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Applying for Child Custody

By: Angela Armes - Updated: 22 May 2022 | 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, i want know how get child custody that my partner can't take my son without my permission to other country... we living in same house but long time separated he have problems with gambling and i just don't think my son will be safe with him... hes always talking that he gonna take my son in his country and im afraid that he not bring him back...
Rutukea18 - 22-May-22 @ 5:46 PM
my 11 year old daughter is living with her anuti and her uncle ive had no contact in August 2021 ive tried so many times in arranging contact but getting no were it just feels like im being fobbed off i just want my daughter back in my care as her auntie and her uncle are not communicating with me what so ever ive just had enough with what they are doing so im waiting for my solicitor to contact me on monday and hopefully i might have my daughter back living with me
lisa - 4-Sep-21 @ 2:03 PM
How can I find out if my husband apply for my kids custody without me knowing.is that a possibility ? I need to know we're can I find that info.
Ts - 9-Aug-21 @ 11:04 PM
Hi, I want to check if I can get full custody of my daughter 11 years old who lives with me since me and my husband separated. He has moved to another city to live with the women that he cheat in me,so he hardly visit my daughter since December 2019 he saw my daughter 3 times no calls or text with her. And, he contributes when he wantsfinancially towards my daughter upbringing. And it is always me alone for everything my daughter needs. Please advise can I have some advice
CR - 9-Jul-21 @ 11:57 PM
Hi. I have two kids 5 and 7 years old. My husband and I are married. Last year I got in a bad habit of drugs and my husband took advantage of it and I think he applied for kids full custody without my knowledge because I didn’t live in the same address for 4 months but when I came back with kids didn’t change my address. I haven’t received any letters from court because it must have gone to the address where I lived with kids for 4 months. I haven’t got drugs habits anymore. How can I find out if he has taken kids custody and how can I get it back? We live together but he treats me very badly now. Thank you.
Punam - 27-Jun-21 @ 5:45 PM
Hi, 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
KAMINI PATEL - 31-May-21 @ 1:44 PM
I would like to apply for full custody of my 3 children has they dont see or speak or have any financial help from there "dad" for past 2 years not even a birthday card.... There is domestic abuse Mental abuse etc...mychildren 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
Jade - 15-May-21 @ 10:38 AM
I would like advice if possible on my rights on taking over full custody of my children.
Jemmamoore1 - 15-May-21 @ 8:21 AM
Dangerous people around my children mum is danger are two brothers and sister all of them assaulted my children physically emotionally I have evidence about that and financially and the dangerous social workers supporting dangerous People no one care children all about money
Manda - 6-Apr-21 @ 4:03 AM
My husband has moved out 10 years back and we don’t know his ware about sand we are divorced how I can get full custody of my children
Alia - 10-Dec-20 @ 11:28 AM
I would like to go for full custody of my son, he is 8 years old and currently lives with his mother, she as since had a new partner which as beat her on numerous occasions, sometimes when my son wasnt there and times when he was, he as since thrown a brick through the window of her property and it has hit my son on the head leaving him with a cut on his head which is now a scare, I would like to have full custody as my son is in danger with his mother. How do I do this? I currently have my son on weekends but since knowing this I want him full time as he would be safer with me.
Lewisw - 1-Dec-20 @ 6:29 PM
I am wondering if I can get full custody of my 4 year old son when I was with his dad it was dv relationship he use to beat me on a dayly basis and he raped me 6 time throughout our 4 and half year relationship he use to go for my son as well he when to attack my son when he was 6 month old I was put in a woman refuse when he was 18 month old now after 3 years he wants to see my son he doesn't paid for him I am scared of him seeing my son as he threatened to kidnap him so I don't want him near him or knowing where we live
Tricia - 18-Oct-20 @ 8:24 PM
I left my husband in April 2016, I have two children, now 16 and 8. 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.
H666 - 23-Aug-20 @ 3:13 PM
Hello, since my partner devorced his wife 6 years ago, who he has two kids with. He has had them every weekend (unless he is working) 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?
Selene - 2-Jul-20 @ 9:07 PM
Hi, my other half abandoned me and my four kids and left the country taking my 4years old boy document/ ID card and Passport and refusing to return it. 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.
Bruno - 26-Apr-20 @ 11:41 PM
Hi, my other half abandoned me and my four kids and left the country taking my 4years old boy document/ ID card and Passport and refusing to return it. 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.
Bruno - 26-Apr-20 @ 11:39 PM
Hi, my wife ask me to move out of our marital home and to take our daughter with me. I have been out daughters primary carer since October 2018. I fear that because I don’t have a job nor a house to call home at the moment I will not be given custody of our daughter. I have had to isolate my daughter due to the corona virus and haven’t allowed her mum to see her as she has not followed the social distancing. She does receive daily pictures and video calls. Can this be held against me if we go to court?
Frank - 13-Apr-20 @ 1:23 PM
My husband attacked me on 5th Aug 19 the police put in a non molestation order with davss. he was told he was 2 have contact with my sister who was a 3rd party 2 sort access of him seeing my daughter. now hes constantly letting my 10 year old down also then stopped contact for 10 weeks. now saying hes going 2 change my non molestation order 2 have hes new girlfriend put on it so my sister has 2 discuss with her. and hes going 2 take me 2 court 4 custody. my daughter doesnt want to see her dad is under going counciling 4 what she saw her dad don2 me. I'm so confused and dont want to loose my daughter
windy house - 15-Jan-20 @ 8:47 PM
Hi I'm a dad of a 9 Yr old boy my wife has moved out of our house we lived in together as found out she cheating and is now pregnant for someone else my son is with me she visits I do for him and always have even when we were together which she knows which is why she left and didn't argue about him staying but I want custody etc as she could take him as we still married on Paper. So question is how do I go about having sole custody as father and arranging visitation for her without worry of her taking him?
H - 7-Jan-20 @ 1:18 AM
Hi! I m married but my husband is not in home at all. He don't take even 1 day in week of from job and he when he is of he no stay in home or look after kids.Our relationship is gone.I want my kids custody.How I will do ?
Diana - 27-Oct-19 @ 9:38 PM
My daughter lost custody of her son when we he was 2 because her partner (the boys father) was very abusive to her and her other son (not his child) Her ex partner and son then disappeared and he made it very difficult for her to see him or contact him. And Because of her anxiety and lack of condidence she lost contact with. He then went on to marry have more children and abuse her. Which his now lost custody of them because of his anger and drug abuse. So now my daughter wants to go for full custody of her son even though shes not been able to see him at all in the last year or so. What does she need to do to get the process in the place. How much it may cost etc? She wants me to represent her in court as she knows im a good spokesman for her? Please advice on what we need to do to start the process? Thank you very much.
Bubbles - 16-Sep-19 @ 11:08 AM
Hello I want to look into taking full custody of my child. I feel like an only parent to her, her dad has her only once a week and doesn’t see her otherwise, he only has her otherwise he will have to pay more child Matienence, even though he only lives a 10 minute drive away! I have asked for him to share parenting abit more, as I never get a chance to do anything! He has responded saying things like he doesn’t want to be her dad & he doesn’t want to have her more! He makes excuses that it’s hard - when really it isn’t. I just feel like I don’t want a part time dad in her life as it’s upsetting and confusing for her. So to be honest I’d rather take this role alone! As it’s already what I do! If you could give me some advice on what I need to do - that would be great. Thank you
Emma - 6-Aug-19 @ 8:52 PM
me and my partner separeted after she started on drugs & i moved back to my parents but social servicres contacted me asking me to take over custody of my 1yr old son and 4yr old daughter, i gave up my job, my family found us a flat etc and i went thro court with her stupid accusations but ive now been informed her parental ban has been lifetd and she could take back the kids and i cant stop her?? i dont trust her to lose the plot again and i know shes mixing with the wrong ppl, the kids are now settled,in school and doing very very well....i cant afford legal costs but i dont know were to go from here...any advice???Im desperate
jo3796 - 4-Aug-19 @ 7:14 PM
How do I apply for full custody of my daughter, who is 9 years old. Her father has no interest and refused to respond to ny messages. I need a full custody order so that we can travel to and fromSouth Africa ( my hone country) without his permission.
J - 30-May-19 @ 10:45 AM
Kia Baxter won't let me see or evun speak to my children please I don't no haw much more I can take please I'm in Peece's it has been 14 months since I last spoke to them my yungist dust even no ho I am or wot I look like please I can't go on like this eny more I'm at the end ove the rope please help me please
Tarot fawcett - 15-Apr-19 @ 12:03 AM
kindly take my daughter away from my baby mum she refuse to let me talk to her I have no access to my own daughter,I don't even know what forms she is in school,I try to come to terms with her mother she never let me,she is in her third relationship now with another man child,she don't have any time for my daughter or the rest kids,please safe the life of my daughter, I ask her to tell me what form she is and I need to know her life she just don't let me near my girl,and I don't trust the man she married she could be pedophile. please safe my daughter.
murphy - 4-Dec-18 @ 2:30 PM
Me and my husband are splitting up and he is threatening me if I take my kids he does nothing for them and never has what can I do
Ej - 28-Nov-18 @ 11:14 PM
I have spent a lot of money on trying get some access to my 3 kids but my ex wife caused me of domestic voilence and stoped me from seeing my kids. I was told by the court I have to do a course which cost me nearly £2000 which I have completed but now I don't have any money left to pay a solicitor. Does any one know how I can prepare and present myself in court to gain any form of access to my kids. I am not a violent person I love my kids and miss them so much
GP - 3-Nov-18 @ 12:26 PM
Can you help me my ex partner is trying to take my daughter away from me when she's been born thanks hope to hear from you soon
Kyl - 30-Oct-18 @ 5:20 PM
Hi I will to know I lose my 3 kids costudy because I was in a domestic abuse with my ex boyfriend and I was affected with that and I was negelt my kids when I was depression it was 2014 my ex husband have full costudy of them by the court and now he is abuse my kids we gt the police involved and social services . In but I have my baby was born and I do a parenting assessment after my ex boyfriend go to jail for abuse me and I pass and it been 2 year I don't have any prb I done all my work with social services all was positive I don't have anymore social services in my life now but is it any way I can have costudy for my other 3 kids who live with my ex husband pls I need a answer as I am actually going to court when I have all prove to prove to my solicitor thx
Santiago - 24-Oct-18 @ 3:32 PM
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