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.
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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?
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
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.
I need some inquiries about child custody please thanks
so im waiting for my solicitor to contact me on monday and hopefully i might have my daughter back living with me
I want to check if I can get full custody of my daughter 10 years old who lives with me since me and my partner got mutually divirced.
He has moved to Birmingham now and has got married too so he hardly visit my daughter. And, he contributes nothing financially towards my daughter upbringing.
Recently my daughter had her wrist bone broken as she fall down from scooter but he was not there for daughter, it was me all alone. And it is always me alone for everything my daughter needs.
Please advise.
Regards,
Kamini Patel
There is domestic abuse
Mental abuse etc...my children has witnessed aa few of these moments (the oldest especially) my eldest now is on a senco register etc and suffers with anxiety... they no longer what to know this person n keep asking why they have to have his last name when they dont want it. .can you help us
He had a home for about 6 months and probably had my children stay with him twice in the last 4 years! He has paid no child support for about 3 years!
I would like to know how easy it is to get full custody as he is not even in the country, and has no input at all in anything they do.
She always threatens him about not being allowed to have them if he doesnt conform to her demands.
She has been on and off with her boyfriend who abused her, often infront of the children (we have evidence of a police report)
We know that she often sends the kids to sleep at other peoples houses during the time she is meant to have them, often the grandma! (We belive she has never had the kids for more than two consecutive nights)
We are also positive she has a mental disorder and is a narssisist, her constant lies and manipulation is having a dangerous effect on his daughters me talking health and we are frowning increasingly concerned about their wealfare and their future.
Would we stand a hight chance of getting full custody, we have always wanted this but two scared for it to have a backlash as she is so good at acting the victim and is incredibly manipulative. Also the cost is a concern of ours as although we both work full time I dont know how we will find the funds?
I kept the house and I am raising my kids, my 2 eldest are 19 and 17, but still have a 12 years old daughter and a 4 years old boy which I need to grant custody so I can apply for new documents and take charge of everything.
We lived together for 20 years but never got married.
What do I need to do? Whom do I need to speak to? Where do I need to go? to grant my kids full custody.
I kept the house and I am raising my kids, my 2 eldest are 19 and 17, but still ha a 12 years old daughter and a 4 years old boy which I need to grant custody so I can apply for new documents and take charge of everything.
We leaved together for 20 years but never got married.
What do I need to do? Whom do I need to speak to? Where do I need to go? to grant my kids full custody.
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