Applying for Child 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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Comments...
my two kids live with me and they want to social service want them to stay with me asd there mum my x is not stable.i have been working hard at night to build up some money and to give my kids the start they need in life ..can i make a custordy claim my self saveing a small furtune and if i can how would i go about this can any one help.
ade - 25 November 2011 @ 4:59 PM
in reply to ad, i had the same problem 10 years ago, my ex reported me to social services and accused me of being manipulative and controlling, she has created an alter ego for me and lied through her teeth to discredit my unblemished reputation with friends relatives and anyone who'd listen, be patient and ride it out, be there for your daughter, never let her down, the truth will prevail, i was stopped access twice for lengthy periods, i turned up every week to pick my daughter up, and drove away disappointed everytime until the mother decided i could see her, its my opinion that like your daughter, mine has been used as a pawn to inflict hurt,and to fund a benefit rich lifestyle,she's 13 now, and worldly wise she seen through the facade and stands up for her beliefs, she knows that her dad is always there, never lets her down,loves and supports her in everything she does, i have applied for residency, and this month she has the opportunity to tell the world where she wants to live, this is of course being contested, but this is our time and i will fight till i die to have her with me. stay strong!
rabbit - 21 September 2011 @ 10:21 AM
How would I go about getting joint custody? Am a 22year old father who has just completed my university degree. I have a 3years old daughter but her mother only lets me see her like once every three months ifI am lucky. I don't even see her on her birthdays or Christmas. On the occasion that she does actually agree for me to see my daughter, I call her on the day agreed and she will just refuse to answer my calls for no apparent reason. I had a very brief fling with her and although I did not intend on having a daughter with her and was less than pleased when I found out she was pregnant. Now she is here she means the world to me. I feel her mother is bitter because I did not intend on pursuing a relationship with her so in return she uses my daughter as a pawn and I have seen my daughter less than 15 times in 3years. This is very unfair on my daughter and I. Her own family complains about the way she treats my daughter as she sometimes abandons her for days with them and goes clubbing etc whilst refusing to answer her phone.I have even tried to pay maintenance but she refuses to pick up my phone calls let alone see me to accept any payments. I would be extremely grateful if you could help me as I am at my wits end and have no idea how to go about getting helping or who to speak too.
Fols - 17 July 2011 @ 12:47 AM
Me and ex partner split up in mid January 2011, and being as we still lived together at the time, my ex partner consistently wanted me out the house which we had a joint tenancy.
Anyway in early/mid February my ex's mother had rang social services stating there was domestic abuse from myself towards my ex which simply was not the case, that day social services arrived on my door informing me that the complaint had been made and advised my ex to move to her mothers and to take my beautiful daughter of 1year, i wasn't allowed to see my daughter for a week because my ex kept saying she didn't feel 'confident' with me looking after my own flesh and blood, i cannot remember the amount of days and nights I've spent crying through missing my little girl so much, to make things worse after about three/four weeks my ex cancelled her half of the joint tenancy on the house making me homeless, fortunately my mother and step father were there to provide shelter for me,the contact I've had with my daughter was two days a week and started at 3hours a week (1hour 1/2 each day), then 6hours a week (3hours each day) and now its currently at 12hours a week (6hours each day), I'm desperate for more time with my little girl , i recently requested for an extension of my time with my daughter from 9am - 6pm (9hours each day) and without a reason i was denied. I love my daughter with all my heart and soul there is nothing i wouldn't do for her, and without her it would simply destroy me, and i don't want to cry anymore, my ex has done to much damage to me, when all I've wanted is peace between us, and fairness in seeing my little girl.
I'm stuck, i don't know what to do, i need help, please contact me with some information that will help me, my little girl deserves a fantastic daddy and that's exactly what i am, and I'm willing to prove that to anyone who questions it.
Thank you
Ad
Ad - 10 July 2011 @ 5:31 PM
I have a son living whit hes mother in uk but i live in different country for know she threating me to take my son away to i never find them i want to get my son custody or joing custody i am wiling to live in uk for my son what can i do for this pleasse advice me i dont know anytink about my right and she keep saying she is going to call the British consul to not to give me a visa can she do that Thank you
Mike - 30 June 2011 @ 10:25 AM
What are the rights of a mother when she has her child living with her but is not married to the dad. Can she apply for full custody if she is worried about the child's safety when he is with the father?
jan - 10 June 2011 @ 10:21 PM
can my girl friend change her surname to mine,,we had one son together..is it allowed
seyi - 5 June 2011 @ 9:26 PM
What are the rights of a father when he has a child but is not married or together with the child's mother. How would he go about getting joint custody? Is it possible? what rights does he have?
Charlotte - 31 May 2011 @ 10:21 PM
Hi, I just wanted to know how old you have to be to apply for custody of a child, I am assuming it's 18 but I just wanted to make sure and if you can apply as soon as you turn 18 Thanks Sx
Aister - 28 April 2011 @ 4:30 PM
I need help in getting information on custody cases.I have been trying to get custody of my daughter in family court for seven years after a domestic violence incident.It turned out that custody was given to paternal grandmother.I am going to the Appellant Division of the Supreme Court.This has broken my heart,because I love my daughter dearly and have never hurt,harm or neglected her. Please email eme any information that can help me in this matter. I stand alone.
Josy or Quina - 23 April 2011 @ 10:52 PM
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