She still sees the kids almost every day, but I’m not so sure she can cope financially with them. Any help would be a massive help
Superdad - 6-May-18 @ 10:17 AM
Riaatoni - Your Question:
Hi there, in February 2016 I suffered a mental break down and at the time I had no other choice but to hand my children to their father whilst I took the time to get better, this was suggested by the social services and mental health team but I was told it was on a "temporary basis" over the years I've done everything in my power to get batter mentally and hit all targets set by social services however every time I done what I was supposed to and proved I was mentally ok to have my children back they put something else in place which obviously became extremely frustrating, anyway there was a bit of a row at their dads house when I went to collect them on my set day because the children was not there yet again when I gone to collect them for contact, on leaving their dads I rang social services to explain if been attacked for no other reason that wanting to see my children, social services have been a disgrace I'm on my 5th social worker who has now told me this whole situation has nothing to do with her her hands are tied I will have to go court (which I'm in the process of doing, just waiting for my court date to arrive) but I have had no contact with the children since the 13th Feb 18 is this right? Are they in their right to do this? I've had no pr removed there's no order In place I'm absolutely heartbroken that this length has time has passed and there's still nothing nobody can do, sure,y that is classed as neglect in itself??

Our Response:
Unfortunately we don't know enough about your case/circumstances to advise on this. Hopefully the court case will clarify things for you.
LawAndParents - 4-May-18 @ 2:36 PM
Hi there, in February 2016 I suffered a mental break down and at the time I had no other choice but to hand my children to their father whilst I took the time to get better, this was suggested by the social services and mental health team but I was told it was on a "temporary basis" over the years I've done everything in my power to get batter mentally and hit all targets set by social services however every time I done what I was supposed to and proved I was mentally ok to have my children back they put something else in place which obviously became extremely frustrating, anyway there was a bit of a row at their dads house when I went to collect them on my set day because the children was not there yet again when I gone to collect them for contact, on leaving their dads I rang social services to explain if been attacked for no other reason that wanting to see my children, social services have been a disgrace I'm on my 5th social worker who has now told me this whole situation has nothing to do with her her hands are tied I will have to go court (which I'm in the process of doing, just waiting for my court date to arrive) but I have had no contact with the children since the 13th Feb 18 is this right? Are they in their right to do this? I've had no pr removed there's no order In place I'm absolutely heartbroken that this length has time has passed and there's still nothing nobody can do, sure,y that is classed as neglect in itself??
Riaatoni - 3-May-18 @ 12:13 PM
How old does a child have to be for the court to listen to their voice? Also will I be interviewed by the court/Cafcass whilst my partner is fighting for full custody for his boy to live with us? Will it be confidential? How long does a court case take to happen from applying for it to go to court?
Blondebunny - 27-Apr-18 @ 11:27 PM
Kevin - Your Question:
Me and my partner have split up due to her cheating, we have 2 kids together and I want full custody of our children. They currently live with their mum who is more interested in meeting other men than spending time with the kids. She also has mental health issues such as anxiety, depression and BPD. She has also self harmed in the past due to this. She has also dragged me out of work to come help her as she struggles and can’t cope looking after them by herself., recently she has dropped the kids off at her mums and ran away claiming she is going to kill herself. And I am worried and scared for the kids being around her when her mood is low. There have been numerous times she has been crying down the phone struggling and self harming whist in care of the children. I want to get full custody of them to save them from any harm which may occur due to her mental health. Any advice?

Our Response:
To apply for residency, the courts will probably require that you attend mediation first. If that is unsuccessful, you will need to apply to the courts using form C100. The courts may order a CAFCASS report to look into your claims. Once this has been done the court will make a decision based on the best interests of the children.
LawAndParents - 27-Apr-18 @ 2:34 PM
Me and my partner have split up due to her cheating, we have 2 kids together and I want full custody of our children. They currently live with their mum who is more interested in meeting other men than spending time with the kids. She also has mental health issues such as anxiety, depression and BPD. She has also self harmed in the past due to this. She has also dragged me out of work to come help her as she struggles and can’t cope looking after them by herself., recently she has dropped the kids off at her mums and ran away claiming she is going to kill herself. And I am worried and scared for the kids being around her when her mood is low. There have been numerous times she has been crying down the phone struggling and self harming whist in care of the children. I want to get full custody of them to save them from any harm which may occur due to her mental health. Any advice?
Kevin - 24-Apr-18 @ 10:38 PM
Blondebunny - Your Question:
My partner is fighting for full custody (atm he has no custody plans legal written not even for weekends just as and when she allows him to see the boy) his fighting for full custody as social services have been involved as neglect has been going on, mild stuff like dirty uniform, arriving late to skol etc the Mum seems to be struggling. If my partner gets full custody it would mean moving the boy a three hour drive down here! I don’t want this. Me and my partner Both work full time. This is also my house and I am on the mortgage and I don’t want him here!. We live in Essex and the boy and his mum and sibling he lives with from previous relataionships are in Nottingham. Do you think my fiancé will be granted full custody? His solicitor told him he will win 100%?

Our Response:
We don't know what a judge will decide. They look at all the information and decide based on the best interests of the child. We suggest you talk to your partner about this as he may not realise that you don't accept that he hasa child for whom he is responsible.
LawAndParents - 24-Apr-18 @ 11:05 AM
My partner is fighting for full custody (atm he has no custody plans legal written not even for weekends just as and when she allows him to see the boy) his fighting for full custody as social services have been involved as neglect has been going on, mild stuff like dirty uniform, arriving late to skol etc the Mum seems to be struggling. If my partner gets full custody it would mean moving the boy a three hour drive down here! I don’t want this. Me and my partner Both work full time. This is also my house and I am on the mortgage and I don’t want him here!. We live in Essex and the boy and his mum and sibling he lives with from previous relataionships are in Nottingham. Do you think my fiancé will be granted full custody? His solicitor told him he will win 100%?
Blondebunny - 23-Apr-18 @ 8:14 AM
I have 2 children with my ex and he was extremely abusive my entire pregnancy kicking me in my stomach and throwing me around he has made threats to kill me and my family many times and also threatens my other 2 children he also threatened to kill our daughter when I was pregnant with her he does drugs and is very abusive when he doesn't get his way and extremely manipulative he threatened to take our kids and I fear that the children I have with him will be mentally of physically abused or worse can I get full custody of our kids and if so, how?
Yaya - 20-Apr-18 @ 4:45 PM
Hi, I’ve managed to get away from my nacassist boyfriend after a long and traumatic 20 months. We have a 6 month old baby, he’s been making threats towards me and the kids and also threatening to lie and have my kids taken away by social services. He’s a very angry man and his other kids have seen far too many angry outbursts, even crashes my car with the kids in. I want to know if I can gain sole custody of my son because I fear for his safety physically and mentally if he is to take him to his home for visits. Does anybody know how long this takes and how much it will cost me. This is not out of a spite, I have a 5 years old daughter who sees her dad 3 nights a week and we have a good relationship regarding our daughter, this is purely because I’m petrified he uses the baby to torture me further or worst still anything happens to my baby ??
Traceymollytheo - 18-Apr-18 @ 9:00 AM
Magpie- Your Question:
I split from my ex and divorced for 2 years now. He moved away from myself and 2 children over a year ago but kept a house nearby to see kids. He’s supposed to have kids every other weekend (our arrangements). He however, goes on holiday most months for 3 weeks at a time. He has no involvement with the kids, doesn’t know anything medically about them (my son autistic). He chooses not to get involved. I am registered disabled and need urgent operation and he refusing to help in any way. Won’t take even an afternoon off. I have no other help. Social services do help me with my disability but by law if I have an operation does he have to have them? He thinks not. I’m not asking him to take a day off, merely a few hours to collect kids from school for one day. If I try to ask him to see the kids or help more, he stops my money or threatens to cut me and my kids off health insurance (I pay him to stay on his as it’s cheaper). His girlfriend whom he lives with doesn’t have kids and they both find kids v stressful. Every time my kids do see him (3 nights a month), my eldest cries as she hates it so much. I make them go as I need the break. Under law what difference is there if I apply for full custody or as they live with me 27 days month do I have this. Also can I or social services force him have kids so I can go inTo hospital? Thanks

Our Response:
You don't need to apply for a full residency order (unless you think the father will take the children/not bring them back etc) as you are already the main carer. The father can't really be forced to have the children while you're in for your operation. Talk to social services and ask them what your options are. They may be able to provide temporary foster carers (if anything that might make their father feel sufficiently guilty and agree to look after them himself).
LawAndParents - 11-Apr-18 @ 12:57 PM
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