Applying for Child Custody

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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.

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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?

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.

The Next Step

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Ask Law and Parents a Question
LawAndParents Editor 21/05/2026 at 9:19 am
@Mana Hi Mana, happy to help where I can, but you'll need to share a bit more detail about your situation first. Things like whether you're married to the other parent, where the child currently lives, and whether you've tried mediation all make a big difference to the advice. For anything serious, I'd also suggest speaking to a family solicitor, as many offer a free 30 minute consultation. Citizens Advice is another good free starting point.
Mana 12/07/2023 at 4:31 pm
Hi
I need some inquiries about child custody please thanks
Rutukea18 22/05/2022 at 5:46 pm
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...
lisa 04/09/2021 at 2:03 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
Ts 09/08/2021 at 11:04 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.
CR 09/07/2021 at 11:57 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 wants financially towards my daughter upbringing. And it is always me alone for everything my daughter needs. Please advise can I have some advice
Punam 27/06/2021 at 5:45 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.
KAMINI PATEL 31/05/2021 at 1:44 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
Jade 15/05/2021 at 10:38 am
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...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
Manda 06/04/2021 at 4:03 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
Alia 10/12/2020 at 11:28 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
Lewisw 01/12/2020 at 6:29 pm
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.
Tricia 18/10/2020 at 8:24 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
H666 23/08/2020 at 3:13 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.
Selene 02/07/2020 at 9:07 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?
Bruno 26/04/2020 at 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 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 26/04/2020 at 11:39 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.
Frank 13/04/2020 at 1:23 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?
windy house 15/01/2020 at 8:47 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
H 07/01/2020 at 1:18 am
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?
Diana 27/10/2019 at 9:38 pm
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 ?
Bubbles 16/09/2019 at 11:08 am
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.
Emma 06/08/2019 at 8:52 pm
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
J 30/05/2019 at 10:45 am
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 from South Africa ( my hone country) without his permission.
Tarot fawcett 15/04/2019 at 12:03 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
murphy 04/12/2018 at 2:30 pm
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.
Ej 28/11/2018 at 11:14 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
Kyl 30/10/2018 at 5:20 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
Santiago 24/10/2018 at 3:32 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
Jonesy123 12/10/2018 at 9:04 pm
Hi really need some help here. I made a massive mistake and drank while my 2 kids were at school, only due to pick the boy up. I've been very stressed and I didn't think I was drunk. I picked the child up and we had an altercation, he refused to get onto the car with me, we had a massive argument and he ended up leaving with a family member to walk to there house. I was livid, and hysterical at the same time, and tryed to run after him. I ended up having a car crash, as I was so emotional. I ended up in custody for the night, and while my phone battery had died, I couldn't reach the father of the other child, who was due home that night. The school rang social services, I presume, and the next day when home, the father of the boy told me the boy didn't want to speak to me. He was hysterical and angry. The father of the girl completely blocked my number all together, and haven't contacted me at all. I haven't seen either child since, or spoke to them. Boy blocked me too. I've been told both are going for custody. I've previously had past problems with alcohol, but after this I be we want to touch a drink again. Please tell me how I can win the custody battle, proving that I have indeed sorted myself out? They both live with me, but see there dad's on a regular basis. I've never stopped them seeing there dad's. How can I fix this problem?? I'm so desperate. It was a very very stupid mistake ,and I'm paying the ultimate punishment. Also, how do I go about putting my case across? How long does the whole process take?? And what are my chances? As I will defiantly never do anything that stupid again. Please help me
Shan 04/09/2018 at 9:49 pm
How would I go about getting full custody of my two boys from my ex husband as he is never round for them. He also does not pay nothing for the kids.
Chan 18/08/2018 at 3:37 pm
Hi, this is just a brief break down, I have meet this man through work 1998 then I left for another job a year later, we lost all contacts but got re-contacted by an ex manager early February 2010 we kept in touch then got involved with him October 2010, got engage December 2011, we had child 2013 now 5, but he’s got 4 other children by his late wife, I had one from a previous relationship. During that time I start getting to know him and some of stuff I can not repeat, I have suffered constant verbal abuse and physical abuse, I almost took my own life but that night I cry and I pray for strength, soul searching and peace and hug my children, I have to protect my children and be hear for them. I wasn’t allowed to talk to anyone, go anywhere without him being there getting dropped off at work, he’d even stork me at work, I removed myself from all social media because he said nobody likes me, he told me I was ill and that I needed help, I don’t need to go church or give to charity, he would check my phone, email very much in control my account which he’d check. I couldn’t even speak to my own family with whom I loved dearly I’d literally cut them off. My closes friends and families and even his own children try’s to warn me but I was so blindsided by a con, a narcissist, a control freak and all messed up man. Break up and get back because of the children but it got worse, I wanted out I took my children and lefted. I had counciling my doctor, my preast and mindfulness program my life was a logo puzzle putting it back together. He had access to see his child but the disappointed promises and upsetting my child then I have to explain for multiple times he’s not turning up it breaks my heart. He doesn’t contribute at all but goes on the most 5 star holidays, drive a jaguar, exspensive dinning, not got a job and always his high horse. Now that he’s no longer in control, I he’d took me to court to get full custody he told me I was going lose anyway he’s got more money than me and I am not capable of taking care of my children and that I couldn’t afford a lawyer. He actually under estimated me little does he know my prayers had been answered a week before the court a lady just happen walk into the store then started talking to me she give some tips on family court, then three days before the court another lady “angel” was sent to me started talking she gave a family lawyers number and she call right away, 48 hours of emailing documents and phone calls, he’d offer to me meet me court day. Faith and god is by my side there was an arrangement for him to see his child for a few hours then sleep over every other weekend, he told the court would pay £200 per month for child maintenance but it only lasted probably less three months, he did not follow through with the court order, it was pointless for me to keep on paying lawyer fees for him to come and see their own child. Now it’s well over a year since he’d bothered or to have any form of relationship with
Feelingnumb 17/08/2018 at 6:23 am
I currently have 3 children in foster care and i am 30 weeks pregnant. Im not going to deny or beat around the bush the reason for them being taken was neglect, poor home conditions etc due to a deterioration in my mental health which i didnt notice the severity of my depression until it was too late... since January i have dramatically turned my life around working with professionals instead of hiding away, maintaining routine home conditions, self empowerment , my unborn baby (unexpected) has been put on a child in need care plan following a case conference 23/07/18 and i am working with all involved. On 24/07/2018 it was a trial for the final hearing of my other three, instead of going against LA and having to give evidence in courtroom our barristers managed to come to an agreement, detailing expectations for all inc etc,
I agreed to the condition of the kids staying where they were for now as i needed to show more consistency and coping with a newborn to social services plus the upcoming cesarean section and sterilisation recovery period on the understanding contact would be for 3 hours on a Saturday ( as opposed to 1 hour 3x per week)that it would be regularly reviewed and the possibility of the children returning home sometime in the near future wasn't out of the question.
I know as difficult as it was i was thinking of the best interests of my babies at this time which the judge commended for so they were subject to a full care order.
Current contact is for an hour and a half every monday which is killing me!!! Because apparently we need to build up to that 3 hours so its not too much ( the contact centre cannot facilitate this
Purple 16/08/2018 at 12:14 pm
My daughter is 12, I ended an abusive relationship with her father when she was 3. I had to get an emergency injunction at the time because of how he was with me. Contact has never been great, I have never stopped it but he has never made much effort to keep any contact with her. In 2013 my daughter told him she no longer wanted to see him, I suggested that he write letters to her to maybe build a relationship but she’s not received anything in the post, not even a birthday/Christmas card. There has been no contact since 2013. Id like to apply for full custody of my daughter but I am worried that I will need to face him in court or that it will bring him out of the woodwork and he’ll start hassling me again. I was diagnosed with PTSD and I suffer with anxiety due to that relationship and this makes it worse, the thought of seeing him, him trying to get in touch with me again etc.
Sam28 13/08/2018 at 11:37 pm
My daughter is conflicted about seeing her dad. She is 9 and did not see him for 18 months while he was in a relationship, since which has ended. He has reentered her life which at first was well received but has since turned sour. Now my daughter hides from the phone ringing and anytime his name is mentioned bursts into tears. During the time he was away she started seeing a counsellor to help her express the feelings. I have tried explaining to her dad that she may have some unresolved issues with him leaving but he is refusing to talk. Now my daughter falls to pieces everytime he texts me. I cant bare to see her like this anymore
LawAndParents Editor 03/08/2018 at 10:37 am
Talk to social services. Was your daughter adopted or just put into the care of your brother and his wife? Have you had an ongoing relationship with your daughter?
Maram 31/07/2018 at 9:05 pm
Hi my question is a bit different from parents but ex sister in law. My daughter is now 12 she was taken from me when she was 4 by my family as I got married she went to live with my father then he passed then my brother and wife took custody of her now they are divorced she now lives with ex sister in law is now have 4 more children with my husband I have recently found out that where my 12 yr old daughter is living is not suitable in my opinion as there are 4 people smoking weed every day and night and 1 other person who lives with ex sister in law is on a lot of medictation for PTSD and depression and other problems now me and my husband we don't drink nor take any drugs we keep our self's to our self's my question is what is the chances of getting her back with me here mother thanks
Shazza 18/07/2018 at 12:23 pm
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
Jana 15/07/2018 at 9:24 am
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..
Toni 04/07/2018 at 6:37 pm
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?
LawAndParents Editor 02/07/2018 at 1:00 pm
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.
Mr J 01/07/2018 at 12:05 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?
Ali 26/06/2018 at 8:29 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.
justme 13/06/2018 at 11:18 am
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
LawAndParents Editor 04/06/2018 at 2:47 pm
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.
Sashquach 03/06/2018 at 8:03 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
Matty 01/06/2018 at 2:38 pm
Any help or tips on children's custody for a dad.my ex partner and I have 2 kids social services are involved but very negative help as my ex partners mum is quite high up in children's social services and can't prove her involvement presently but I do know she deals the hidden hand concept to the children's interests but the children's mother suffers depression goes on benders with drink and drugs and has known to do disappearing acts when she should be having contact with the children my question is how is the best way forward to achieve full custody of my children and protect their well-being as the children have informed me that there mum has on many occasions had random male friends constantly at there home so you can guess my worries social services have been made aware of on going situations where the mother S be haviour goes off track but lack to intervene as they say it's okay they with a responsible adult IE her mother the social worker so how can I break this behaviour and get custody of my children thank any one with reasonable tip or help
LawAndParents Editor 01/06/2018 at 1:48 pm
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.
CharlotteM 31/05/2018 at 9:35 am
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?
rahul 26/05/2018 at 7:35 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
Boo 23/05/2018 at 3:59 am
Plz ignore my first email address. And do not REPLY my husband is using the same email account. (URGENT)
LawAndParents Editor 08/05/2018 at 2:00 pm
What is your question exactly? Sorry it's not clear.
Superdad 06/05/2018 at 10:17 am
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
LawAndParents Editor 04/05/2018 at 2:36 pm
Unfortunately we don't know enough about your case/circumstances to advise on this. Hopefully the court case will clarify things for you.
Riaatoni 03/05/2018 at 12:13 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??
Blondebunny 27/04/2018 at 11:27 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?
LawAndParents Editor 27/04/2018 at 2:34 pm
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.
Kevin 24/04/2018 at 10:38 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?
Yaya 20/04/2018 at 4:45 pm
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?
Traceymollytheo 18/04/2018 at 9:00 am
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 ??
LawAndParents Editor 11/04/2018 at 12:57 pm
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).
Magpie 10/04/2018 at 5:12 pm
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
J 01/04/2018 at 11:56 pm
I have a 6 yr old son who has little contact with his father since he was born by his own accord he just did not have any interest of our son at all he moved abroad and never set any contact up or never messaged to ask about our son until 2 years later I messaged and said he needs to see our son so I visited for 2 weeks he still had no interest just interest in us getting back together, which I agreed hoping he would spend more time with our son, I left after 5momths as he was abusive and controlling the reason I left him when our son was 1, he moved back to the uk where he stalked and harrassed me which is on police reports, I got into a new relationship now been 2 years and for a few month my sons father asked to see him but it was not genuine and I didn't think it was safe as the abusive he given me in front of my son it's been 1yr6moths without any contact again. I filed an application to court to ask permission to move to New Zealand with my new partner who's a citizen. And now my sons father has put an application in for my son to live with him permanently and that I'm unfit mother nothing to prove what he is saying and I'm scared to think my sons father will take him off me my son hardly knows him and doesn't refer to him as dad! Just the thought of him being removed from my care is sickening! What are the chances of this happening ? Thanks
John 31/03/2018 at 9:43 pm
Hi. My ex partner decided to cheat and end our relationship. We have a three year old daughter that resides with her. She let's me have my daughter 2/3 nights a week which I'm lucky and can make this happen around my work. She has work but is cash in hand. She lives in a council house on benifits with her new partner who takes cocaine and drink/drug drives. She also has a 18year old son who has just moved back in who Is also on drugs and fear for my daughters upbringing whilst in her care. I moved away to stop any future annomosity but feel my daughter would be far safer with me. I have contacted a welfare officer but haven't heard anything back yet and would like any advice possible as to next steps to take?
LawAndParents Editor 20/03/2018 at 12:58 pm
If you can't get her to agree to a more equal split and fair conditions, you can try and come to an agreement using a mediation service. If this fails, you may need to apply to the courts for a child arrangements order.
LawAndParents Editor 19/03/2018 at 2:04 pm
You will already be considered the main carer as your son lives with you full time.
Big s 18/03/2018 at 11:14 pm
I split from my partner and now from 3 days a week I now have him 2 and under her rules what can I do
Saintdee 17/03/2018 at 12:53 pm
Hi, I have been split from my ex wife for 4 years now. I have had my two children living with my 50/50 every week for the last 4 years. This is 7 nights in every 14 so it is exactly 50/50. I also pay their mum maintenance money in line with what the calculator says. I also pay for school trips, some uniform and clothing and swimming lessons each week. I do not get any of the benefits as these all go to their Mum. I have given Extra money to their mum and advanced Maintance payments many times to help her out when she needs it. I am with a new partner for 4 months now and we are going to go away for a week in the summer, as soon as I said this to my ex she got annoyed and she said she is taking one night away from me from now on. She knows the girls are my world and This will hurt me. I’m going to my solicitor next week. But just thought I would ask opinions or advice on here from people as I’m feeling anxious and low about losing time with my girls. Thank you in advance
Chynesa 16/03/2018 at 4:08 pm
Hello,
I have a 4 yr old son who lives with just me, his father has made it clear he doesn’t want to be in any part of his life. He lives in Nigeria, we are married for 5 years but separated for 3 years e doesn't see our son since he had 1 year old, when his father left the country. My husband doesn't have any contact with our son has himself denied to talk on the phone with his dad. His dad doesn't help financially and doesn't contribute with nothing for his well being. Would I be within my rights to apply for sole custody of my son? I work and solely support myself and my son. Would an application be successful? And how long all the process would take to come to a end? Many thanks
DesperateMum23 14/03/2018 at 3:20 pm
Hi I need help. My ex took my son away from me and gave himself full custody. I'm only allowed to see him for 2 hours a week with him and his mum there. He's saying that my son lives with him now when he isn't but he's staying at his mum's. I'm trying to sort it out as I've already attended mediation and they said to get full custody of my son as they don't see him attending mediation. (I had to travel far to go to the app)
I will need help with costs to do this as I'm on a low income and I'm struggling to put a roof over my head, I may even become homeless because of what he's done.
I just need help and advice please
LawAndParents Editor 12/03/2018 at 12:41 pm
Make attempts to discuss the matter with the father so you have evidence that you have tried to be reasonable. To back this up, write a letter saying that the court order has been breached and you would like to reinstate contact as dictated by the court order. If that fails unfortunately you will have to return to the courts for enforcement.
LawAndParents Editor 12/03/2018 at 12:35 pm
We don't know what your chances would be as it's up to a court judge to decide this, one who would have all the facts to hand. Being caught drink driving doesn't necessarily make a father unfit to look after a child, so a judge would investigate all the circumstances.
LawAndParents Editor 12/03/2018 at 10:28 am
No, the other parent (with parental responsibility) has a right to be involved in important decisions in your child's life such as schooling, health etc, no matter how much contact they have. If you have a shared parenting arrangement, you have to accept that while the child is in the care of the other parent, they are responsible for making decision that arise during that time. If you can't agree on important issues, it might be worth considering involving a third party to mediate rather than expecting to have the "final say" at all times.
Mrsssss 09/03/2018 at 3:24 pm
Hello, I'm hoping someone can help me. Last year my ex took me to court accusing me of neglect and abuse of our daughter with who I had a shared care agreement, after a seven month legal battle (during which my ex only allowed me to see my daughter for nine hours a week) the judge decided that there was no neglect or abuse , I admitted cannabis use as part of my section 7. I was transparent throughout the investigation and the judge reinstated the shared care agreement. Since court my ex has tried to overrule the judge and forcibly remove my daughter from my care. The last time he took her he made no allegations but refused to let me see her for ten days, when I was allowed to see her she told me her father wouldn't let her come home. Over the weekend my ex contacted me to say my daughter had seen some cannabis at my house (I dispute this) and is again refusing to return her to me and will not allow any contact with my family. He's insisting I take him back to court and will not reply to my pleas to let me see my child. Even though he's breaching the court order again I've been told there's nothing I can do! Any advice would be appreciated.
McNugget 09/03/2018 at 1:19 pm
Hi, me and my husband have separated and I am the primary career for our 16 month old daughter. My husband has a drinking problem and I have recently found out that he is not allowed to drive at the moment and based on past events and circumstances that add I have come to the conclusion that he has been caught drink driving. If I find out that my suspicions as true I wish to file for a divorce but I would also want full custody of our daughter. What would the chances of me getting custody be?
JJ 09/03/2018 at 6:50 am
We currently share parenting 50/50. Can I apply for sole custody but still allow them to spend this time with their dad? I don't want to deny any contact but I do want the decision making to end with me as poor decisions have already been made and I want the ability of the final say.
J 03/03/2018 at 12:12 am
If I want to divorce my husband but he wont leave the house that we own, if I leave and find other accommodation to rent as I believe it’s in our sons best interests we don’t live together, does that effect my custody.
Cat 23/02/2018 at 11:59 pm
Hi, I have a 4 yr old son who lives with just me, his father has made it clear he doesn’t want to be in any part of his life. He occasionally gets back in touch, sees our son for 3/4 weeks and then goes missing again. Would I be within my rights to apply for sole custody of my son.

His dad doesn’t help financially and has let him down on countless occasions. I work, I provide our home and solely support myself and my son. Would an application be successful?
Many thanks
Lauren_24 21/02/2018 at 7:42 pm
Hi I have a 7 year old son with my ex partner that was put into prison for domestic violence on myself. This happened in early 2014, my son has never seen or heard from my ex partner since, he does not even remember as he did not have much involvement with him before the split. My ex partner is on my sons birth certificate therefore he has parental responsibility. I was wondering because of the circumstnaces of domestic violence and absence from his life could this mean he could have his parental responsibilities taken away?
LawAndParents Editor 20/02/2018 at 2:51 pm
A residency order means your child lives with you full time and you are the majority carer, so you have full "custody" already. If you want to prevent the children's mother from seeking contact completely then it's different order you need to consider (most likely an injunction or PSO).
Selina Rehman 19/02/2018 at 11:53 pm
I have a 7 year old son who has lived with me since he was born. My ex partner the mother dissappeared on holiday and did not return after a period 7 months. We ended the relationship and both amicably agreed due to the circumstances of the mother she was unable to look after the child. She has not been in any physical contact with the child since 2016. She has the family house number to contact her son but has only contacted him by phone on 1-2 occasions. I am due to settle down and get married and I informed the mother about this giving her the chance to come to some sort of arrangement to see the child. She is now threatening to take my child away from me. Can you advise on what I should do and whether I would be granted full custody due to this. Iv asked by son if he’s happy but does not what contact with the mother. But I don’t want to deprive my child
Gman 16/02/2018 at 2:21 pm
Hi there I'm a single dad with 1 child with I have a residency order for and the mum of my child has not see or even bin to speak to in 2 years wots the possibility of me getting full custody of my child he is liveing with me and had bin his hole life
Tash 29/01/2018 at 3:38 am
Ex took son to different county, not returning even pulled him out of school, I’m main primary career,? He’s filed for full custody, rang family services with allegations, but no problems why I can’t have my son in my care,
Ex is refusing access to myself and my family, or returning him so he can go to school.
Where do I stand as a mother? I applied for to court for CAO, prohibited steps and specific steps to bring him back but he’s applied for CAO gor son to be in his care
LawAndParents Editor 16/01/2018 at 3:40 pm
This depends what outcome you want. You could apply for majority care of the boys? Or a PSO (Prohibited Steps Order) preventing the new partner from being present at the same time as them?
Wy6714 14/01/2018 at 1:10 pm
Hi all I have 3 boys from a previous marriage. Things have never been 100% amicable between us, but my boys interests have been been number 1. Recently I discovered my ex wife's new partner is smoking cannabis and keeps it in my children's home, which my ex assured me would stop. Within the past couple of days i saw my ex wife's partner with her father after a night out and he had a bag of cocaine on him, which him and my exes father were taking. My concern is that this is in the house and my ex is well aware. Obviously my number 1 concern is for my children but where do I go from here? The last thing I want to do is take my children from their mother but I can't stand idly by knowing this?
Richard 22/12/2017 at 12:03 am
Hi I have a 8mth old little girl but I'm not with mother no more I was there at birth but then she didn't put name on birth certificate and I havnt had my daughter once over night or on her own since birth and need advice as only getting to see her when mom feels like it please can someone advise what to do as her living arrangements at minute are bad and would like to go for full custody of my child
Mum 18/12/2017 at 5:37 pm
Hi me and my husband are currently going through a divorce we have 3 children together 4yr 3yr and 2yr olds. He is taking my 4yr old with him and I have the other 2 he is a very angry person although there has never been any violence between us there has been threats in the past from him to me. He hasn't given me or my 4yr old a choice in wither he stays with me or goes even though I have been the primary care giver for all 3 since they have been born and have people that would state that for me. He has always been a lazy parent and never done school runs or anything of the sort no doctors appointments or anything my 4yr old has asthma and must see his asthma nurse at least once every 2 months he is saying there is no need please can I have some advice on what to do my children have always been together and do not want them to split now thanks.
LawAndParents Editor 15/12/2017 at 11:58 am
You can apply for custody or shared residency...the judge will decide whether to award this.
Makenna 12/12/2017 at 3:53 pm
My partner and I split from a very controlled relationship and since then three of my children have chosen to stay with him. Two of the kids aged 11 and 9 are his but my 13 year old daughter isn't his..as she is from a previous relationship. Can you give me some advice as to whether I can apply for custody of all 3 or only my daughter?
I have been allowed contact with them one day per week but this was put in place by my ex.
LawAndParents Editor 05/12/2017 at 11:05 am
If you can't arrange contact between you, you might have to ask the courts for child arrangements order. The judge will decide based on your daughter's best interests. If you feel that your daughter will be at risk from her father being in contact without another person present, you should say so in court. You can't change your daughter's surname without the father's permission if he has parental responsibility (i.e his name is on the birth certificate or you were married at the time), unless you can prove he's dangerous or your daugter is at risk keeping his surname etc.
Dom 04/12/2017 at 6:33 pm
Hi me and my ex fiancé broke up 5 months ago where she moved to the Isle of Man with our 5 year old daughter. I moved to the Isle of Man with no family over here under the impression we was getting back together. Since I have been back this has not been the case. Our daughter doesn’t live with her she lives with her parents. During our relationship she was violent to me once and played a lot of head games with me. We’re would I stand on applying for full custody and moving back to England where my family is.
Ash192 02/12/2017 at 6:19 am
Hi myself and my partner have recently broken up and we have a 1 year old together, he’s always worked 6 sometimes 7 days a week and never had anytime to spend together as a family, the last few months of the relationship have been awful where he’s had me thinking suicidal thoughts because he’s emotionally bullied me every single day with name calling, putting me down and we even got physical in one argument 4 weeks ago where He was in my face so I pushed him away which ended up being a slap in the face and then he strangled me with my daughter in my arms on the bed to the point of nearly passing out. I’ve had threats he is going to beat me and get others to do it as well. He’s threatened to take my daughter and not give her back in arguments so I don’t trust him, he picks and chooses when it suits him to buy her food, I’m scared if I let him see her he won’t bring her back as he knows he has parental responsibility with him being on the birth certificate. He has a house in his name and I was staying between there and my parents and now things have gone sour he’s telling me to pack all mine and my children’s things and get out knowing it’s over crowded at my parents. I want to change her name but is there a way I don’t need his permission? Would I be granted full custody?
LawAndParents Editor 29/11/2017 at 12:10 pm
The courts look at all the circumstances and make a decision in the best interests of the child.
LawAndParents Editor 29/11/2017 at 10:31 am
The courts might order a CAFCASS report to take a look at your nephew's situation. Depending on your son's age, his views may be taken into consideration by the courts as well.
Jenjen 28/11/2017 at 7:17 pm
Hello I've just broken up with my partner of 2 years we have a 1 & a half year old daughter and he said he's going to take me to court for custody of her but he smokes weed all day everyday and when his mates come round they all smoke it and I've put my foot down I want him to quit but he has said no many times and he don't think it's a problem because he smokes it outside he also don't take the dog out for walks and he lets him do it in the flat and he don't clean it up I've had to take the dog out while I'm watching our daughter he didn't help me at all and didn't support me thought the pregnancy if I was to mention this in court what would they do would he still get custody or would I
Bella 28/11/2017 at 11:51 am
Hi my brother is thinking of going for full custody of his son as his ex partner suffers with bipolar Ans isn't looking after him properly - not feeding him, not collecting from school, being drunk & having physical rows with boyfriend in front of son. What proof wouid he need that she's neglecting him ? He has written down dates where son has called to be picked up as his scared or hungry & dates when she has had him (3 nights since 1st November). He is now having his son full time which she's agreed to apart from two nights a week. And his still paying her child mat of £50 a month. Any advice wouid be great.
Del 22/11/2017 at 10:46 pm
Have separate with my wife for 6 months now and all efforts to see the kids has not yielded any results but still send them money every month like dad,have missed my kids and can’t sleep although I they will be find with their mum but thinks this the best time for me to bond with them ... yes and don’t want them to start telling them they’re father don’t care about them and stuff which i know my wife and the mum knows how to do best ... am going through the long process but can’t wait any long , wish I can get some good response to ease my stress
LawAndParents Editor 10/11/2017 at 1:40 pm
If the children are living with you full time anyway this probably isn't necessary. If the children fear their father for some reason, maybe a injunction of some sort might be more relevant.
flo 08/11/2017 at 1:39 pm
Hi if abuse was a big part of the relationship and we are divorced .and the children fear they're father .can it be done for me to apply for full custody? He hasn't seen them over a year now .and won't apply for a c100 form .
LawAndParents Editor 07/11/2017 at 9:20 am
Just because he has applied for full residence doesn't mean the courts will agree to it. The courts might just formalise arrangements - perhaps allowing the father to have his daughter overnight a couple of times a week etc. The courts willl consider all the circumstances and make a decision based on your daughter's best interests.
LawAndParents Editor 06/11/2017 at 12:39 pm
We can't say how your circumstances will affect a court decision as they consider everything and make an order based on the best interests of the child.
Erika 04/11/2017 at 6:32 pm
I broke uo with my partner a few months ago, we have a 20 month old daughter, weve been having her a week at a time. But i want to go for full custody as we live in different cities and i wany to start her in nursery. She has lived at his(his parents) since she was born, but when we split i left his home.
We cant reach a mutual decision as we both want her full time and we juat end up arguing. Will the fact that shes been at his since day one affect the final decision in court?
LawAndParents Editor 01/11/2017 at 11:04 am
No, even if you are the major carer, the father still has rights.
Bella84 31/10/2017 at 5:49 pm
Hi me and my ex partner have been spitt up for 2 years we was together 13years in which we have never lived together so our 6yr old daughter has lived with me i have never stopped him seein his daughter as we live 5mins apart from each other he sees her most weekends and also takes her dancing 2nights aweek but now has dropped the bombshell he has been to see a soilctor and is goin for full custody yet i allow him to see her whenever he wants i am worried he will take her from me which is so unfair when i thought it was good how it was. Im not sure what to expect now ??
samantha denholm 29/10/2017 at 9:42 pm
i have currently seperated from my partner and we cannot agree to disagree..when we see other we argue..he doesnt live in the same city as us and wants to take the kids to his mothers to stay.the kids have been living with me for 3 months while he has been gone and not bothered to visit.if i was to go for full custody would this stop him from taking them out of the city?
LawAndParents Editor 23/10/2017 at 11:04 am
This is really specific legal advice you're after and we can't really give that unfortunately. A parent can usually take a child abroad for up to 28 days without permission from the other parent see this page for more information
Gouldy 19/10/2017 at 2:41 pm
Hi - my girlfriend and I along my adult family were going to New Zealand for nearly 4 weeks. Her 9 year old son was to stay in the UK with her 26 year old daughter and 2 cousins. We are both in our 50s.

She is in the unusual position of being formally divorced but the finances / custody are yet to be settled. She has been the main carer though her son's lifetime and he lives with her now. He sees his father every other weekend and each Wednesday. But he often does not want to see his Dad who seem seems to spend most of the time ignoring him or belittling his mother So the Wednesday visits have stooped and the weekends are becoming more sporadic.

After making no progress is settling the remaining issues my girlfriend is taking the ex husband to court. Her solicitor has advised her that taking this holiday without her son will be looked upon badly by the Court and may affect the custody decision.
Additionally, as she does not have formal custody she is very worried that if she went, he could just turn up, with the Police if necessary, and physically take their son back to the ex marital home (where he lives), and make his own arrangements for child care and ask the courts for permanent custody?

Would all this be possible?
LawAndParents Editor 19/09/2017 at 2:47 pm
We really can't say what the court would decide but they will order investigations into your daughters circumstances and make a decision based on her best interests. Are you planning on asking for full residence? Sorry it's not clear what your question is/ who is undertaking the report you mention.
Kp747 18/09/2017 at 5:45 pm
Hi,

I've had a verbal agreement for several years with my ex were I see my daughter 3 nights one week and 4 nights the next and this is continuous throughtout the year regardless of what days each others times fall on (Xmas, birthdays etc)

While this sounds ideal the mother has continously shown signs of possible neglect but with no proof I couldn't do anything as I only had what my 7 yo was telling me. She does like going to her mothers but its due to getting to do what she wants. She has told me she just spends everyday on ipad. Gets fed junk and doesn't have to do her own homeworks and has even missed school several times when her mum can't be bothered to take her.

Recently however the mothers own mum approached me with information. Apparently the mother has been taking drugs, weed and cocaine definitely. Possibly with my daughter present. My daughter feels her mum can act erratically at times and she sounds like she emotionally abuse her and makes her feel like she lets her down. The mothers mum has also confirmed the living standards as mentioned above as well as information unbeknownst to me until recently, that during the 5 years we were together she had cheated on me several times and used me to look after our daughter so she could live in that way.

My question is how much of this is likely to go into a report, how strong does evidence have to be to be considered. I fear for my daughters health and will be approaching our doctor to see about involving social services also in this case.
LawAndParents Editor 15/09/2017 at 12:01 pm
In any Child Arrangements procedure the judge will investigate all the circumstances relating to the child and any decisions made will based on the child's best interests.
Andy 13/09/2017 at 7:41 pm
What classes as mental instability? My wife is anorexic and in the past has nearly passed out whilst I was at work, I also worrie that in the future she may pass traits onto our daughter. Would this issue have much sway in a custardy hearing?
LawAndParents Editor 05/09/2017 at 11:03 am
The court will look at all the circumstances relevant to your daughter and make their decision based on her best interests.
LawAndParents Editor 05/09/2017 at 11:02 am
There is no reason why you and your partner could not share contact/residency as long as you remain living in the UK.
Jellyfish 02/09/2017 at 5:16 pm
My daughter has been residing with her father for 1 year, I want her to reside with me. Her father has a violent criminal background whereas I don't. Will the court take i to consideration of his Violent background and history with drug and alcohol abuse
aurora 02/09/2017 at 4:39 pm
hello! i want to leave my partner with which i am for 2 years and we have a son that is 13 months. Just went out of maternity leave and i work only 2 days a week. the house is his and aswell he pays the bills while i buy the food and the clothes for our boy. another point of importance is that he is english with family close by and i am from Romania and i am alone. How will i have to act to make sure i get custody of our son? i wouldn't mind sharing custody 3-4 days between but i don't want to leave untill i am sure that i would still see my son. thank you
LawAndParents Editor 08/08/2017 at 11:35 am
This would be for the courts to decide really. They'll look at all the circumstances and make a decision in the best interests of your daughter.
Harris 05/08/2017 at 7:31 pm
My ex husband is threatening to tak me to court for full custody of our daughter due to the fact our daughter witnessed a violent act in public on me by my ex partner. I am no less ne'er with this man and even have had put in place a non molestation order.

My ex husband sees his daughter every other weekend and takes her for half a day every Wednesday and he also gets a holiday with her and a few days during half term holidays. I have never stopped him seeing her. My daughter and I are very close and apart from my abusive ex who my daughter rarely saw, we were only really together whilst she stayed weekends at her dads, I wondered if he had a case?
LawAndParents Editor 28/07/2017 at 12:16 pm
We can't really say what the courts will decide on this sorry.
Suzanne Tait 25/07/2017 at 11:36 pm
Hi,
I think my ex is going to take me to court and I'm wondering if he'll have a case?
I have 2 children under 2 years old and they see their father regularly. (Stay with him once a week)
I've said he can't have them stay over on their birthday's ( the day I gave birth to them ) and I won't allow him to take them 260 miles away over Christmas every other year.
He's now threatening to take me to court. We've had a couple of mediation sessions and can't come to an agreement
fam 20/07/2017 at 9:48 pm
Hi, From my previous e-mail, I finally meet my son three times now. I am still having a lot of issues with regards to me going to see my son. I live in London and my ex partner live in Bolton. She has denied me several times to see him already, She is asking me to see my son on week days and will not allow me to see him on weekend as she is busy every single weekend with her personal stuff. The problem I have is that I work on week days and I can only have weekends off. I need help and advice to how I can apply for his custody and what more do I need to do for my sons custody.

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Hi, My partner have gone to her parents house and taken my son with her who was 3months old. She accused me of slapping her and i was given minor caution by police and got released. I have not seen my son for 2months and she is not letting me to see my son. I have tried to get in contact with her so many times and she has ignored me till today. I am going to see mediation to have a meeting after 5 weeks as she again refuse to see me any earlier until july 2017. I am so dying to see my son but have no clue what other options i have for his custody, Do you think i will be el8gable for 50/50 custody for my son as he is going to be 5 months in June. Pls help me...
Help! 17/07/2017 at 6:40 pm
Hi this is going to be a long one but could really do with some help.
So my and my partner have been together 2 years, he has 3 children with his ex witch he was with for 9 years. So abit about the story. They had 3 kids and then split (she went with another guy) she then moved with the kids and my partner didnt know were she or his children had gone, he after 18 months of trying he go her new address. Went to the house and she agreed to let him see the children for a few hours every other weekend. She would not let me meet the children as she said that was best for them, after about 3 months of my partner doing this she said they could stop at our house for the weekend (the first time i met my partners kids was when they stopped for the weekend) it continued to be were they came to us every other weekend... She then stoped them from coming because my partner let his boys watch a tv program that she said was to old for them, so they went to mediation. It was sorted out and stated that we would have them every other weekend, she had to tell him is there was any medical problems or changes to the kids and they would both only let the kids watch/listen to age rated things... But she is not aloud to tell my partner how to act/bring up his children when they are with us. Any way now she has picked witch secondary school her eldest is going to without talking to my partner about it. She is not telling us about school plays, she is telling my partner what time to put the children to bed... Asking him not to straighten his daughters hair... And bot following through with doctors appointments that my partner has asked her to make regarding one of the children... 1 of the kids has now said he wants to live with me and his dad... And said the reasons were because he feels like he dosnt get any attention off of his mum as she now has a new baby and her new partner has a son... He never gets any space or time to himself as there are 3 beds in his bedroom... And his mum makes faulse prommises to him... Im just wondering what we can do as i hate to see the kids like this, my partner pays her monthly, yet the children are all in second hand clothes or hand me downs and there trainers are walking off there feet so to speak! Help please
L3ann3 08/07/2017 at 3:09 pm
Hi I have a 13 week old baby with my ex and 3 sons previous I currently left my partner due to domestic abuse and child abuse to my younger son, he also snatched her last weekend and I had to get a emergency 24 court order to get back, I'm due bk in court but I think he wants custody off her but with me reporting it to everyone I needed too to get myself and children safe will he get it or access
Louise 02/07/2017 at 10:07 am
Hi,
My husband and I separated 18 months ago due to domestic violence this was reported and on the waiting list for crown court however I heard he was planning on moving to Australia (new girlfriend is Australian) so I withdrew my statement and the case was dropped. Surprise surprise a month later he is now in Australia. What I need to know is can I apply for sole custody so I do not need to seek permission from him when we go on holiday, schools they go to etc. I don't want to ban contact as the girls love their dad I just want to be in control of it and their upbringing. TIA
LawAndParents Editor 28/06/2017 at 11:03 am
The form to apply for full residency is C100 Child Arrangements Order. The courts may expect you to attend mediation first to come to some agreement, so it's worth trying this first. Give your reasons for asking for full residency, make sure that your case is centred around the children - it might be worth considering professional legal advice. The courts will make their decision based on the best interests of the children.
Legend 26/06/2017 at 4:57 pm
I recently split from my wife of 15 years, and she has since moved on and is in a new relationship with someone 80 miles away. She leaves to see him regularly and does not inform the kids, we have 3, and I am left to deal with the fallout! I have a full time job and I work around this to enable me to take and collect the children from school. I pay the mortgage on the property they live in and I finance the children day to day things when they with me! I have the children more often than she does and when they are home they do nothing with their mother as she is always on the phone/Facebook etc and the kids go to their rooms whereas I have one on one with the kids all the time. She is no mother, just a figure in the lives as and when she pleases. I have reported her twice to the police for abuse and a public order offence on more than 1 occasion. I want to go for full custody of the children to give them every chance of moving in the right direction in life and supporting them as best I can emotionally as they in a bit of a mess. Please advise the best way forward?
LawAndParents Editor 26/06/2017 at 2:10 pm
Yes a child arrangements order giving details of contact should help. Even though your child has a right to contact with his father, that does not mean his father can just turn up as when he pleases.
Amy 23/06/2017 at 6:40 pm
Hi, I've recently started looking into the possibility of full custody of my son.

My son lives with me full time and has done since birth. I left my ex due to domestic violence, i however didnt report this to police etc.

Since the start off 2016 i have been in and on and off court battle with my sons paternal grandmother. (Last court hearing was april) i wont go into much detail, but the first was to arrange contact etc so my son goes to her house every wedneday for 7 hours then every other saturday for 7 hours.

The most recent was her requesting overnights, which the judge sided with my solicitors offer of one saturday a month instead of her once a week.

My ex has been in and out of our sons life, had never shown any commitment to any of the professionals that have been involved. (Social services) he doesnt support him financally and through out the court process he never asked for his own contact. He was advised multiple times to put his own application in but never has.

He never asks about him, instead he will try to control me by using our son.

I am tired of him walking in and out when it suits him, because at the end of the day it will be our child who gets hurt. I dont want another court battle but i physcally dont know what else I can do. He doesnt provide for his child. I have a child arrangement order that states my son is to live with me, would this help? I am so concerned that all this is going to have a negative impact on my son. It is in every single report tha he is inconsistent, hasnt shown any commitment when it comes to his child.
LawAndParents Editor 20/06/2017 at 11:54 am
Do you currently share custody? If so you need to apply to the courts for a varying of child arrangements order and tell them that you feel your child is a risk by having a contact time, overnight stays etc with her father.
Chesca 18/06/2017 at 12:51 pm
Do you think I will be able to get full custody of my daughter? Her dad has a drink driving conviction, and also an assault by beating conviction and because of this a restraining order from our family home and street, he has beat me up in front of our daughter which has been recorded by police, I just can't trust him with her
Gizzle79 14/06/2017 at 5:24 pm
Hi , could i gain custody of my son from my ex , i ask regular everyday how he is ? how he is doing at school and if he had a good day?, i ask her to speak to me and stop ignoring me, but she hardly replies to my messages, i ask often to ring him but she is funny about this, i ask to see him but she makes lame excuses for me not to see him and nor will she let me have time with him in her home, so i cant interact with my boy he is 4 yrs old, and jus wants to play with his toys mainly , i work mornings as she doesnt, so i earn more than her, she takes my son out at weekends drinking with her family till 2/3am in the mornin before taking him home to sleep and often invites other men round knowin my dog hates strangers and could possible cause my boy to be confused , with all this info can i get custody of my boy ..!!
Achinlex 10/06/2017 at 10:49 pm
Hi, my ex partner and I had a bad time in January I got and injunction out on him that runs out in July but in between this time he has been coming to my property and sometimes staying. I have never rung the police as I didn't want my sons dad to get put in prison and my son losing the chance to have a father. But things have got worst he has always been an alcohol and drug user and has been getting worst. He has been doing drugs and drinking in mine and my sons home. I don't do either. He doesn't as much as know his son routine through the day and is forever walking out the door late at night when he is here to go get drunk or high. This has never been brought to the acknowledgment of police of social services as he always threatened me and told me they will take my son away. But now I feel like it's time to do things properly and make sure my son it's safer than ever before as he started getting violent and is always angry.
Sofia 06/06/2017 at 3:58 pm
Hey. I want to take fully custody of my son as my ex partner has a new girlfriend and hasn't been to see his son in weeks or even ask about him. He was never in our sons life till my son began to walk and talk and become more independent. My ex use to abuse me infront of our child but I never called the police as I was scared of him. He is a horrible person. He emotionally abuses me everyday and brings me down but then is all nice to be as if nothing happened and goes back to being rude. He can be a great dad when he wants to be but since he has been with his new girlfriend he spends more time and money on her then he does helping out with our son. And now he wants to take my son away from me to be a little family with his new girlfriend. I raised this little boy and have done everything I can for him and have tired speaking to my ex about arguments but he just says ill never win. But do you think I'll be able to get full custody of my son? Please help me
LawAndParents Editor 06/06/2017 at 2:00 pm
Are you a British citizen/passport holder? The maintenance issue will only be relevant/dealt with if UK laws apply to you, so there might be limits as to what you can do about that while your not living here. If you decide to move back to teh UK your ex cannot simply "keep your child" especially as you've been the parent with majority care for the past few years.
SS79 04/06/2017 at 6:03 am
My ex husband and i moved to another country 6 years ago with our son. a year ago, my husband got a job back in the UK and he left us to take up this job, shortly after, my son and i visited him in the UK and he told me he wanted a divorce. For the past year my son has been living with me abroad and my husband sees him when we go back to the UK and he has been over to see him a couple of times. Getting maintenance from my ex is like getting blood out of a stone and he barely contributes anything towards our child. I pay for his private schooling, housing, food, travel, holidays etc.

My ex is now getting married and has told me he wants me to move back to the UK with our son or else' see what I do'. I'm in no position to move back right now and its better for my son and i to stay where we are for financial an logistical purposes. I'm afraid if i came back to the UK and let my son see his father, my ex would keep him and not let me take him back .
Fam 29/05/2017 at 11:50 pm
Hi, My partner have gone to her parents house and taken my son with her who was 3months old. She accused me of slapping her and i was given minor caution by police and got released. I have not seen my son for 2months and she is not letting me to see my son. I have tried to get in contact with her so many times and she has ignored me till today. I am going to see mediation to have a meeting after 5 weeks as she again refuse to see me any earlier until july 2017. I am so dying to see my son but have no clue what other options i have for his custody, Do you think i will be el8gable for 50/50 custody for my son as he is going to be 5 months in June. Pls help me...
Jo 25/05/2017 at 5:04 pm
Hi,
My son is 9 years old, I have been having him every other weekend and every Wednesday evening. This has been going on for years. We have been happy with this situation for such a long time.
His mum has recently got a new boyfriend after several years of being alone and since this man has been involved (a year and a half) there has been problem after problem. Because of the nature of my work I cannot finish early enough to go and see my son during the week except Wednesdays but they are throwing the fact that I don't see him in my face. I bought my son a phone so he could contact me whenever he wanted when he wasn't with me but a couple of months ago while I was on the phone to him his mums partner snatched the phone off him and threw it out of the car window. He has phone me today to say that I am not aloud to buy him anything for his home and if I do it will be thrown away as soon as he comes home with anything.
The new partner has a daughter that he sees for a couple of hours every other Sunday because his ex has a court order on him.
My sons mum has bipolar and has caused me and my family a lot of grief for many years.
All I want is for my son to be happy and I believe he will be happier with me. Would I have enough grounds to apply for custody?
He seems to be happy enough at home but there is always a dark cloud over him and I think he has learned to disguise his feelings.
I really need help now.
Thank you.
LawAndParents Editor 11/05/2017 at 2:10 pm
If you all agree, you may not need a court order. However if you go to court and a residency order is granted, the courts could also include details of contact arrangements with the mother. This will help to clarify things moving forward.
froggie 10/05/2017 at 12:30 pm
Hi

My Husband has a child with his Ex, We recently have all decided that it is better for his son to come and live with us. How do i make this legal. His mother does not want him. I want to make sure my husband has full custody and rights and that his ex does not just want us to have him and then change her mind in a few months.

Please help me. do i need to go to court for this?
LawAndParents Editor 09/05/2017 at 12:14 pm
No a court will prefer it if you can make your own child arrangements amicably.
Dan 07/05/2017 at 8:29 pm
My ex wife have already agreed terms of custody so do we still have to go before a panel
Nicola 19/04/2017 at 3:47 pm
Hi my partner and I have recently found out my partners daughter is sharing a room with her grandma, we both thought she shared with her mum. We are both concerned over the child's welfare and don't know if we have a case to gain full custody, I've got two children myself and his daughter would be sharing with my daughter. Do we have a case to start from?
Kelly93 13/04/2017 at 12:29 pm
My son is one next month and I will not allow his dad have him over night as he has history of alcohol and drug abuse. He has turned up to see my son smelling of alcohol previous, and also harassed me when he was drunk by calling me at 2am. I have reposted this to the police and it was classed as harassment and he got a warning. If I wanted to get full custody without going to court is there any way? I don't trust him around my son and his never been alone with him as I cannot trust him not to drink. What case do I have?
Ron 08/04/2017 at 7:20 pm
Hi I have a little boy and he's 3 my sons. Mother stops me seeing him because she can't have me I ain't seen since he was 11 mouths old I've seen him the odd times with mother come I get half custody of him
Pain2017 28/03/2017 at 10:42 pm
Hi can my partner have the kids live with her even if her ex partner cheated on her and try every way to stop us from having the kids
Nicole 24/03/2017 at 5:17 pm
Need advice ,I have a 12 yr old son who has lived with me since birth ,I split with his dad soon after birth he has been paying for maintenance every week through the csa every week ,but since the change of csa to maintenance recently ,he has become reluctant to pay,the child maintenance recently got in touch with him to start up payment from him but he told them he has his son for 2 nights over the weekend ,while in fact he spends only one night,he recently called me and told me to call child maintenance and lie to them to let them know he spends 2 nights instead of one or else he would take me to court to get custody for his son.what do I do?
Julia 02/03/2017 at 12:24 am
I need help to get full custody of my daughter I am the mother and I have her teeth been living with me for through it but five or six years
LawAndParents Editor 24/02/2017 at 11:40 am
Anyone can apply for full custody...whether they will get it or not is another thing. If the father doesn't think he sees enough of his son, or that his son would benefit from having more contact with his father, the parents should discuss this and try and come to some alternative arrangements. Maybe a 50/50 split etc? If they can't agree mutually or using a mediation service, then he can apply to court. The courts will make their decision based on the best interests of your grandson.
Stevesjem 23/02/2017 at 10:27 pm
Hi, my partner went on holiday to Slovakia with our 21 month old son and refused to return and is saying she will not return to England , I have started a hague application for the return of my son who was born and lived in England since birth, can I go for full custody of him as I fear that she is not thinking of our sons best interests as she doesn't seem to care about my son and me having a proper father son relationship
Gran10 21/02/2017 at 8:15 pm
Can my granddaughters ex partner from over a year ago apply for full custody of their son. He has never paid one penny towards his keep although he says he buys him clothes although never sent home with him.my granddaughter works pays for nursery and everything her son needs he's all of a sudden decided he wants full custody. She allows him 1 night a week and every second weekend.he's now recording every phone conversation talking rubbish saying she's smoking drugs she never has but him and his family do. Does he even have a case for court
CG 02/02/2017 at 8:32 pm
My husband left me when I was 6 months pregnant, is name is therefore on birth certificate. He saw our daughter a few times for a couple of years, but we have now had zero contact for over 5 years and I have no means of contact. How do I go about getting sole custody legally?
Onelastrequest 30/01/2017 at 3:42 pm
My now ex has a lot of problems - selfish, lazy, self absorbed, self harms etc. I've tried to help her with these issues but she just blames it on everyone else and it made our relationship impossible for me. I told her we were over and that she can stay in the house as she has nowhere else to go and I would never make my daughter homeless. She has however left and is staying with a friend (and her parents). Despite having a full time job, when I'm home I do about 80% of looking after our daughter (8 months old), majority of the housework, pay all the bills etc. I genuinely believe (as do many others) that my daughter would be better living with me full time, particularly right now as my ex has nowhere to live and no income. Is there anything I can do to attempt to get full custody so-to-speak right away? Or am I going to have to try to come to an agreement and then go through the courts, which will probably take months? I want my daughter home and safe!
LawAndParents Editor 30/01/2017 at 10:45 am
In effect you have full residency for your child because you are the mother and there are no other arrangements in place. There is nothing to prevent your ex applying for contact - the courts will refuse this if they do not think it is in the best interests of your son or if it will put him at risk.
Desperatemummy 29/01/2017 at 10:24 am
Hiya dont know where to start ??
My ex partner and i split when our child was 4 weeks old he stopped seeing him at 8 weeks old without saying anything, my son is now 5 and he still hasnt bothered with him, whilst together there was violence in which i did phone the police and the day we split he smashed my window covering my son in glass (4 weeks old) i called the police again and he was charged with criminal damage.
I dont want him to just be able to walk into his life if he ever decides to so i want full custody and to take his rights away.
Does anyone know how i go about doing this?
Ana 28/01/2017 at 10:21 am
Hii
2 years ago me and my partner split...
We never were ok... now just gone worse as I left my sister and moved in with my fiance.
He keeps breaking promesses like scare her for potty when she was going. She come with nappy rashes. All sorts. So I told him until he prove he is capable of looking after her he would have to visit her in the house. Stay as long as he likes but not taking her... anyway when he has her always stays indoors not going out of the hotel... as he lives far.
When I tell him to come he refuses and say I'm stopping him to see her. And he will call police. I am metals so stress I dont now what to do anymore... pleaseeee any advice????
Kazo 27/01/2017 at 8:16 pm
I got divorced 3 years ago, and I have 2 children ( 5&7 yrs old) . While getting divorce, the court asked us if we can sort the children situation between us or do we need a courts help. We did say that we are ok - we filled in one of the forms stating visiting days and hours ( he sees them once a week for 2,5hrs and every other wknd) Does that mean we have shared custody? How can I check it?
ajf57 23/01/2017 at 9:37 pm
My eldest son is having marital problems with his wife. There is no suggestion that there is any abuse. It seems she feels trapped. He has a god job and has tried to accommodate her wishes.
This last weekend she took the car and headed north to visit her sick mother, which is normal. But she refuses to say when she's coming back and doesn't telephone or seem to want to talk with her children.
They have been married 10 yrs, he is 34 and she is 40. As his father it's hard to wacth this happen and be un-biased. I've always adopted a position of supporting 100% my children's spouses and I have.
What options does he have 'if' she decides not to come home?
Hols 14/01/2017 at 12:19 pm
His I split from my husband in Feb 2015 we have a 4 year old nd a 3 year old he sees them twice a week one day from 9 to 5 nd other day 3.30 til 5.30 he expects me to bring them to him nd collect them as well I live a 45 mind walk away from him nd a 29 min bus ride away Ibe asked him to share the journey wit me I take kids to him nd he brings them back he is kicking off satin I should do both ways as I don't wrk he has be abusive mentally nd verbally threating to take them away from me nd report me to social I do everything for my girls but I'm at my widths end now my only way forward is to go threw to courts nd get a court order for access in progress nd get mediation set up I need some advice on how I can progress I have recently got Iver depression
Danish Girl 13/01/2017 at 4:03 pm
I moved out to Denmark 18 months ago with my son to live with my (also British) partner and his children (who are half British/ half Latvian and born in Denmark). My son's natural father doesn't have parental responsibility and does not appear on his birth certificate. He's known my partner now for over 3 years (he's 6 this year). My partner and I are getting married this summer in the UK, and my son is with him at home on occasions when I work abroad. How do we create a parental responsibility/guardianship for my son with my partner. We are happy to consider adoption further down the line, but want something legal set up as soon as possible. Do we need to do this in the UK or in Denmark? One thing is that i make him guardian in my will, but we'd like him to have a legal responsibility for him so he can function as a parent in my absence (e.g. taking him on a flight/ for school etc. here).
LawAndParents Editor 04/01/2017 at 11:53 am
It's worth discussing with her to see if you can come to a mutual agreement that the children reside with you. If this is not successful, you can apply to the courts using form C100 for a residency order.
Eltel76 03/01/2017 at 10:52 am
I have three children with my ex wife, two sons of 16 and 18, my daughter of 12 wants to live with me. Their mum, for some strange reason has taken to going out every night, often leaving my daughter on her own until my 18 year old gets home from work. She often has different men staying or visiting which concerns me. She has no time for any of her children, she has a six year old son from her second marriage and he often gets forgotten about at home too. I've spoken to he's dad and we both agree that it's time we both got the ball rolling to get custody of our kids. Just need some guidance if anyone has any please
Grights. x 03/01/2017 at 10:48 am
My son father has not seen him for 3 years and in the time we have revived tgreats via third person which loved with the police he is all smoking heroin and doing other strong drugs he now wants access to see my son and also be harressed by messages from his new former girlfriend saying how many years am I going stop him but I never have I always said contact centre but never did and when social services was involed that arange supervised access as of his behaviour and drugs he was violent to me and really don't want my son around that as he doing so well at school doesn't rember him anymore or get upset so don't want being heard act back and even the let down as iknow he will as I the area I love in they all know everyone and they tell me it he off smoking crack with so n so so really just want to know we're I stand with this and what I can do stop his former girlfriend being involed as it has nothing to do with her only person is the rather like he should of with all opertunity he had instead drugs please need help
Jo168 02/01/2017 at 9:01 am
My son hasn't seen his dad for 9 years. He left when he was 1. There has been no contact for that time and I don't even know where he is. I would like to apply for sole responsibility which would ensure that he stays with my family rather than end up with him should anything happen to me. I've been told in the past that this is not possible without his permission. Any idea how I can approach this?
dad 25/12/2016 at 11:28 pm
Im a father of 3 but my eldest is with an ex partner whom has out of the blue decided not to inform me of her school activities, etc, and on my last date of collecting my daughter from her residents I decided in confronting these issues which resulted in my daughter being dragged away unnecessary. Since then my wife and I have contact regarding having my daughter with no reasurance I will see her again.
Sophia 16/12/2016 at 1:09 am
I have just finalised the divorce with the ex husband . At the moment custody is joint between us , but I want to apply for full custody, as we can't agree on anything to do with the children.

We have very such different viewpoints on raising the children, totally opposite ends of the scale due to our different educational and social backgrounds . There is no compromise available and we continue to argue . The Ex keeps going on that he has rights and continues to try and control me through our children . I Divorced him for unreasonable behaviour very controlling .

Eldest child is 4.5 and youngest is 2.5. Once we separated I pulled the eldest from normal nursery and this September put her in private school . Yes I did this without his permission as I knew he would never allow the children to attend a private school , but I would be paying all costs ! . I wanted my children to have the best education and opportunities / head start in life that I can provide. Second daughter place also secured in private school, so they would go together . The eldest loves the new school .

Ex husband doesn't believe in private school education / educating children (he thinks it's up to the school only) / disagrees with homework set for the children /not supportive (i.e. Doesn't spend time reading or helping teaching children with abc etc ) and the list goes on . Ex does not contribute a penny to education or tuition fees / uniform /lunch money etc . Basically if he doesn't agree with anything he never financially contributes . Overall Im fine if he doesn't financially contribute , but what the problem is that since he objects - I can't do anything , then he goes on about his parental rights .

I envisage that this behaviour of him not agreeing to something, will be impacting and will continue for the rest of their childhood. Envisage it will slowly creep into other areas such as location of holidays (he wants them to travel in Europe only - I let them see the world and different cultures) . For example I let them to travel to see his family in Italy , but he won't let them to travel to Vietnam as he says it's a 3rd world country and too far !

Again on children hobbies, since ex disagrees we argue all the time what's in the best interest of children. Typical arguement is that he doesn't want eldest to learn French , I explained it's part of her school curriculum. Find it hypocritical that he would approve of they learnt Italian at school as he is Italian .

Overall if I file for sole custody , will this mean that he can't stop me from giving my girls the best opportunities just because he doesn't agree with them ? , he wants them to grow up "average and normal " he says , hence we are always going to clash.

He doesn't pay for anything but continues to object to opportunities and experiences for my girls .

I financially provide everything in my house /live in nanny / bills etc , what he gives me in monthly mainte
DuncanMac 09/12/2016 at 7:29 am
I have two new twins who are living with my wife in Dubai as she will not come back to the UK. They were born by IVF using my sperm but a donor egg that I did not know about. The wife swears she told me but did not and then mislead me. I agreed to try for kids with her and agreed to IVF, much against my instincts, but never to donor eggs and am on record as not being happy about the concept of donors and calling a halt to the process. I agreed to have kids when we were both flexible about where we lived, she was living in Dubai (UK National) at the time and I living and working in the UK. I have tried to develop work in the Dubai but she has consistently frustrated my visits out there for numerous reasons ( family visiting, friends visiting, no room etc). She now does not want me to visit at all as she says she is too stressed and not sure about us. This after I just sold my house to send her £40k to pay next year's rent on her villa.
I do understand that she is in the first year and that there is an element of post natal and that pre natal she was pumped full of IVF drugs (mostly illegal in the EU as she went out side to Turkish Northern Cyprus and I since discovered we have no way of finding any information about the egg donor if the children need it in the future) - but the behaviour since the day after our marriage has been unusual to say the least and now I am not allowed a part of my children's lives. I am a partner in my own company and work from home most of the time and think I could more than look after the children myself in the UK, and pay for help when needed. How do I go about gaining custody in the UK - she is resident in the UAE( Dubai)?
LawAndParents Editor 01/12/2016 at 12:18 pm
He could apply for a residency order so his son can live with you if he feels the child is not getting the care he needs with the mother. The court form is C100. The courts may order a CAFCASS report to check on the child's family background and welfare etc.
natmc 30/11/2016 at 5:21 pm
i have a 3 year old son, his father has never paid any maintenance towards him. he seems to think he should claim half my benefits. I had depression for 3 months after my son was born because he made me feel like everything i did was wrong and i still feel like that now. I really want some legal help and to have it all in writing just to prove him wrong that everything he says is not true. he speaks to me like rubbish i have evidence saved from previous occasions. he seems to think its ok to have his son with his parents while he goes to have a social life. I have my son and my daughter by another man and do everything while they are with me i dont ever get anyone to watch them for me unless an emergency. It's just getting to the point where ive had enough and its not doing me any good just sitting back and letting him get away with it.
Danielles998 30/11/2016 at 1:54 pm
I live with my partner the problem is he has a son and his mother hasnt been putting him in nursry she lies to my partner about hos education. The child has come to us on a weekend with burns on his arm and lip his brother has broken his ancle years back his diet is not healthie the bairns mother feeds with sweets cakes ect. My partner and myself just wants whats best for the bairn. What advise can we get please help
LawAndParents Editor 22/11/2016 at 2:36 pm
You might need to sit down and discuss this with somoene impartial. If the mediation firm won't see you on your own, can a court order your ex's attendance? While you don't see your ex's fathering skills as being up to your standard, they will not get better if he's moved away. A court might consider all of these things impartially, so perhaps trying to raise the issues there might be better.
Annon 22/11/2016 at 9:37 am
I am going through a long divorce now 18 months and my ex is impossible to communicate with. We have 2 children, 3 & 5 yrs old and we currently split the care 50:50 but this isn't working. We alternate weekends & split the week up mon-wed then wed to fri. My issues are he doesn't give them a balanced diet, they look disheveled as he can't look after our little girls hair well, they don't have their teeth brushed in the mornings, messages don't get home from school to me in his care, the home work I've seen him do with our eldest isn't good enough, the children being so young are still confused when they are with each of us and the list goes on. I want to have main residency of the children so they are with me mon-fri then weekends with their dad with me retaining 1 weekend a month. Now there's another issue, I want to move to another county 2 hours away. Where we currently live and have for 18 years has been due to work & neither of us have any family or friend suppport network. They are all in another county and I desperately want to move back close to family and friends plus a better part of the country to bring the children up in than in the poor area we live in now. So there's 2 issues, wanting to change the childcare pattern and moving away. Both things my ex will NOT agree to. So how do I move forward?? He also has had depression, anxiety for many years and other health issues and i don't trust the children are always safe in his care in case he gets ill. The mediation firm we went to originally won't see me again on my own as he won't come, my solicitor is a divorce layer not family layer and i need advise badly how to move forward with a very uncooperative ex.
LawAndParents Editor 17/11/2016 at 11:58 am
Parental responsibility...not parental rights. You can apply to the courts for a residency order. If your ex was deemed an unfit parent - were social services involved? If so, they might need to be informed/consulted as well.
Jordan 16/11/2016 at 12:35 pm
I have an 11year old daughter who is under a parental guardianship who currently lives with her Aunty. This was due to her mother deemed as an unfit parent.

I had no parental rights as I was not on her birth certificate. I have recently been placed on her birth certificate & now have parental rights.

I have always maintained a consistent healthy relationship with my daughter. Who now want to live with me. Her Aunty & mother have no resistance & approve of this. How do I get custody & what are my options?
LawAndParents Editor 16/11/2016 at 10:50 am
Were you married at the time of their births? If so it's difficult to remove Parental Responsibility. Where Parental Responsibility is in place because an unmarried father is on the child’s birth certificate, you can make an application to the court to have it terminated. Whether they will agree to that or not, we cannot say.
Olly 15/11/2016 at 1:11 pm
I have 10 year old twin daughters, there dad has not been in there life's for the past 5 years, he has never paid maintance or giving my children anything. I would like full custody off the girls so he has no prenatal rights. I'm unsure of how to go about this or if I can.
Anonymous 12/11/2016 at 11:04 pm
Hi i am recently divorced and have a 3 and a half year old little girl who is my world
I have just had her for the last week and over the last few months there have been things happening that i believe to be a form of neglect. 1 hair not being brushed properly 2. Toe nails not being cut 3. Her mother told me recently that she had a sore ear and sent her to nursery when i had her this week i took her to the doctors as she was still complaining of the ear and she has 2 inner ear infections which i have sorted 4. She has never been taken to a dentist 5. Turns up in clothes too small for her. I have contacted social services and they agree it is neglect. Just wondering wether this will help me get full custody
LawAndParents Editor 08/11/2016 at 12:46 pm
You should seek advice from someone who knows your girlfriend (family member or midwife etc) or a professional such as a social worker first of all. They will be able to give you a realistic view on how your ex will be able to cope and what help she can get from other organisations. If you wanted to apply for a full residence order, you'd have to do via the courts - it's court form C100. The courts will always make their decision based on the best interests of the child.
LawAndParents Editor 08/11/2016 at 12:03 pm
If you can get to the bottom of what's happening with him, both you and his mum will be able to work out what might be in his best interests. Find a member of staff at the school to talk to first. Perhaps your son's form tutor or someone responsible for student welfare. They may be able to tell you/find out if there are other issues in your son's life. It sounds like there's definitely something wrong somewhere.
Anonymous 07/11/2016 at 2:14 am
Hi, so I've recently split up with my girl friend and we are expecting a baby in a few months time, she already has a child with somebody else! So she struggles with just her little one atm let alone another one! The main problem I have is that she does some drugs no serious drug!!! But I don't think she will be able to cope with both children as she also struggles to pay her bills for her house aswel, so because of this I'd like to know where I'd stand in this situation?
George 06/11/2016 at 8:53 pm
Just wanted abit of advice please, my 11yr old son has come to live with me about 2 months ago, as he wasn't getting on at home with he's sister to the point he was losing he's hair, stareing into space and just lost,
He's mum said it was best he came to live with me, he wanted to live with me and never wanted to go home,
So me and my partner have sorted everything out got him into a new school, and things was good, he goes to he's mum's every other weekend and everytime he's coming home he's starting making out he's I'll, then today he tried telling me he ain't coming home and that he was calling child line saying I threatened to punch him and crap like that, I went to he's mum's today and took him to the police station,
They have told him he needs to come back with me and that we should talk with the school, don't no what to do,
He's starting to tell lies and stuff,
Any help would be great,
thank you
George
zaza 01/11/2016 at 10:12 am
I want the custody of my 6years daughter I'm not allowed to see her after I left her with her grandmother caz after my mother past away I was straggling to raise her I devices to take her to her grand mother
zaza 01/11/2016 at 10:05 am
my name is zandile I'm 23 years old my mother died after I gave birth to my 6 years old daughter so bcz of the mourning of my mother I was no longer have access to see my daughter or visit her in her fathers place I need help I want my daughter back
LawAndParents Editor 27/10/2016 at 12:39 pm
You can apply to the courts for a residency order if your ex will not agree to this.
dan 25/10/2016 at 9:12 pm
Mother of my child is emotional abusive to my child via her new relationship how can I get him in my custody for his safety
Lou 19/10/2016 at 11:16 pm
Hey. I have been split from the babys dad for almost 2 years and he hasn't really been there much for the baby. Now he has a new girlfriend who has a child he wants him back in his life to make 'a family' how do i go about getting custody before he tries to do so himself?
LawAndParents Editor 14/10/2016 at 12:22 pm
You can just do it? Do you want to make it official etc? If so you can draw up a written agreement which you both sign.
Jim 13/10/2016 at 1:35 pm
Me and my ex have agreed for me to have full custody of my so how do i go about makeing this happen
A.H 14/09/2016 at 5:37 pm
My wife and 10 week old son have been in a sense forced and what seems to me as been KIDNAPPED out of my family home aided by a Social Worker..Health Visitor..THREE Police Officers and a SECOND SOCIAL WORKER WHO NEVER HAD ANY IDENTIFICATION ON HER!! All because the social worker attended the same family house yesterday on MY telephone request as I reported my wife is NOT eating..drinking and looking after her own health properly..so how could my son breast feed properly?? The social worker turned up yesterday and agreed to attend again today at 14:00 and AGREED to attend with a the health visitor and bring a translator with him so they could all communicate with my wife!!
It turned 14:00..social worker..health visitor turned up today but NOOO translator!!
How am I able to get sole custody of my son..and custody from the same unprofessional social workers and health visitors that HAVE made numberious of UNPROFESSIONAL MISTAKES such as-
*Providing me with an incorrect contact number!!
*Weeks after I obtained the CORRECT contact number..I rang..left voice mail messages..texts to the same correct social workers contact number but NEVER got a reply!!
*The health visitor CANCELLED a HOME VISIT appointment herself!!
*TWO weeks later..I was and merely ASKED the health visitor..when WOULD YOU be making another appointment for a home visit to see and weigh my son as you called the previous one?? She walked off saying "I can't deal with this"!!
*THREE weeks LATER..the same health visitor NEVER called me or posted out a NEW appointment for my son!!
If the professional authorities CAN NOT act OROFESSIONAL enough..WHO or WHERE does one turn to??
Please could someone or anyone HELP ME??!!

Thanks

A.H
Chy 10/09/2016 at 7:46 am
Hi, my ex is taking to court because he wants full custody of our 4 week old son, I was 15 when I feel pregnant n I'm now 16 he was 20 but recently turned 21, he a controlling person n constantly isolated me from everyone, I fear that my son will be taken from me, he is saying my family aren't safe but I had to move out of my mum's n currently staying with my sister, everyone I've spoken to about it have said he won't win but I'm scared incase he does, can anyone help n give there options please
Michelle 30/08/2016 at 1:24 am
Hi im applying for a divorce and would also like to apply for sole legal custody of my kids, since me and my ex went our separat ways, he has had NO contact with his children. I am wanting to get them new passports and due to my daughter breaking her leg it made me realise if somethink big happened again i might have to get his premission-we dont speak and he use to ignore my txts and phone calls he also ignores my older sons messages. What are the chances of me getting it and do i apply with my divorce or separate from it.
LawAndParents Editor 26/08/2016 at 2:39 pm
It's up to the courts to decide on issues like this (assuming your ex will not simply agree to your son living with you). The court will consider all aspects of your son's life and may order a CAFCASS family report before making a decision. The court form for a full residency order would be C100.
... 24/08/2016 at 12:36 am
Well me and my babys mum split up due to her being a cheat however she uses our son for a wepon if i speak to another female im not aloud to see him if i say 1 bad thing are take to long to reply i aint aloud to see him he is 2 years of age when i leave he crys as he wonts to come back home with me i am 17 he was consived when i was 14 she gave birth when i was 15 he is now 2 however she is 20 on september 22 ive been told of her shouting for no reason and smacking him i have reported this to social servies and they don't care they just say this and that to make an exuse he dont have a bed where he is staying he is in a travel cot but i have cloths and a bed and my name is on the birth certificate so would like to no if i would be able to go for full custerdy
Macca 23/08/2016 at 2:06 pm
Hi I split with my partner a few years ago and we have a 6 year old son together, he lives in Durham and I live in Manchester, it's become apparent in the last few days my ex is living with her new partner who is violent towards her and proceeded to smash her car and house up. I have a very good job with high income and a safe and loving house for my son. What would be my chances as I know fathers dont get equal rights
LawAndParents Editor 08/08/2016 at 12:56 pm
You would have to apply to the courts for a residence order. Note that a CAFCASS report and social worker involvement will follow if the mother is abusing your son in any way.
Kjeffrey007 08/08/2016 at 11:49 am
hi, i wanted to know if it was possible to take full custody of my son hes only four months old and i have witnessed and heard from friends and family that she is not a maternal mother, she slaps him and at this point he was 3months old, which is not right for any kother to be doing, i would like to know how i could manage to try take full custody of my son. Please Someone Help Me ??
Tasha 22/07/2016 at 8:35 pm
I'm divorcing from my husband and we have a 18 month old. He has had to relocate to a different city which is 2 hours drive Away. He is wanting to take our daughter there on his visitation days but I feel it's too far for her to travel. He is having her on Sunday and taking and staying over which I haven't consented to, he has never wanted this until now when he has a new gf. He sees her one day a week at most and has hardly been there for her life. I'm really nervous about this weekend and when he relocates in 2 weeks time. Is there anything I can do to prevent this happening?
LawAndParents Editor 20/07/2016 at 9:50 am
Sorry this isn't clear, are you suggesting that you don't want your children to spend any time at with their father. Every other weekend is not really that much anyway.
Emmie 19/07/2016 at 5:25 pm
Hi, I'm trying to help my sister get some advise on what to do with her ex partner. He is the father to their 4 year old daughter, she left him around 2 years ago due to a violent/agressive relationship and he has continued to be verbally abusive and on two occassions voilent to her. She has tried mediation but he canceled it saying "she made him do it" which is a complete lie. I personally feel, she should cut all contact with him after seeing the abussive messages he sends her, he installs no confidence that he would take care of their daughter. He has no contact now, my sister is trying to keep a line of contact with him but it is a mess, all he does is use this to be abusive via texts. His daughter is not his priority, all he is interested in is controling and abusing my sister. I wonder what options she may have in terms of getting full custody in writing, as his on the birth certificate he enjoys telling my sister he will just take her one day and come and find them and take her away from her mother. She is so terrified sometimes she wont even leave the house, he claims to be watching her, and constantly comes up with new vial things to say, such as "im glad that baby died cuz youre a horrible mother" (she had a miscarge). I want to find her some help and support, she is reaching out but getting nowhere, any help will be really appreciated.
Zoe 18/07/2016 at 6:26 pm
Hi I split with my ex partner 18 months ago we have 2 children and I would like full custody, he has threatened to come to my house and basically beat me up which the police have been involved, he has been having the children every other weekend but one night always dumps them on his mum. I am now going through Csa and because he doesn't like the amount he has to pay is saying he is only having them twice a month! My 5 year old is coming home sweating and upset and saying that daddy learns him these words and laughs at him! I was wondering what grounds I stand with this please
LawAndParents Editor 14/07/2016 at 10:22 am
You will still need the consent of your daughter's father before you can take her abroad. If he does not give consent, you will have to try mediation or a court order.
Andy 11/07/2016 at 9:15 am
I am divorced to my child's father who only shows up once in a bluemoon and never gives child maintainance. I want to take my daughter abroad to live with my parents so I can go back to university. The course that I wanted to study includes 24 hour trainings which is impossible to put my daughter on a daycare. How do I go on about this please?
Tomtom 06/07/2016 at 9:16 pm
Hi been seeing my daughter since Xmas after a two year no contact brake do to her mother playing mind games and other family issues at my home with my other children but since seeing my daughter again she has said on most visit's/stays that she wants to move in with me my wife and hower 3 children when we talk to her she express that her other 4 siblings at her mother's all hate her and is not happy she's also said anumber of times how she will sit up late at night 11/12 pm waiting for her m to return from the pub's and she doesn't always make it home mom says ( I fell a sleep in a bus stop or on the street) I had a meeting with my daughters head teacher today and he as express'd grave concern over my daughters mental well-being can I go for full custody please help
LawAndParents Editor 28/06/2016 at 1:00 pm
You need complete court form C100 child arrangements form. The courts will ask lots of questions about both of your circumstances and decide what to do in the best interests of your daughter.
Md 26/06/2016 at 9:12 pm
My long term partner split with me in 2013 for someone else, as we both loved our daughter we have kept it amicable. I regularly have weekends Fridays to Sundays and Holiday term time stay overs. For the last year their relationship has deteriorated again because of alcohol and domestic abuse ( to the mother ) with the mother leaving for short stints but eventually being dragged back to the abuser by false promises. My daughters only safe refuge and environment is with me. the Mother is due to go back yet again, I know we will be in the same situation in a months time. Please can you advise how I can apply for full custody of my child.
Boadiceea 06/06/2016 at 7:36 pm
Hello! I am an EU citizen living in UK with my 6 yrs old daughter, for the past 3yrs and1/2. I have this daughter from a past relationship (not marriage) with an Indian citizen. My daughter and I, both EU citizens of the same EU country, since birth (not UK), father Indian citizen residing in Singapore. We, the parents of this child, we always had separate lives and he recognised the child later on, his name was written in the child's' Birth Certificate in this EU country of citizenship of my daughter and mine. After that, my daughters' father abandons his promises and his parental responsibilities towards my daughter and does not keep in touch at all. Later on, I get married with a British citizen, I ask for his consent to bring the child with me from my home country and I ask for his consent when the child needs a new passport. He assisted me with the legal requirements that I needed for the child and so he comes over Skype from time to time to be in touch with our daughter.
Later on, one year before the child current passport is about to expire, I inform him about that we need to get his written consent from the consulate of my country located in Singapore, so I get a new passport for our daughter. At this point, he decides to cut off any contacts with us and not answer to anything when I try to ask for his consent further.
He clearly made me understand that his wish is to not be in touch with his daughter at all and to not participate to her bringing up in any way. Since my daughter was born, in 6 years, her biological father showed up in her life only 30 days and he was never present to any of her birthdays.
To be mentioned that, in the mean time, with my British husband I have an infant child of our own and my daughter found in my current husband the 'father that any child would love to have'.
However, the current laws on immigration makes me wait 5 years before I get to be a permanent resident in UK and access citizenship or ILR. My daughter and I live in UK by own means and our permanent residency is the one from our home (EU) country, here we are considered as temporary.
Does anyone can answer what steps I have to follow in order to ask the Court to rule in the best interest of my 6 yrs old child, and grant to me, her mother, all the power to represent her legally, and at the same time to keep her biological father not involved at all as he wishes?! My daughter spent most of her life in UK, she cannot digest the existence of another father in her life -except my British husband, speaks only English (not EU country of birth native language at all), was always in school in UK, and with a British half-brother that she never spent any day apart since this little one was born?
To what Court am I entitled to ask for Justice on behalf of my 6 years old daughter, without even disturbing her good life?! Is it possible to access the Courts from Scotland (I live there) on this matter? Or I have to access the Courts from my home count
ash 19/05/2016 at 7:41 pm
hi
baisically my partner a 7month old baby and has been through some really bad times with the mother. They ended about 8 months ago but was confusion on her behalf and she thought they was still togehter even tho he was with me.
When she found out she refused him to see his daughter and made out that he was a useless dad. He didnt see hisbdaughter for about 3 months.. he decided to do everything she askes.. regular money transactions that are way out of his pay check legue, not back chatting her and not comenting on what she does with his child during all this he was getting abusive sickening and threatning messages of her new boy friend witch he didnt respond to.
just a few weeks ago he eventually managed to see his daughter.. he seen her once a week witch he was more then happy with also she lives a while away so its a struggle to get there.. last week she found out me and him are still together.m she snatched the baby off him and tried to argue and throw him out of her house whilst spending time with his child. When he arrived home deverstated him had on going phone calls and messages saying he has to choose between me and his daughter.. obviously he chose his child but she wasnt happy with that and she has told him his not alloud to see her anymore.. she has a problem with the fact he has moved on as i dont have no contact with her whats so ever. We are now both getting sickenig and threatening messages off her boyfriend telling us about our lives snd what he will do to family members. Its gone past a joke. Also she has said previous that his isnt the father when everything was happening also he isnt on the birth certificate and she claims she said that because she was angry. please help
LawAndParents Editor 18/05/2016 at 11:35 am
YOu could try suggestion mediation. A mediator will assist you in drawing up an agreement of contact/residence times and also any other arrangements such as financial etc. This agreement can be made legally enforceable. If mediation is not successful, you could consider applying for a court order (form C100) for contact/residence.
GL 15/05/2016 at 9:02 pm
Hi.

Breakdown of a short marriage. We have a 1 year old child. His mother won't allow me access on my own with my him as I may "kidnap" him. Can only see him if she is there and on her terms. Even tho she took him from our family home with the help of the police (which I find disgusting) after I caught her cheating. We sadly argue when I see him as tensions are high and will remain high. I've requested numerous times to take him to the park etc on my own as I don't want him around that toxic environment but my requests get rejected all the time.

She holds all the cards and I'm have no idea where to turn.
LawAndParents Editor 12/05/2016 at 11:39 am
At the moment it is probably not an issue if your ex is not actually attempting to see the children anyway. If you genuinely fear that the children will be at risk if he spends time alone with them, you will need to apply for court order to prevent contact.
LawAndParents Editor 11/05/2016 at 12:35 pm
You should continue paying (even to the extent of covering any back payments) until you've sorted out any residence order etc. If you're concerned for your son's wellbeing, you could consider applying for full residence (or even 50/50 residence) which would allow you more control over your son's welfare/upbringing. Make a note of the reasons why you feel you son would be better off spending more of his time with you, keep it calm and rational. Make sure the court knows that you only want what is best for your son.
kathleen 09/05/2016 at 3:42 pm
Hi i was with my boyfriend a year when i found out i was pregnant he broke up with me and was really horrible with words i have the babies he was really good at first then he stopped coming when he said he would he never paid anything they are 5months old now i was wondering what should i do thats best as i dont trust him on his own with them
Shorty 08/05/2016 at 11:38 pm
Hi my ex husband has ran off with was my best friend he had an affair with her for a while and decided to tell me it was all in my head I was so bad I went to mental health team and they said I had psychosis I have got help and nearly at then end of treatment we have two children 3and 5 he walked out of the house and left us to pack and find a house on my own I have family 8 hours away but I am a service wife he has blocked all out going calls on my house phone he has naighbours spying on my every move he has threatened to take the kids of me get me sectioned he is very controlling and because I have no house phone everything done on my mobile I have to be out the property on June 6th with still no were to go my mobile is always busy and he rings the kids when his it is on nights I gave home set dates and times he is not happy with this so I have to stay in the house when he rings and have no one in the house like friends he rings when he wants which is hard for me as I have to bid on houses and look for a new place what am I best off doing me and my kids are living the life of hell we can not do or go anywhere with out him knowing or ringing people for information he asked my 5 year old who he wants to live with and quizzes them to who they with were they been And who in the house don't know what to do his family are also making my life a misery I get threading messages yet it was not me that cheeted
Aiden 08/05/2016 at 11:07 pm
Hello , I am looking for advice regarding my rights to my 6 year old son. I am generally concerned of his well being and surroundings. I have been split from his mother for a few years now and It has not been a easy or pleasant experience to gaining access to my son.
I have been fined and had court appearances due to his mother not sending him to school which is something I have no control over , his School regular leaves messages on my phone which are of concern. For some time I agreed to pay an amount of money each week towards his care but it seemed my money was wasted so I have stopped doing this now. Would this go against me or could I get a 50/50 custody.
His mother does not work and has no interest in working, and most of the time my son is not at home he is either at one of her friends or a family members. I am told he is
Sometimes in pubs and his mother likes to spend her time drinking a lot. I feel powerless and worried sick for my little boy. Any Advice would be helpful.
LawAndParents Editor 06/05/2016 at 2:17 pm
If you don't trust your ex with your daughter, it's a prohibitive steps order, a non-molestation order or an injunction that you need.
Fjk 04/05/2016 at 11:06 pm
Hi my daughter is 19 months, i was with her dad 7 years.it was great then .her dad stole off me just before she was born and I found out alot that he had lied about after she was born, he never paid for her and was out all the time, I told him to leave, I used to ask him to see her but he didn't, he saw her about twice in about 7 months,, then I found out he was selling drugs and has been sentenced to 4 1/2 years in prison, even though im bringing my daughter up on my own can I get on paper that I have full custody of her and things are my choice? Im worried hel come out and because his on the birth certificate he will take her out but she wont know him and I dont trust him due to what I found out he was doing, im a good person and wont rule him out seing her but it needs to be done properly and slowly for her sake, is this possible? Are their any legal rights for me..Thankyou
LawAndParents Editor 27/04/2016 at 12:19 pm
This is something you need to decide on yourselves. Your son is 10 and this arrangement would only be for odd "days out" as you say, and would not be for more than once a week. Are you being a little unfair to stop him seeing his dad completely for this reason?
Chip40 26/04/2016 at 12:46 pm
Me and my husband have been spilt 2 years we have a child together who is 10 the father has always had contact with my son and everything has been amicable.however my husband has a new partner of only 2 weeks and now he wants to take my son and her children on days out.my argument is that i want the one night a week just to be father and son time at least until his new real I on ship is more serious.as i don't want my son to be getting attached to get in case things don't work out.at least for a few months but he has said no to this. So i have stopped him seeing his son for the time being until we can agree on what I am asking.its only one night a week he surely he can go with this. So now he says he's taking me to court to try and get full custody. My son wants to live with me permently but also wants to see his dad.
Nh 22/04/2016 at 10:03 am
I was with my wife for 5 years we have 3 children together she let's me see the kids but only on her terms I want full custody because when I have the kids they are happier at school happier with me eat well have a routine etc when they are with her the house is in a really bad way they go to school moody and not dressed well they get nits alot and she doesn't do it I am concern about my childrens welfare I have pics of the house of how bad it is countless times I've done their hair when they go back got nits again there is also alot more I could say but won't just wondering on some.advice thanks in advance
blonde5 13/04/2016 at 9:34 pm
What options do I have if the children's father (with whom everything has been civil since the break up) attempted suicide and I feel he is now a danger to my children?

Is there a way to ask him to grant me sole custody without dragging the kids through a drawn out court case?
Lippy 13/04/2016 at 12:49 pm
Me and my ex boyfriend had a daughter together, he's on the birth certificate but in the whole 3years nearly 4years done absolutely nothing, I've gave him opertunities to see our child, but he let's her down left right and centre. He went with a new partner and according to it he adopted her children. I was getting threats of his recent partner and him.. That they were going to take my daughter etc. Also he didn't want our daughter and would prefer if she was adopted. I've tried several times over the 3years and he doesn't want to know as he can't have a relationship with me! I want to have sole custody of my daughter.
LawAndParents Editor 07/04/2016 at 12:43 pm
If he can afford action through the courts, he should be able to negotiate some contact with his daughter.
Brunettegurl 06/04/2016 at 2:25 pm
Hello, I am typing on behalf of my partner. My partner was with his ex girlfriend for 7 years and they had a daughter together and lived together. However, his ex was very abusive towards him and manipulative. She got him done for domestic abuse because he opened a door she was stood behind and her toe nail came off as he didn't know she was standing there. She was fine at the time but reported it a week later as domestic. She claims he abused her in her sleep and alsorts. He was a brilliant father, made sure she had everything and worked long and hard and made sure their daughter had the best of everything. He is so loving and kind that she took advantage of it. They broke up 6 years back and he went to prison for a joint enterprise that he didn't do and she took that as an opportunity to run off with his daughter. He hasn't seen his ex or his daughter for at least 5 years now. Its caused him so much pain not being to see his daughter. She was turned ten years old last month and he really wants to be in her life. It is destroying him. I have messaged his ex personally on Instagram as I found her on that but she was just been very abrupt and nasty and making loads of lies up. Is there anyway of finding her and their daughter? I need to speak to someone who is smart.
Sotonguy 18/03/2016 at 9:19 am
Just a general enquiry on my brothers behalf,my brother and the mother of his 9 yr old son have never been in a relationship,they had a one night stand after a few drinks.hes never been in his sons birth certificate as she refused to put him on there and told them she didn't know who the father was until very recently.my brother has his son every weekend and they get and fantastically,recently his son asked his mother if he could change his lady name to that of his fathers and to everyone's surprise she did this but also out my brother down as his legal biological father,she has been in many relationship all of which have been very violent.my mother inlaw and my wife (I'm married to my brothers sons mothers sister) (Jeremy Kyle eat your heart out )are the ones that got the socail services involved in the first place as they're worried about the children and their safety,social services,police and welfare officers have been involved in the situation and they felt necessary to put a templet protection order in place to stop her current partner visiting the home and no contact with the kids due to his violence,abuse of alcohols and drugs,there was a big meeting yesterday( I can't remember what it was called) that involved the mother of their son.my brother the socail services,police,school nurse and deputy head of the school.my wife and the mother inlaw,everything had been recorded and they done what they and now they are putting a full protection order in place for the kidskin question is what is the likely hood of my brother having full custody of his son in this situation,I'm not sure where he stands as there is a protection order in place,the mother inlaw has told him that she will fight him all the way for custody of him but as a grandmother what legal rights does she hold,we all believe that his son would be a lot better off with him and he's said all along that he will allow weekly visits with the grandmother,a swift reply would be very
Much appreciated in this matter
LawAndParents Editor 17/03/2016 at 11:16 am
There is nothing at all to prevent you from applying for a full or shared residence order for your son. The courts will ask that you attend mediation first to reach a suitable agreement (that will be legally enforceable), if that is unsuccessful then you can apply for the court order. At the age of 13, it's very likely that the courts will take the views of your son into account when reaching a decision.
Smithy 16/03/2016 at 8:16 am
My 13 year old son lives with his mother and new partner. They have 2 children together. More and more my son is coming to stay with me because things at home are difficult. The only styl of communication is shouting. This is between the mother and stepfather, plus parents to all children, including my son. The mother is jealous of the relationship I gave with my son as it is a close one. She tells him off for calling me and recently been sending him vile texts telling him to stay with me if he doesn't want to come home. Yet the next day she is shouting at him on the phone to come home. Essentially emotional blackmail. What rights or hope would I have of getting custody of my son. It concerns me he is so emotionally tortured by her. His grades at school are suffering and he is becoming withdrawn as loves his mum but doesn't understand why she is so mean to him about spending time with me.
Deepak. 14/03/2016 at 7:04 pm
My marriage held in 2012 and me and my wife staying separately since 2014. From this wedlock we have a daughter.

We have a case running in the Indian court for divorce..

My wife don't have the custodian rights of my daughter..

She always threats me that she will take my daughter to abroad and will let happen that I can't see my daughter again

As per my lawyer, if we put the custody case then also being a female child I can't get the custody..

My wants to run away with my daughter to her brother staying in UK.,

Can my wife along with my daughter get the visa for the UK on the sponsorship of my wife's brother???

They both have the passport , my wife and my daughter also , can they get the visa for UK and can they settle over there???

Plz help!!!!
Frank28 08/03/2016 at 12:36 pm
In need of help! My little boy is 6 and has not saw his biological father since the age of 6months. His biological father is now married with another child. Although he pays maintenance, he has no contact and I have no clue where he lives. I want to apply for sole custody as my little boy has no clue this man even exists. My partner wants to adopt my little boy, as we have a family and my little boy thinks that's his father. We also have a little boy together and it would be the icing on the cake. Where would I stand and would the courts grant my wishes?
Loopy 07/03/2016 at 9:24 am
Hi I'm just wondering if I could apply for full custody of my 3 month old son me and his dad spilt due to his drinking every day and when hed come home he'd be aggressive to me and his son he doesn't really care if he sees him or not
butterfly 06/03/2016 at 7:57 pm
I was wondering if this is enough for me to get a restraining order and full custody of my 3 year old!
His dad is always putting girls befor our son swearing on my sons life about stuff and lying about it I've worked it out he's looked after my son altogether a year max with him inculding the time we was together we broke up a year ago he never did anythink for him never brought or paid for anythink he's gone for his dad with my son there and his sister had to remove my son from the room, he's shouted and screamed in my face while I was holding holding my son because he was shouting that much he scard the living hell out of him (heal was 3 at the time) he's just got off bail for criminal damage to his exs house and then he put holes in my wall (while he was still on bail he put my house as a bail address so I through he had to stay here) I told the police but they didn't do anythink but record it and then he almost broke my wrist the other day getting my phone off me because I was ringing the police becuase he wouldn't leave after we had a full blow argument to the point I was backed in a corner in the house with him screaming in my face He didn't leave for a week after that I couldn't ring the police as I was to scared to and now I've been told I've felt it to late when ever he's not with his new girlfriend he's constantly messaging and texting me I've blocked his number but now he's ringing on an unknown number and the whole 6 years we was togther he'd stopped me talking and seeing my freinds and family hed blackmailed me alot
singleemum 01/03/2016 at 1:07 pm
Hi.im a single mum of a 4 year old. Me and my husband split last year, within a month he then had a new girlfriend that soon moved in with him. He didn't see his son properly for about 5 months, he is now meant to see him at weekends but just depends when he can, he never has him over night and doesn't pay a single penny towards him! Not even a pair of shoes! He has a violent record but no charges have been pressed against him it's just down on his record, I now have a boyfriend that isn't from this country and he one day wants to move back, where do I stand with that and also how to get full custody of my son so I can take him out the country without the dad's consent coz he will try and stop me out of spite.
Confused!!!!
LawAndParents Editor 22/02/2016 at 12:13 pm
As the mother you already have parental responsibility, so you do not need to apply for it officially.
confused 19/02/2016 at 1:58 pm
Hi. I'm a mum to 3 boys. I divorced their dad 6 years ago. He had them weekends. 2 years ago he had a cardiac arrest and as a result suffered brain damage (long and short term memory loss). His parents are his power of attorney?. He has minimal brain capacity, lives with them full time 400 miles away. They bring him down to see the children every few months. They payed for me to take the children to see him last summer. I receive no maintenance money from him (he is on DLA?). Can I apply for full parental responsibility? He has no memory of a conversation from one day to the next so all decisions regarding our children come down to me anyway. Thankyou in advance
Anonymous 19/02/2016 at 11:56 am
Hello !! I gave birth in uk , now my baby is 3 month old , my nationality is Romanian , the father is Italian , and we are not married , baby has Romanian birth certificate , me and the father don't get well at all after I gave birth , I live just in stres and is not alright for baby as well to hear the shout of his father . Plus he smokes weed occasionally , and I don't agree with that . I wanna know if I can move in Romania with baby as I don't have no one here , at the moment I'm still in maternity leave , but in Romania I have the support of my parents and they have a good financial support as my father runs a company .
LawAndParents Editor 18/02/2016 at 10:28 am
If your daughter is living with you and her father is not in her life, you effectively have full residency. If the father decides he wants contact, he will have to make an agreement with you to do so (if you refuse, he can take this to court etc).
LawAndParents Editor 16/02/2016 at 2:36 pm
You may be able to create arrangements for the children via an agreement constructed with the help of a mediations service - this would be legally binding. If that is not possible then applying to the courts would be your next step. The courts will take all the circumstances into consideration and make a decision that they consider to be in the best interests of the children. There is no reason for you to assume residency would automatically go to the mother.
Catherine 15/02/2016 at 9:22 am
Hi,
My daughter lives with me and her father has recently moved back to France. He doesn't know when he will be back in the UK but thinks it will be at least a year. He is not reliable and doesn't contribute anything to her financially, I am a midwife, homeowner and happily settled with my partner of three years.
I would like to apply for sole custody but know her father will not respond to any legal paperwork, in fact I don't even have his address.
I would love some advice.
Many thanks
Micky the fish 14/02/2016 at 8:56 pm
I'm a stay at home boyfriend for the last six years I have brought up two children while my girlfriend went to university and now a very good paying job. Unfortunately the relationship nis breaking down due to the guilt complex of my girlfriend not being there for the children and having spoken to her on many occasions about money and the stupid spending which she thinks is easing her guilt it still makes no difference. I'm now at my wits end and prepared to leave but there is no way on earth I can leave the children. My girlfriend has no comprehension of how bring up children or run a home, so the question is how do I stand with custody with the children.
LawAndParents Editor 08/02/2016 at 11:18 am
Firstly the father has a responsibility for his child so if he's not paying anything towards his maintenance, contact the Child Maintenance Service or seek advice from
butterfly 05/02/2016 at 3:12 pm
Me and my ex partner split almost a year ago. I had my son since he sees his dad whenever his dad pleases ive asked him plenty of times to come see him which he says he will and never turns up and my 3year old son is left crying his eyes out. hes now with his new girlfrind and has beenn with her 3months and hes always chosing her and her kids over his own he cant have his own child becuase his parnter already has her own two. so now my son is being pushed out even more and when ever he dose have our son its never him tht has him hes meant to have our son of a friday nigth but ive found out its his mom and dad thats had him and they have him every weekend (i knew they had him saturday nigth) but now im totally feed up of my son being pushed out and left heart broken over it and he dosent pay me anythink for our son at all and if I ever need anythink I ask him and it no so im left with putting myself into alot of dete with family, I was wonder if I would be able to go for full custardy but still let his family have him weekends if they chose to
LawAndParents Editor 27/01/2016 at 11:20 am
While he's not on the birth certificate he'll find it difficult to file for overnight contact. He would have to apply to have his name added and be given parental responsibilty. Once he's obtained PR he can apply for additional contact, but it's highly unlikely the courts would grant overnight stays for a 7 month old baby with someone with whom he's had virtually no previous contact.
Singlemam 26/01/2016 at 1:14 am
Me and my partner split when I was 7 months pregnant, my son is now 7 1/2 months old and his father has never wanted to be involved until a 3 weeks ago. We agreed he could see our son and build a bond with him at my home or somewhere local, however when the time came to it he decided he wanted him overnight and I refused as our son has no idea who he is and I don't want to stress my son by being around strangers with no one he knows, so my ex partner threatened me with court however is now in prison for dangerous driving
Can I go to court against him to file for sole custody
Also my ex partner is not on the birth certificate as he refused to show up
LawAndParents Editor 25/01/2016 at 2:38 pm
It might be worth seeking a professional opinion as to how genuine the risk of harm to your daughter might be. To apply for "custody" or full residency, you may need to apply to the courts (if mediation doesn't resolve this first). You willl need to complete the following form
Anonymous 23/01/2016 at 1:34 pm
I have a 9 month old girl with my partner who has a 7 year old with special needs all her attention goes on him but when I want to go out or something she's says your not keeping her there I can't do anything with my daughter unless she says so all her time is spent up with his naughty behaviour and how he abuses people mentally and physically, he has done bad things to his mum and has thrown stuff at my daughter I want to split up with the mother but not leaving my daughter in the same house as she never has enough time for her becaus of the little boys doesn't want to her here how do I get full custody for her and living wih me. The little boy has restbite so I'm not gonna be horrible and stop her seeing her daughter just not on days he's there I don't trust him around my daughter
Chappy 27/12/2015 at 3:07 pm
I live with my mother, wife and 3 kids. Their ages are 2 and the twins are 6 months old. My wife physically and mentally abuses me and my 2 year old, mentally abuses my mother and physically abuses the twins. Social services have been round before but when they come she messes up her hair and wears dirty, smelly clothes from the laundry hamper, then sobs to them saying I abuse her! Then when they leave she has a go at me and scratches me and tells me if I do anything she'll tell them she feels she's in danger and they'll take the kids away. She's said to me before, the 2 year old is yours and the twins are mine. My mother's health has deteriorated rapidly in the last couple of years I've been married to her and and I've been off "sick" from work for almost 4 months. We live in an absolute sh*thole because wife does absolutely nothing around the house. She says she still doesn't know how to cook and makes my 70+ year old mother do everything; cook the food, do the laundry, tidy the house, look after the kids, EVERYTHING! Social services came because the twins were severely underweight and thanks when she took her chancell to spew out her lies. My profession is in mental health, she refuses to see a doctor but I know she's already been diagnosed as a compulsive liar in India where she came from. She does not yet have a permanent visa as she does not revise for the UK citizen test even though I've bought her all the books and give her all the help she could need. Several times she has scratched at my eyes and has even drawn blood a few times. Yesterday I saw her kick my 2 year old off her bed. The kid hit the head into the cot and fell onto the floor sobbing uncontrollably. I grabbed the kid and screamed at my wife, then she screamed back at me saying she was tired, she'd been working all day. All she'd done that day was put the laundry out to dry, the time was 6pm. Later in the day my nephew came round to help me build a new shelf for the files and we heard my mother screaming downstairs. My nephew got there before me and we saw my wife throwing plates at my 2 year old and my mother. My nephew got between them and got some plates smashed I to his back too. My 2 year old has bruises all over his back and tummy, my mother in her legs, my nephew on his back and shoulder and me on my legs also. I really don't know what to do. I want to take custody of my kids and get the woman deported back to India but I've already been given the name of an "abusive husband" and tomorrow she could easily turn the whole thing on me. If there's a pan on the stove and she knows the care workers are coming round, she will intentionally burn herself and give herself scratches and cuts just to blame it on me. I also want to do what's best for the kids. I hear stories all the time of children who live with only one parent and they take a turn for the worst. They make bad friends, end up doing drugs and basically ruining their futures. I've waiting so long to
Erin71 12/12/2015 at 6:18 pm
My partner and I were living in Canada and separated in My 2013. Our daughter and I are now living in England.
I have custody of our daughter until the final judgment in Canada.
My partner does not wish t pay any benefits as he is paying for our daughter's travels.
I am fine with this, but I do not agree on the amounts he claims he is spending on the travel arrangements and I do not agree that after the paperworks are signed that the case will stay in Canada (which he wants) We no longer have solicitors and due to the time this case has taken (my partner has changed several times on what he wants as he first asked custody, then changed his mind!) Now I would like to know because I have had my daughter with me for almost 3 years now, can I assume that I have full custody or do I still need to get a solicitor here?
bjarmstrong 04/12/2015 at 12:46 pm
Hi, I am currently with someone who is still going through their divorce proceedings and there is a 2 year old boy involved. Both of them had started of calmly as to who would have the son and how often the other would visit. Things have started to get worse seeing as there is a massive difference in how each parent thinks the son should be raised. The father is in the army on a OK salary but has a very high risk of being deployed in the near future. The mother is currently unemployed and living in a council house. She gets some financial support from the father and also has my self for added support. I just want to know from the basic information I have given who would be more likely to gain custody. Thank you.
help:( 26/11/2015 at 11:40 am
Hi my partner and I live in spain, when he lived in the uk a girl claimed they had a baby together yet my partner didn't find out until the baby was 10months old. After looking after the baby for a year she then claimed it wasn't his and the father was someone else. He tried over and over for contact which he was denied. He then moved to spain tried a further year to gain contact but was denied and told again the child wasn't his. Heres the difficult part... it has now come to light that this girl is having all four children taken from her and social services are looking for the fathers. The little boy is eight now and the other man claimed to be the father failed dna tests so my partner is very possibly the father. What would happen now as my partner wants to gain custody of the child should the dna tests prove positive, but we live abroad and don't know the implications. Please help.
Britter 25/11/2015 at 10:07 pm
Hi, my ex husband and I split back in April. We have a four year old daughter, he is now taking me to court over access. He has seen my daughter every other weekend since Junefor three nights a time ( I had a month staying with family he knew where we were). He wants a judge ( the law) to put things in writing, this is so he has certainly. My daughter has changed the arrangements once as it was her wishes to stay one night instead of three due to him upsetting her and he sees this as uncertainty. I have advised him that the access will change as she gets older and also from time to time due to what she wants as she is the one who matters. He doesn't pay towards her I'm having to go through CSA, he doesn't contact her between access, he has no job and is living with his parents. Is there any thing I can do to stop us from going to court, he went to mediation I didn't as I felt we had things sorted ( or so I thought). Also could I get full residential rights from this? Thank you
Terri61 25/11/2015 at 1:47 pm
My ex partner and I have been on and off for a while. There was one occasion of domestic abuse and one occasion of sexual abuse from my sons father towards myself. Also various verbal abuse from not just him but also his family. My son is two and his father has been terrible and has been incredible negligent over the years. I also have a doctors report stating this when my son was only a year. I also have documents and pictures of unexplained bruises and marks on my son when he has been in his fathers care. I have tried to be fair and allowed fair access at my house as he does not have a fixed address at the moment. He verbally abused me in front of my son in my home once again so I asked him to leave. He pays for my son but intentionally tries to make things difficult with me working, so I have had to make the decision to stop so I can solely look after my son. I would now like to apply for full custody, I personally feel my sons father is not a positive roll model for my son and will not be able to provide care for him without me around. I also feel my sons father might have mental health issues, but that is my person opinion. I am also feeling quite scared of what he is capable of doing. I do not believe mediation will help.
LawAndParents Editor 25/11/2015 at 10:41 am
You should suggest mediation in the first instance. A mediation service will help you draw up a legally enforceable agreement that states the times and days that your daughter spends with each of you. If this does not resolve things, you would need to apply to the courts for shared residency (child arrangements order, court form C100).
Smith 24/11/2015 at 12:04 pm
Me and me ex partner split one year ago our daughter is only 2 I have reguler contact and have always paid. However her mum is young and is always out drinking witch is her progotive however she left our daughter to go drinking again last week after her being ill in hos my problam is not with the drinking is that she was ill and left again with some one else. I get banned constantly from seeing her just for little things like voicing an oppinion on her welfare , I would like to gain at least half custardy so no one can stop me.spending time with her ino I could go for full with the evidence I have and knowing I have a full time job stable income and a safe home. But I would not want to take her from her.mother fully what shall I do how.can I start this process
LawAndParents Editor 23/11/2015 at 10:32 am
try and come to some mutual agreement, if necessary a mediation service could help draw up this agreement. If you cannot agree terms, then you will need to apply to the courts for a child arrangements/residency order, using court form C100. The courts will make a decision based on what they consider to be the best interests of the children.
Paul 20/11/2015 at 2:26 am
I split up around 18 months ago with my ex. We got 2 sobs age 6 & 10. Both lives with there mum. I started to see them regularly for around 2 months every forthright . I'm paying regularly since split up. My son discloses that there grands are telling them rubbish about me & both children are not happy to live with them. They want o live with me & I want the same too. What should I do.
Gillyflower 18/11/2015 at 10:20 pm
My other children are grown up (in their mid-twenties) and I rarely see them.
When my husband and I got divorced I had a drinking problem and Social Services said my Youngest Son, (who is now thirteen) should live with his Dad, in Paris.

My Ex-husband died 6 years a go.
So my Youngest Son went to live with his Aunt and Uncle.
As my son has started growing up, they have slowly turned him against me.
When his Aunt & Uncle are coming to visit England they won't tell me when.
Then they'll visit family. Except for me.
They won't even let me speak to him when I call France. They have turned him against me and cut me out of his life.

How do I get my son back ?
LawAndParents Editor 13/11/2015 at 2:17 pm
If you do split up, you have certain rights as the father. If you feel your son would be better living with you, you can present your case in court asking for majority residency. The courts will suggest mediation first, so it's important to try and come to an agreement between you before attending court.
corsiar 12/11/2015 at 12:54 am
Mt relationship with my partner has failed mainly becausr the way she is with our son, she is happy to leave him with me for long periods of time and cone home late at night, i work full time and she only realy haves him when i work. She looses her temper eith him swearing at hom and niglecs him always trying to get him to sleep rather then play with him, and recently he came home with a cat acratcges from her moms house where she spends most her time. Her mum has 20 cats and im not happy with the way he is looked after and know that they have drugs in the house, smoke in there and my son is regulaly left on the kitchen floor nwar where the cats feed and poo. She lives atm with me at my parents house but she is usuing emotional blackmail saying if she grys kicked out she will take my son with her, and im scardd of this as im fear for his safety what should i do, i have bun making a diary of events and collecting piccys of things im concerned about
gillyanne 10/11/2015 at 3:58 pm
My son left his Dutch wife and returned to the UK. She is still living in the Netherlands with their 3 year old son. Recently the child has been taken into care due to alleged abuse by the Mother and her boyfriend. My son would like to seek full custody of his son. How can we go about this?
LawAndParents Editor 10/11/2015 at 11:45 am
You have full residency in effect anyway if the father does not want any contact. If in future he wants to contact his daughter then he can request this via his parental rights but he should not simply waltz in and demand to see her etc. If this should occur in the future and cause problems, then you can resort to the courts for a specific issue order or child arrangements order to specify conditions or times when access can take place.
LawAndParents Editor 10/11/2015 at 9:58 am
You may have some luck with the sufficient advanced warning request. Unless the eldest daughter is in some way harmful to your daughter however, the court may consider it unfair to keep siblings apart.
Pat 09/11/2015 at 12:00 am
My ex hasn't seen our child in nearly 3 years and has said in an email he wants nothing to do with her. How do i go about getting full custody as he is on the birth certificate (he doesnt see her or pay any child maintenance) so that he cant contact her or suddenly want access?
awesome mum 08/11/2015 at 2:40 pm
recently my partner and me split. He works abroad for upto 16 weeks at a time and expects me to drop everything / my daughters routine / keep her out of nursery just so he can see her.
He has two other children and his eldest daughter has been saying nasty things about me on social media.
I'm not saying he can't see his daughter but I have 2 terms of conditions he has to give reasonable notice and his eldest daughter will not be with him.

Would I be able to get full legal custody to support this.

I very desperate mum
LawAndParents Editor 05/11/2015 at 9:42 am
You could certainly apply to the courts for a child arrangements order. You should first try a mediation service, which would enable you to come up with a legally binding agreement for your child arrangements. If mediation doesn't work (i.e you cannot agree a solution), then you would have to apply for a court order. The courts will listen to both sides and make a decision (based on the interests of the children).
LawAndParents Editor 04/11/2015 at 2:36 pm
yes, a solicitor will be able to advise you on this.
Reez 04/11/2015 at 1:52 am
I have two boys aged 3 and 4 me and the mother broke up. A couple months after she asked me to take the kids off of her hands and for me to have them fulltime, she wrote a letter stating that I would have full custody of the both of them. We agreed that I would have them weekdays and her weekends. When it was her weekend she decided to not give them back to me. I have the letter she wrote and my boys birth certs. Do I have a case to get them back and have full custody. Please help
Billy 03/11/2015 at 8:29 pm
Hi .
I have a son in the army ,based in Germany he married a Canadian girl ,they are now separated , she is now living back in Canada with his two children , and is asking him to sort out the paperwork giving her full custody, he is willing to do this but at the moment is unable to do this because of work commitments . Is it just a matter of signing a legal document drawn up by a solicitor which can be done via email or by post via a solicitor .
Megan 26/10/2015 at 6:33 pm
I have a 2 year old son soon to be 3 years.my child's father and I split up before I found out I was pregnant he took me to court for visitation rights and the court referred it for mediation I told them all the reasons why o dont allow him to leave with my son as he is on drugs alcohol bad temper and he was on mood stabilizers which he left without a doctors report they said that all visitation is to be supervised at my house on a Wednesday and every alternative Saturday or Sunday as he is a risk to the child and never took part in the caregiving of the child since the release of the report the father only came once and he and his mother are manipulative I received a court order for a magistrate enquiry please help me I don't no what to do what are my options
LawAndParents Editor 20/10/2015 at 11:30 am
You have a right to contact with your child. If you feel you want shared residency or even full residency, you would have to seek a court order (unless you can come to mutual agreement with the mother).
LawAndParents Editor 19/10/2015 at 11:02 am
There is no easy way to force a father to see his child. You could try creating your own agreement with your ex partner with details of visit times, finances etc. There is a useful separate agreement form and guide at Netlawman UK. If that fails to work, you will need to apply directly to the courts using court form C100.
simon 19/10/2015 at 3:31 am
Hi there I have recently split with my 8 month old daughters mother and she has taken her away from me to live in a crowded house with her parents my daughter and ex partner have lived with me since birth do I have the right for my daughter to live with me in a stable home
Mama 18/10/2015 at 1:06 am
Hello I'm have 4 months boy and single mum, his father was wish to see son and we try make this frist meeting friendly but his don't come to see son. How to protect son from like this dad because I'm skier what one day my little boy be waiting and his again dad didn't come how protect from this.
Emma 09/10/2015 at 8:20 pm
I've recently split up with my husband. We have a 3 year old daughter. He suffers from mental health issues and has been sectioned after trying to kill himself. If we both apply for custody of her who would get it? I need advice please
LawAndParents Editor 09/10/2015 at 11:25 am
We can't say for sure what the courts would decide but if you feel that the children are suffering under the present arrangements it may be worth considering altering them. The courts will look at all the circumstances and may request a CAFCASS report. They will then make decision for arrangements which they consider to be in the best interests of the children.
Rebecca 08/10/2015 at 4:04 pm
I have shared contact with my ex husband,it was agreed while he was on bail for a domestic abuse case towards me. He refuses to co parent which can be difficult he also still shows aggression and conflict in front of the children.multiple times I've had to contact the police I'm concerned about his growing hostility in front of them they're only little and it's upsetting to see their reaction. Could I apply for full custody?especially as I've tried mediation with him but he refuses to be amicable. And why woul the possible chances of me being granted it if he counter applies? Thank you
LawAndParents Editor 08/10/2015 at 10:52 am
You partner can certainly apply for full or shared residency. The courts will demand that mediation is tried first - in order that a legally enforceable agreement can be drawn up. If that is unsuccessful a court order can be applied for. The courts will take your partner's circumstances into consideration (e.g that he has a stable relationship with you), but in the end will make a decision based on the best interests of the child. To find a mediator try the Family Mediation Council
Mels80 07/10/2015 at 9:14 pm
Please help....my partner has a daughter with his ex girlfriend. Every time their daughter is with him her mother slats him and puts him down via nasty horrid text messages and comes to our home an snatches their daughter and takes her home. My poor step daughter is kicking and squeeling saying she wants to stay with daddy and mummy shouts at her all time and is mean to her. Because we are not married can we both fight for custody of my partners daughter???
Missmygirl 01/10/2015 at 7:39 pm
My ex partner abused me and my eldest child for a few years and things got really bad he told me to either leave or stay so I had to leave taking my 2 kids age 3 13 (3 year old is his) this was in June during this time Iv tried to get another property and he has stepped in and cancelled it due to distance and forded my 2 kids and myself to live in hotels. He took my daughter (3) off me on Sunday and was supposed to hand her back to me on the Wednesday but has since contacted the courts for full sole custody, Iv been to a lawyer and getting things sorted on my side but my question is he is on bail from the courts as he is up again on December 17th for assaulting me threatening to kill me attacking my 13 year old with a belt and stealing my phone which gave him the power to cancel my property so I had no where to live. He is now holding my daughter against me and won't let me see her and says I'll never see her again which deeply saddens me and if I didn't fear him much before I fear him so much more now! Will he get full custody?
LawAndParents Editor 01/10/2015 at 2:10 pm
You can try mediation first of all...this will help you come to some sort of agreement that suits all you (your son included of course). If you cannot reach an agreement, you should apply to the courts for a child arrangements order using court form C100.
LawAndParents Editor 01/10/2015 at 1:57 pm
The courts are sometime reluctant to grant full custody for a baby but you could apply for preferred contact times and then apply shared or full residency at a later date. The courts will insist that you try mediation before applying for a child arrangements order. Mediation should leave you with an agreement (enforceable in the courts) for child arrangements that both parties should adhere to. If mediation is not successful, then is the time to proceed with a court application.
LawAndParents Editor 01/10/2015 at 9:49 am
If a court order is in place, then you would have to go back to courts to revoke or change it especially if the father is not in agreement with your wishes.
Bobby 27/09/2015 at 11:23 pm
I have 4 children 8,6,4 and 3 I've been split from there dad for just over a year now, they see there dad on a weekend, today Sunday 27/9/15 I went to pick the children up and only gave me the 4 and 3 year old back ( 6 year old didn't go this weekend as he didn't want to go) he kept 8 year old and told me he's living there now, I don't agree with this and want him back home, how do I get him back home
Andy 27/09/2015 at 7:49 pm
I have a 6 month old daughter with my on and off again partner it's a strange relationship as even when we are together I'm still hardly allowed to see my daughter , they live with the grandma who doesn't approve of me so I'm not allowed to visit etc... I'm thinking of ending the relationship for good and applying for joint custody , what's my best 1st step and would it look unfavourable on me if I apply for this while my daughter is only 6 months old.
Sal 27/09/2015 at 1:05 am
My ex partner was granted custody of my seven year old son and I was given a contact order for every Saturday with progress to overnight stay and holiday at the fathers discresion how're his father is being extremly difficult with my contact could his father sign custody back over to me and if so what process would we have to go through can it be in a solicitors office or would it be in a family court can you please help me as I really need to know asap thank you
LawAndParents Editor 25/09/2015 at 10:17 am
The first thing to say is to stay calm and don't give up. It would be useful to have a legally binding agreement detailing the times your daughter spends with each of you and if necessary any financial arrangements etc. The courts will not act until you have first attempted to do this via mediation. A list of mediation services is available from the Family Mediation Council. The courts can also order a Separated Parents Information Programme (SPIPS) which is a course designed to give you alternative ways to get help outside of court. If this results in agreed arrangements that are safe and beneficial for children, the court will help with the process. If all this fails, a court order for child arrangements would be your last resort...the courts will listen to both sides and make an order based on what they consider to be in the child's best interests. If it gets to that stage, the government website has a list of legal advice services here
josh 24/09/2015 at 7:53 am
my ex wife tells me every few weeks I can't see my daughter who I've always been there for apart from wen we split and I had to move 200 miles away back to my parents. that little girl loves me to death and I do anything and everything to make her happy I've recently up rooted my life and I am currently sleeping on a friends sofa just to be near her nothing I do is good enough I need to gain quick access to my daughter as the bond we have is unreal and I think that is what her mum is trying to break please help me this puts me in a fit of deep depression and I feel like I've lost a leg I would rather that than this carry on
LawAndParents Editor 22/09/2015 at 2:18 pm
If he only goes to his father's (via his gran) for a few hours each week, then it sounds as though you already have full custody?
TwinB89 19/09/2015 at 10:54 pm
My 15month old son hasn't seen his father in nearly 3 months to my knowledge and if I'm honest I doubt he has seen him much prior to that. He spent 1 hour with him at his family home on Christmas day before going out to drink and do drugs with his friends. He is unaware I know of his drug use. He spent a couple hours on his first birthday with him (which I was grateful for) but he doesn't communicate with me about him or seem to care.

His mother picks my son up every Friday so that his dad can see him but he's never there. He'd rather be somewhere with his new partner and his friends having parties and such. I now would much rather just his gran see him instead of my son not seeing any of that side of his family.

Can I apply for full custody due to his father neglecting to be involved?

I get no financial support from him and he refuses to go find a job to help support his son.

I've come to my wits end and I need this stress to be over so me and my son can continue with our lives.
loz 17/09/2015 at 2:47 pm
my mum currently has special guardian ship to my 2 sons and I really would like them back with me
LawAndParents Editor 16/09/2015 at 11:13 am
This is difficult as your daughter is in another country. You should try and contact the relevant authorities there. Your daughter is 14 can she ask someone over there for help/information. Do you have any friends/family who could help out with the legal costs, should you decide to hire legal representation in Canada? You could also consider re-applyng under the Hague convention as your daughter's circumstances have changed.
MR C 15/09/2015 at 11:58 am
Hello 3 years ago my wife took my daughter to Canada to live with her, leaving her two older kids with me. My girl (11 at the time) was tricked into this new life and I stupidly agreed on the proviso that if she wanted to return her mum would let her.After 6 months my daughter came home for the summer holidays and begged me not to send her back so we went to the courts where the Haig convention was enforced. My ex wife lied threw her teeth to the judge even calling her elder daughter a liar. When they returned to Canada they moved to the other side of the country. Since then my daughter has continued to live her life waiting for the day when she can come home. She is 14 in November and is begging me to get her home she is about to move into her 3rd house in 3 years and in doing so also her 3rd school she is fed up and almost depressed. Her mum refuses to let her return home and will not let her even visit unless I pay for her flights and her hotel bills whilst she comes with my daughter I would pay gladly for my daughter but not my ex that is unreasonable. I am about to visit my daughter again in October, and I know it will be hard to leave her knowing how unhappy she is all se wants is to be reunited with her brother and sister in the UK. I am at a loss as to how I go about taking action to get to court and get my little girl back in to the arms of her family. My ex is showing erratic signs of paranoia and has since split with her partner in canada, I am told from him that she is on prescription drugs and she leaves my daughter for long periods on her own. I look at my daughter and see that she is not wearing decent clothes and lives in a rundown house. My ex has also told her former partner that when she leaves the house in November she will be moving into a refuge this concerns me. Please can you help me with some advice I do not have pockets full of cash to hire a top solicitor to help me so any advice is massively appreciated.
Securityguy79 12/09/2015 at 5:53 am
Please help me. I am a desperate father at wits end and I don't know what to do. My eldest Daughter (10) has recently in the last few months been sexually abused by my Ex partners brother (daughters uncle) this happened while my ex and her partner were downstairs in their home. My daughter tells me that they also drink very heavily. Last night my daughter came to stay for the weekend as she sometimes does when it suits my ex partner, and on my return home from work it was pointed out to me by my youngest (8 year old) daughter that my eldest had been chatting to several men online who I can only describe as filthy dirty scumbags who had been asking her for sexual photos. Unfortunately to my horror she had been sending them. When I confronted her she told me that she had been talking to the men 20-40yrs whilst in her mothers care for several weeks with the exchange of explicit photographs without once being detected by her mother or her partner. I am obviously concerned now about her welfare when she is not with me and I believe she should now come and stay with myself, my wife, and youngest daughter in our home. Can anyone please help with advice and if the chances would be night that it could be possible. My fear is to go to court, be declined on full custody and be refused even more access than the ex does currently agrees to. (I offered 178 days to have my daughter stay with us this year and was only been granted 51 days as 52 would mean I qualify for a CSA discount and she would receive less money monthly. Oh and also in the last year her grandmother (ex partners mother) has been threatening to set herself alight and chuck her self in the marina! I have full parental responsibility can I get my daughter to come and stay for good?
Russell 11/09/2015 at 7:57 pm
My partner is supposed to have joint custody of his son and has a court order stating he is entitled to every other weekend including sleepovers. His x is now refusing all contact between father and son.

There is historical and current mental issues and she has recently broken up with her partner due to her being domestically vilant. We have tryed to reasion. Please help what do we do next and what are our rights?
Pleasehelp 29/08/2015 at 2:56 pm
My ex wife is getting beaten by a current partner. I want my son out of this as he's now hitting her thinking its OK. My ex now tries to grab as much money from me when she can and its draining me mentally. What do I do?
k8 29/08/2015 at 7:53 am
My ex has been living and working in canada he only had supervised access to the kids when we spilt up due to them being left on there own on occasions when in his care he is going for residency in canada and says the kids need to be on the application as well is this true don't want to mess things up for him but noway kids having residency in another country just incase he does a runner with them
at 29/08/2015 at 5:19 am
Thank you for that. I have tried people being present which includes his family members but he still raises his voice at them and my eldest is coming home extremely upset. Last Sunday he suffered to let her go out of his arms, got in his mums face and started to shout saying the kids weren't coming home, although it was arranged that they would be home for a certain time.

Also, he's not paying csa on time, or this month not at all.

I've tried everything to be mutual and nothing is working. I hate seeing the kids upset but my eldest won't part from my side. She won't even stay with my parents now which is extremely unusual
LawAndParents Editor 28/08/2015 at 2:19 pm
You could consider applying for an order so that another (named) adult is present at contact times. Alternatively, if you feel it is best for the children not to see their father at all, then you would also have to apply to courts.
LawAndParents Editor 28/08/2015 at 2:16 pm
The most sensible thing to do is for the 3 of you to discuss this together and try and establish whether this set-up would work for you all. If your ex is not in favour, then you could suggest trying it for a few weeks (put it in writing so either of you can revert if necessary). If that's not an option (and other shared residence agreements cannot be reached) then, you may have to apply to the courts for a full residency/child arrangements order.
at 28/08/2015 at 6:00 am
My ex and I split a year ago due to him being in debt and self harming. He was quite a heavy drinker (drinking nearly every night). Since we split there has been issues with the police and he's had an harassment warning given to him. He's trying to involve anyone he can to get to me. I have spoken with a solicitor who has put certain times into place which he's not adhering to. His excuse is that there is nobody to pick them up (as he cannot have contact with me at all) although both his and my family have offered to pick the kids up and drop them back home. When he does see them my eldest comes home really upset and doesn't sleep well at night. She's recently told my exs mum that she doesn't want to see him anymore. She's only 3. Advice required please
Helpdad 28/08/2015 at 2:38 am
Hi need a bit of advice my wife and split up 5 years ago and doesn't have a residences order but she assumed parental responsibility of both of our children one is 9 and their other is 13. The 13 yr old has now told me she doesn't know if she wants to live with her mum but would like to come and live with me. It would be a big change for her as leaving her younger brother and school etc. I normally see them every 2 weeks on the wkend and every other holiday. I'm fine with this if that's what my daughter wants not to sure abut her mum though. Where do I stand thanks
Xxhayles 24/08/2015 at 4:49 pm
I lost custody of my daughter due to mental health break down my mother has a special guardianship that was 3/4 years ago I have been stable over two years and want to go back to court for custody as my daughter is 6 and basically with me near enough everyday has over nights wen ever she wants the am on a regular basis and there is no legal aid for me so am planing on representing myself can eny body give me some advice
Please and how I do this ??
LawAndParents Editor 18/08/2015 at 10:15 am
Yes you can apply for full residency (which in effect you already have) via the courts, this should help you to make an application for replacement passports for the children.
jomcg 17/08/2015 at 2:31 pm
hi all I need advice, my ex and me were supposed to have joint custody of the children. But never once did he adhere to the judgement set out. Over a year since he last saw the boys. Can I apply to be sole parent for them?
And tip staff have lost my passports they were meant to be returned over a year ago what can I do?
LawAndParents Editor 17/07/2015 at 2:41 pm
@thomo. You can make an application to the courts for a residency order, they courts will look at all the circumstances and make a decision based on the best interests of the children. The form to use is form C100.
thomo 15/07/2015 at 3:07 pm
I have been separated for little under 2 years my reason for leaving were vast I had regular access with my 2 children one of whom has autism both kids share a room that's not fit for an animal far less kids, cut a long story short I met fell in love and due another baby we it my new partner however in the last 5 months I've seen my children 3 times each time I've had to buy them clothes get them to eat even cut there nails as my son's were ridiculous and embarrassing had to wash them take them outside to see the world, I found out my csa money was used for vets bills and debts I always paid on time I brought up the seriously ill fitting clothes on both kids and the whole nails thing to be told I don't cut nails not my job and clothes will do them I have my horse to pay for my son is constantly abandoned with someone else while the other is preferred I'm in bits I have made a beautiful home separate rooms for them yet denied them!! Would this be beneficial in gaining custody of my children financially I'm good also and would have my job work around them
LawAndParents Editor 17/07/2015 at 12:59 pm
@Matt83. Apply for whatever you think would be best for your son.
LawAndParents Editor 17/07/2015 at 11:16 am
@Matt83. Unless you have already been to mediation and/or the courts, you will be expected to try mediation first. See Section 10 of the Children and Families Act 2014 . There are provisions if one party refuses to attend.
matt83 14/07/2015 at 8:12 am
Hi

I have one quick question
I am going to take my ex partner to court for custody of our son due to unhealthy living conditions but
When applying to court would it be joint custody with myself being the main carer
Or will I go for full custody with he ex partner having visitation rights (6days out of 14) she would have which is more than most men ever get
Matt83 13/07/2015 at 4:41 pm
Thanks
She won't agree to the arrangements, do I still need mediation if I go for full custody?
LawAndParents Editor 13/07/2015 at 10:02 am
@Matt83. Firstly see if you can come to some kind of arrangement with the mother, one which you're both happy with. If you cannot agree, then you will need to apply to the courts for a residency/child arrangements order using form C100. The courts will look at all the factors and decide based on the best interests of the child.
Matt83 07/07/2015 at 10:59 am
I have a son who is 10 month old, currently leaves with his mum and his grandma. He is always tired and not getting the right sleep when he is there and they sit in a room all day with doors shut and watch tv. How can I get full custoday? I take him swimming, park, and have a nusery set up for him when I'm at work. But also have days so his mum can see him and have him overnights. I'm worried he will just be miserable sitting in a room and not going away. She doesn't take him out or to play groups. Any advice
LawAndParents Editor 09/07/2015 at 9:55 am
@DMO78. If you cannot come to an agreement between you, you can try a mediation service to help you make arrangements, if that fails you can apply to the courts for a child arrangements order. The courts will listen to both sides and decide in favour of the children's best interests.
Dmo78 05/07/2015 at 10:26 am
My husband and I are splitting up and he is refusing to let me take our sons with me.Our eldest is disabled and the youngest a toddler.I do everything for the boys whilst he does nothing and spends most of his time with his friends.Would the panel take this into consideration if I apply for custody?
LawAndParents Editor 30/06/2015 at 10:24 am
@1234 Not necessarily but you do have to have somewhere that the child/children can live safely etc. The courts will review the circumstances of both parents and also their relationship with the children before making any decision.
1234 26/06/2015 at 8:07 am
To get custody to you have to have your own house?
Bobbykins 24/06/2015 at 9:45 pm
Hello i have my ex partners 14 yr old son living with me he was my mother's day present lol whilst he has been in my care his father didn't show him any love or interest his father soon moved out leaving his son in my care he has blocked his own son on fb and closed his xbox account down so he can not contact act his dad how ever this is a lovely boy that was brought up by he's grandparents from the young age off 6 week old he has never met his mother but from the age of 11 yr he stayed with he's aunt until he's dad got married and took him to that family till they got divorced then of he went to a gig friend of his father then to his next wife then back to an ex girlfriend until he was brought to me he is a lovely child who obviously gas a couple of small issues but just needs to be loved and needs stability can I take custody or even adopt him he respects me and hopes that I can be the mother he has always longed for . Many thanks for reading this I look forward to your reply and advice .
Miko 21/06/2015 at 11:50 pm
I have had my children in my home for five years. Their father abandon us when my son was born. Now he wants to be in their lives and has taken them and told my ill never see them again. What can I do to get full custody of them?
LawAndParents Editor 15/06/2015 at 2:39 pm
@Jaccipit. A child can choose where he/she wants to live from the age of 16. Usually maintenance continues while a child is in further education (up to A level standard) but if you know the child is no longer living with the mother, you can apply to have this stopped.
Jacippit 10/06/2015 at 3:35 pm
My son is now 17 and when I divorced 16 years ago my ex got custody and I had to pay maintenance for my son only. My son has now moved out / been thrown out by my ex and is now living with me. My question is simple, do I stay have to pay maintenance and does the custody order still apply?
LawAndParents Editor 03/06/2015 at 11:12 am
@kirst. You could try a mediation service before resorting to the courts. They can help you come to a mutual agreement and produce a written record of this. Your local Citizen's Advice Bureau will have a list of mediation services in your area.
Kirst 01/06/2015 at 2:33 am
Hi, was hoping for some advice. Myself and my partner have just split up, we have a one year old daughter together. We aren't married and he is on her birth certificate. We have lived together in Leicester for about a year but now we are no longer together I'm moving back to Nottingham to be around family and he is staying in the house in Leicester due to his job being there. We are trying to figure out a situation where everyone is happy but it's only ending in arguments and we need another opinion. What would be the next step towards getting it sorted in court?
LawAndParents Editor 03/06/2015 at 10:27 am
@Junior83. You'd have to apply to the courts, they will decide what is in the best interests of your daughter. On the other hand once she is 16 she can choose to do as she likes, so it may be easier to wait until then.
Junior83 31/05/2015 at 5:08 pm
My parents have parental rights of my daughter who's 15 this year...Can I not apply now to full custody of my daughter and have partner adopt my daughter as his own is this nor possible?
Cookie 25/05/2015 at 2:42 pm
I'm concerned that my son is been neglected by his mum, I have my son 2 nights a week, it used to be a 50/50 split, my days change weekly to suit her working pattern. He has a medical condition and needs to have a procedure done at home 3 times a week minimum, but this is not been done by his mum, he regularly goes over a week without treatment, unless he has been to mine in that time. I know this as his last prescription was 3 months ago and they only supply enough for 2 months treatment. She provides me with his treatments when I pick him up. I'm worried that if I push things I might end up not seeing him at all. If this goes on too long he might end up with his condition worsening or become life threatening and I can't let that happen. What are my rights in pushing for full custody so his needs will be met fully.

I am on the Birth cert but we have never married, my son was born in 2004.

Your advice is much appreciated

Cookie
LawAndParents Editor 15/05/2015 at 10:30 am
@littlenprotection. Do you fear that he might harm the child? Or just his behaviour towards you in the presence of your child?
Littlenprotection 11/05/2015 at 12:19 am
I have been emotionally abused by my ex partner since the day he found out I was pregnant. He resented my choice of keeping the baby. My pregnancy was a life threatening situation for my child and myself which he showed no empathy for. Once the baby arrived he did very little to help. We split up several times over and even when together the ex didnt provide a secure home, the baby and myself lived out of a suitcase. The exs resentment built up and it would cause him to be vile and callous towards me. This last time we have been together only 4 months and he has still been ville towards me but taken more of an interest in our child, whos now 2.5 but I am now scared at how he can be nice one minute and vicious the next. Im worried about the emotional wellbeing of our child. What can I do?
Pav 05/05/2015 at 6:52 pm
Hello, pls I need your help. I am divorced with albanian man and have with him one 4 years old child. Why we are divorced is than he did not want our child. I take care of my child myself... He seen our child only a few times and does not pay regularly too...I do not about him nothing, where he is living, working but just know he is more than 8 months without UK visa because he wanted some documents from me and our child...I did not want to give it to him so he was very vulgar to me and he threatened me and now he said he will apply for join custody and take our child from me...he never care, our daughter is not accustomed to him and is not fair from him..I want to protect us from him and I want full of custody and report him that he is now illegally in the UK but does not know too much about him...Does he is any rights if he does not have a visa now plus my daughter was born in the UK but has my nationality, my surname plus would like to go back with her to my home country EU country but he wants to stop me not to go..Does he has some rights? What shall I to do? Thank you for any advice.
LawAndParents Editor 30/04/2015 at 12:44 pm
@Rds. You cannot change the name on the birth certificate but you can use both surnames (eg. double barrelled) or have a "known as" name, when you refer to your son on forms, school, nursery etc. Your ex will have always have parental responsibility as the natural father. In the absence of any other agreements or court orders, you automatically have residency as the mother.
rds 25/04/2015 at 1:28 pm
Hi my sons father has had no contact in any form for a year now, i have provided and cared for my son for 16 months without any kind of help from his father, i am wondering if i could apply for sole custody of my son in order to be able to make decisions for him without his absent fathers consent,, also could i change or add on my last name on his birth certificate so we have the same name to make things easier with schools etc, any advice would be appreciated thanks
LawAndParents Editor 27/04/2015 at 2:06 pm
@james. If you think it will be better for the children to live with you (are you now back in the original family home?) then you should apply to the family courts for full residency. The courts will look at all the factors involved in the children's lives and will also commission a CAFCASS report. You may want to ask a solicitor or an adviser at the Citizen's Advice Bureau for assistance with applying. If you want to represent yourself in court, remember that you can take a McKenzie friend in with you (someone who can organise your documents and support you but cannot speak on your behalf).
James 22/04/2015 at 3:14 pm
Hi hoping I can get some generic advice.

I have 3 young children 3,4,6 all with the same mother we split last October the mum had an affair she was living with me in Nottingham till January then I decided to move out and live with my mother, she moved out off the family home to her hometown of Wakefield this is also where her new partner lives (30yr old with no children 3rd story flat only 2 bedroom) since she has been living in Wakefield with the 3 children she has been referred to social services numerous times for numerous reasons, more recently the Wakefield social services told me that my children have been put on an at risk register from Child protection there has been a conference, I never got an invite despite asking I'm also still awaiting the minutes of the meeting and the child protection plan. The social worker has told me that what she is doing to the children has gone down as "neglect". What I need to know is will I stand a good chance of getting full custody if I was too apply at court?
LawAndParents Editor 16/04/2015 at 10:33 am
@callumsdad. Ask around your local area for childcare options. There are many afterschool clubs and holiday clubs which do not cost a great deal. As a single parent, you might be entitled to extra help, in terms of child tax credits, child benefit etc which would help towards this. You may also find another parent at your son's school who is a childminder, who could help out for a reasonable cost. Social services should be able to help with all this information, if not Citizen's Advice Bureau will be able to give advice. The Turn2 Us website can help you calculate any additional benefits to which you may be entitled.
Callumsdad 15/04/2015 at 11:47 am
Hi My girlfriend and I split when my son was 3 months old in 2009. We were both young when he had our son. She was 17 and I was 18. Since then apart from the occasional weekend I have had care of my son every weekend.Before he started school I had him from Wednesday to Sunday as my ex liked to party and I am a stay at home person. Since he started school I only have have him from Friday after school until Sunday lunch time unless its half term and I have him a little longer work permitting. My Ex has since gone on to have 2 more kids now aged 4 and 2 (my son is 6) and has got social services chasing her because my son is not attending school regularly because she forgets to set her alarm!! I am listed as the father on the birth certificate but he does not have my surname as my ex admits out of spite she deliberately kept her family name for him. The social worker is advising that I go for full custody of my son but I can not afford to change my hours of work to be able to fit around a. school hours and b. school holidays. Has any one else had this issue and found a way to resolve it as I would gladly take my son on full time if there was the support network available.
LawAndParents Editor 15/04/2015 at 10:37 am
@Bella. If you can come an arrangement amicably over a change in the children's arrangements that will be fine. If you are concerned that the children's welfare is suffering and you ex husband is refusing to alter the existing arrangements, then you will need to seek a residence order/child arrangements order via the courts.
Bella 13/04/2015 at 3:10 pm
Myself and my husband split almost 2 years ago and he insisted on keeping our 2 children. I reluctantly agreed to it so I could get myself sorted. Over that time I have noticed that their living conditions have gotten increasingly worse..There's always dirty washing, dirty dishes and rubbish everywhere and the whole house smells. My daughter always smells of urine because she has accidents at night and instead of cleaning her mattress, he covers it up then puts her back in the bed the following night. Over time the bed now smells strongly of urine so she smells of it when she gets up in the morning, he doesn't bathe the children regular so the smell is permanent. My son isn't encouraged to clean his teeth or take any interest in his personal hygiene, so has yellow teeth and has a meltdown everytime I ask him to clean his teeth ( he has autism). I've tried speaking to my husband about this numerous times but nothing ever changes. My daughter says she wants to live with me, but my son insists he wants to stay with his dad...what do I do??
LawAndParents Editor 14/04/2015 at 12:48 pm
@needhelp. You automatically have residency for your daughter as the mother. If your ex decides he wants to have contact, he will have rights as a parent with parental responsibility. You may need to apply for a court order to prevent him seeing her if you fear violence.
Needhelp 11/04/2015 at 11:16 pm
My husband walked out on me and our daughter 3 years ago she is nearly 5 years old now! He used to hit me quiet a lot but I never reported it thou I do have witnesses! He has not seen or spoken to our little girl in 3 years and not supported her for 2.5 years! I work full time and bring her up myself! I can manage and want to know if I can get full custody of her! I'm scared of him and his ways and worried what he would do to my daughter! What are my options? We r still married and not legally separated - we don't own anything together
LawAndParents Editor 13/04/2015 at 12:11 pm
@Nreed82. You could try mediation to come to some sort of agreement (the Citizen's Advice Bureau will be able to provide details of mediators in your area). If that is unsuccessful you may need to apply for a full residence/child arrangements order. The courts will look at all your information and make a decision based on what's in the best interests of your son. Here is the government's guide to the process.
Nreed82 10/04/2015 at 10:54 am
I have a 4yr old son with my ex girlfriend whom we share the care of she currently has him mon evening -fri and I have him fri night - Mon morning (school drop off) I also have our son in the school holidays in between his mother and both sets of grandparents, my issue is that she doesn't actually spend much time with our son as her parents collect him from school and give him his tea etc whilst his mother visits the gym straight from work until at least 7pm before taking him home to bed which disrupts his routine, on the holiday days she is always reluctant to collect him on set times as she is constantly (busy) and (running late) or has (other plans). After speaking to both sets of grandparents they are aware that a change should be made and they have discussed me trying to gain full custody as his mother is disinterested to say the least and I myself her parents and sisters have all tried to discuss this with her but to no avail?! What can I realistically do?
LawAndParents Editor 30/03/2015 at 12:01 pm
@C1airet. You have repsonsibility for the day to day decisions. It's the big ones that he should be informed about such as moving schools or having an operation etc.
c1airet 25/03/2015 at 8:17 pm
I don't want to deny his father access, and if I had full custody I still wouldn't prevent contact. I just want to be assured that in the future he can't just turn around and demand control when he has provided nothing. I have informed him of nursery visits or doctor enrollment but he has not been interested, so I feel that I should then be able to make decisions similar to this in the future without his input.
LawAndParents Editor 27/03/2015 at 12:01 pm
@Allie. This is so tough for you and your children. If only there were compulsory counselling sessions/courses for semi-absent parents so they could realise the effect of their inconsistent behaviour on the children. Mediation and court will help to firm up arrangements but your ex needs to know that by not sticking to his side of the bargain he is damaging his children and his relationship with them. Communication between the two of you is clearly strained but is there someone else who could intervene? A mutual friend or relative? Would he consider counselling just to get to a point where communication and routine could be made easier?
Allie 25/03/2015 at 1:09 am
My children have not seen their father for nearly a year. Over the last 3 years he has been in and out of their lives and I have put up with it. The same pattern, lifestyle change, argument with me, no contact for months, contact, he wants to change his contact arrangements with the children. I have agreed on many occasions but this time we had all had enough worn out is what describes us, me and my eldest have both had forms of counciling and it was after this I realised what damage their Dad was actually having on our lives. He contacted me after 10 weeks of not seeing the children and I just ignored the letter, which justified and blamed me for his own absence, I recevied another letter about 4 weeks later which I ignored again, I just couldn't believe it I had dealt with the boys feelings, rejection, bed wetting, outbursts etc and just as we're getting back to normal he writes an unforgiving letter to me.
Well after a year my anger has subsided, my 3 year old doesn't remember his dad but wants to see him, but my 6 year old doesn't want to see him and he doesn't really have a reason, just says he doesn't want to go. I applied for mediation at Christmas and I went but their father didn't and it doesn't look like he will go to mediation.
I am finding it really hard sticking to my guns to ensure we go down the formal route of mediation and court if neccesary because it lays heavy on my heart especially as I think the children would benefit from seeing him as long as he was reliable, responsible and out the children first. I need someone else to tell me what to do :(
LawAndParents Editor 26/03/2015 at 11:24 am
@Angel. The courts should take everything to do with the child and all her extended family into consideration.
angel 23/03/2015 at 8:42 pm
Thank you for your answer. I never wanted to deny my daughter contact with her father whom she loves very much. One of my concerns is that I am Italian and my mother cannot travel to England. All my relatives live there. I have no family here. My mother has been seeing her granddaughter twice a Year but with the new arrangement I cannot longer do that. There is an irretrievable breakdown in communication between me and her dad. I know that, now I signed the papers, he won't grant me permission to go unless I agree for her to have even more time with him. Since I cannot longer afford a lawyer I would have to do the application to vary the order and represent myself in Court. The first time round was very stressful. I am not sure how the Court view such issues. I feel that spending time with her family in Italy is very important but will the Court take that into consideration?
LawAndParents Editor 24/03/2015 at 2:07 pm
@C1airet. If the father choose to have no contact you have full residency by default really. Your child's father has parental responsibility as he is on the birth certficate so you cannot take that away. Would you really want your child never to have any contact with his father though?
c1airet 21/03/2015 at 10:02 am
I have an 8month old son who i have been solely responsible for since birth. His father left me when i was 5 months pregnant (and was pretty horrible throughout) and has provided no money for him. He does see our child but on a very irregular basis. I have provided playmat/toys etc for his flat as he failed to prepare to provide for our son - this has not changed. I have tried to arrange regular contact verbally but he would not commit. I then put my wishes in writing akong with a parentak agreement form but again he refused to enter into the agreement or commit. He is on the birth certificate as he is the father but he has failed to provide anything so far. I would like to know how i legally obtain sole parental responsibilty/custody legally as i am already raising him alone as it is?
LawAndParents Editor 23/03/2015 at 11:59 am
@angel. Is there a reason why the father should not have the amount of contact he has? Are the current arrangements detrimental to your daughter? If you have some valid reasons for thinking this then you could always return to the courts to try and reduce the contact. However, you need analyse the situation carefully and think about whether it's your daughter's happiness or your own that is a priority.
angel 19/03/2015 at 8:16 pm
My ex partner left me when my daughter was 2 months old. He was forceful about how much time he wanted with her. We never lived together. My daughter is 3 now. I have just spent £5.000 on lawyers fees as I took him to court to formalise contact under a child arrangement order. I was under pressure even though a lawyer was with me and I agreed for him to have more contact that before. I felt unable to fight my corner. I am really unhappy with the arrangements. I cannot longer afford a lawyer. What. Can I do? I am desperately sad.
LawAndParents Editor 19/03/2015 at 10:58 am
@Littlelegs. There's nothing to prevent him applying to the UK courts for this, but obviously the decision will rest with the courts.
Little legs 17/03/2015 at 7:21 am
Should mention I was given custody of her 3 oldest back in 2007 and have had a contact order since they returned to her custody
But once she got them back things went down hill, everytime social services get involved she ups her game n things improve but soon as they ease off things go back to bad.
Little legs 17/03/2015 at 6:50 am
My niece has had social services involved for 8yrs due to safety & neglect of her children.Her 3 youngest have just been placed with their paternal grandma Her oldest recently moved to Australia with his dad after social services gave her an ultimatum to either agree to it or they would start proceedings to have all 6 of her children put in to care.Can her ex from Australia apply for custody of his other 2 children & take them to Australia to, on the grounds that social services have removed the 3 younger ones (from a differnt father) & the mother is failing to provide a safe home for the children?
LawAndParents Editor 16/03/2015 at 12:40 pm
@SSKC89. A special guardianship order usually remains in place until te age of 18. It does not extinguish parental responsibility/rights so you would not be able to change/use other names for the children without the consent of the parent.
SSKC89 12/03/2015 at 9:35 pm
Hi
I have a SGO for my 2 nieces is it possible that in years to come the mother can regain custody if she sorts her life out? Because after 7 years in court she has now agreed by consent but didn't agree to treashold so does she have grounds to say well there was no good reason in the first place ? And can I l let the children be known under different surnames in school not officially changing there surname ? Thanks
LawAndParents Editor 06/03/2015 at 1:47 pm
@mydadi. We can't really give you an idea of your chances as that is for the courts to decide. here is how to apply
mydadi 04/03/2015 at 2:18 am
I have 2 children whom we live together with their mother who is a pathological liar. she once lied of DV against me to the police who did nothing has her story was inconsistent. she then ran to a refuge centre after picking my children from the nursery declaring herself homeless with an aim of getting a council property that attempt also failed and fell back on her face and came back begging. I allowed her back for the sake of my children and family intervention. however due to that, my children have been put under child protection order by the social services. I have also realised that she maltreats one of my children especially when I am out of town as there as been unexplainable physical body injuries on him( I have picture evidence) I have confronted her over his injuries on different occasions without getting any credible response. I was away last weekend only to come back and find my son limping due to an unexplainable injury to his right leg. I am now very much concerned and worried about the welfare of my children. I have also just found out that she has been lying about her age and qualification.
I am now thinking of applying for the custody of my children. Pls advise of my chances on getting custody and how to go about the custody application. Thanks
LawAndParents Editor 06/03/2015 at 11:46 am
@W2b At the moment you do have sole custody as the father is not around. If he turns up and wants to contact you could negotiation visitation rights with him. If he wants more e.g residency then he would have to apply via the courts.
W2b 03/03/2015 at 3:56 pm
Ive got 6yrs old daughter when she was 2 yrs old Me and her dad split up and since then we never seen him again ! But I made him pay maintence as found it old payslip ! I tried contact him etc no respond Can I apply for sole custody or something like that as he wasn't around for couple of years ?
LawAndParents Editor 02/03/2015 at 2:21 pm
@nellm. Yes you do - as he has parental responsibility he has to give his consent on any important events/decisions in their lives.
nellm 26/02/2015 at 2:19 pm
I have separated from my husband. We have a 15, just short of 16 year old and a 14 year old. The kids decided they wanted to live with me. I was trying to keep things as amicable as possible and allow him access to the kids whenever they wanted. He has been very volatile for years and I had to regularly physically stop him from hitting them. Now I have said that I don't want to see him any more and decided to take the kids on holiday for a few days without asking his permission he is threatening me with the police, social services and the education depth because I home school them and he doesn't like it. I am just about to start divorce proceedings. But do I need to ask his permission to take the kids away or home school them?
LawAndParents Editor 25/02/2015 at 9:59 am
@knighty. Is there some reason why the child's mother wants a court order? See if you can find out the reason? Is it to do with maintenance/financial support? If so, you will be encouraged to negotiate something out of court first usually by simply coming to an agreeable yourselves or via a mediator. If she has simply stopped access and will not negotiate then yes unfortunately you may have to resort to court order. here's how to proceed with that
Knighty 22/02/2015 at 8:18 pm
What the situation if I've had access for 10 years but all of sudden stopped completely and her mother had demanded court papers for me to see Her.

Where do I stand in terms of court
LawAndParents Editor 18/02/2015 at 2:58 pm
@Zap. If the mother is willing they can apply to the courts indicating their mutual agreement. A court order may not even be necessary but you would need to check this.
zap 17/02/2015 at 7:45 pm
My partner and his ex have a court order stating their daughter has full time residency with her mother. My partner has her in the school holidays. However due to a change in her mothers circumstances, she now wants her daughter to live with us. I was just wondering how we go about making this happen?
LawAndParents Editor 17/02/2015 at 10:59 am
@worriedauntie. If you're concerned about the welfare of your niece you should first report this to social services.
Worried Auntie 15/02/2015 at 2:17 pm
how can I go about getting custody of my niece. who is being mentally and emotionally abused by her mother. the parent is my sister. nd she keeps speaking to my niece about things a 9yr old shouldnt have to hear or go thru. please please. I need some advice asap.
LawAndParents Editor 13/02/2015 at 1:56 pm
@Jambo. YOu will need to speak with social workers to see what advice they give. You can apply for joint custody via the courts but may need your parents back up as you're 16.
jambo 12/02/2015 at 1:04 pm
Hi
I am a 16 year old who is seperated from my ex partner also 16, wee have a 3 week old baby who currently lives with my mother and father who have been placed as kinship carers.

My ex partner has ongoing issues with social worker's and is currently waiting on a place in residential care along with my daughter for 6 weeks .

What would my chances be of getting joint custody when my daughter goes back to stay with her mother?
LawAndParents Editor 12/02/2015 at 12:24 pm
@sarahchristina. The courts would look at all the circumstances and would make a decision that they considered to be in the best interests of the child.
sarahchristina 09/02/2015 at 5:53 pm
Hi,my name is Sarah,I am 17,I'm 25weeks pregnant,my mum is trying to claim full custody of my unborn son,she has MS,an heart condition,and struggles on a daily basis to look after herself,would she be able to claim custody of my son in her condition?
LawAndParents Editor 09/02/2015 at 2:23 pm
@bubbles darling. You should both sit down with an impartial mediator and draw up and agreement that you're both reasonably happy with. This will provide you both with something that can be referred back to when any issues arise. Your next step would be to try the courts but hopefully that will not be necessary.
bubbles darling 05/02/2015 at 11:56 am
Hi
divorced 5 yrs and have a daughter aged 10yrs.
50/50 custody sharing with a everyother day and everyother weekend pattern. We live 19 miles distance from each other.
My daughters school, day care etc near me.
My ex who pays the min maintanance, refuses to buy any uniform, doesnt pay for sport clubs of hobbies or anything to do with school. He does pay 50% of day care costs in the term time.
He now wants to change 2 tuesdays a month to have the evenings with his girlfriend. I have agreed to this in exchange for the dates he will cover in the school holidays. He will not given any information ref what 50% he will cover for any of the holidays in 2015. leaving me in a situation where i cannot even book day care as I dont know where she will be
Since 14 Jan 2015 when he made his demand that I change, he has now uincreased the demands to changing all week days. He wants me to have custody every mon, tues he wants my daughter every wed thurs, and we share everyother weekend.
I can not do this as a nurse I need to work bank holidays and would not be able to get child care.
So he increased the demand, to me collecting my daughter from day care on the days I do not have custody and delivering her 19 miles every other day and in the mornings I do not have custody i have to travel 19 miles to pick her up and drop her to day care before school, all before I work full time.
I have received abusive threatening text messages bullying me to give in to his demands. I've received a solicitors letter on 31/1/15 and without giving me chance to reply I have had the phonecall from medication and he has attended court and continued to send intrusive messages. He has also contacted my family sister and dad who I even dont have contact with and my daughter has been speaking with them via multimedia.
My ex is very manipulative and put my daughter at risk by leaving her own her own aged 7 and giving a known convicted paedofile contact with my daughter aged 8 (his dad) when asked not to because he needed his dad to buy him a washing machine and fridge.
will a judge this these demands are unreasonable when ive actually agreed to have my daughter 2 evenings a month so he can develop a new relationship.
I also helped him for 14 months dropping my daughter off at day care prior to schhol everyday as he wanting to start work early. I'm heart broken it will go to court.
I cannot be dictated to like this. He left the marriage yet he still has control over me please help
LawAndParents Editor 27/01/2015 at 2:37 pm
@trace. That's for the courts to decide - they will look at all your circumstances and decide what's best for the children.
trace 26/01/2015 at 11:06 am
hi i have full custody of my 3 children but my ex wants to take me back to court to try for custody again what are his chances of that happening
LawAndParents Editor 26/01/2015 at 11:22 am
@spider. Sorry, but we do not know enough about your case to advise on this. If your sister would like to look after your son full time, then you should speak to your local council and social services about the various options - such as fostering, legal guardianship etc
spider 22/01/2015 at 2:39 pm
I would like to know if my sister and her partner world be able to get custody as I am disabled just like my son who has cerebral palsy but I think my ex parner is taking drugs and as I am disabled my self with epilepsy and transverse myelitis I can't look after him so would it be possible to see if my sister and her partner could get fall time custody
LawAndParents Editor 21/01/2015 at 12:55 pm
@P. Assuming you both have parental responsibility it is a criminal offence in the UK to emigrate with a child without the permission of the other parent (or a court order). Unfortunately professional legal help will be needed to try and get an agreement in place for access etc. When choosing a legal firm, look for one that has experience in this kind of case.
P 19/01/2015 at 11:17 am
Hi there,
My gf has split up with me and has decided to settle permanently in South Africa where we initially went for a family holiday and ended up having an argument. She has our 2 yr old son with her and has stopped taking my calls and severed all contact with me. I know her address in SA and wanted to know how and in which country can I apply for my child's custody and contact order considering my gf lives out of the UK. We are British citizens and were resident in the UK before our split up. I will appreciate any help and guidance. Thanks
inthedark 16/01/2015 at 8:57 am
I have 6 yr old son that was born in Czech republic. His father n I have separated 1.5 yrs ago and we haven't seen him since. Last known whereabouts were in Spain, but i doubt he is still there. I need to have sole custody granted since I was married to this guy as well and want to finalize everything and move on with my life. I was told that even tho my son was born outside uk, I have to have the custody done here, since we live here permanently. Where do I start? What do I do?
Jane 08/01/2015 at 5:59 pm
Hi I have a 14 year old son who is care and been their since he was 5years old,I have just started to see him again after a long time,he is saying that he want to come and live with me which is what I want,but wanted to no what I can do to get him home,or does he have to stay where he is till his 16 or 18.
LawAndParents Editor 08/01/2015 at 2:06 pm
@SS43. We cannot give any idea as to who has the best chance of custody, but the courts will take all your circumstances into consideration and make a decision that they think will be in the best interests of the children.
ss43 07/01/2015 at 12:07 am
I am a single parent on benefits, and have recently found out that my ex intends to go for joint custody in order to claim half my benefits as he recentl;y lost his mother and all the benefits he was claiming for her as her carer. we have 4 children and split in july 2012 and been divorced since october 2013. One of our children went to live with him but has since come back home to live with me as she wasnt happy there, he has never paid a penny in maintenence or money towards school trips. we had a mutual arrangement for when he sees the youngest 3 which equates currently to every second weekend. my eldest through her own choosing does not go to her dads at all likewise my second child that lived with her dad chose to do so herself before returning home to live with me. my childrens ages are 15 13 11 and 9, and if he does this what are his chances of succeeding?
LawAndParents Editor 08/01/2015 at 10:14 am
@Viv. He can apply to the courts for custody, but the courts will take all of your circumstances into account and make a decision based on your daughter's best interests.
viv 05/01/2015 at 11:02 pm
I have a 26 year old disabled daughter and her dad not really bothered with her till I got a boyfriend and he found out he been in jail now he says he can get custody of her even though I look after her all the time and he don't he lives with a partner but still try to scare me saying he can get her of me please help me
LawAndParents Editor 18/12/2014 at 10:59 am
@Andy. If you do not think your ex would be open to a resolution via mediation, then you should do this via the court system. If as you say, your ex partner has other issues (cocaine use etc), then the courts may want to take this into account and conduct further investigations.
Andy 17/12/2014 at 9:13 am
Hi, i have twins that since their birth i have been the main carer for as she was classed as disabled. staying in bed until lunch time most days i looked after them. Now they are living with me as they have done since their birth. Was shared between when we split up years ago. but for the past year she has barely seen the kids and has had no contact over the past 4 months. now she feels she wants to see them again, but i am worried as legally she has the same rights as me although i have prove she has had no contact for months, and very little in the past year or so. I also believe her and her new partner uses cocaine. Im living with my current partner who is currently pregnant and is a main carer for the children, who are very happy at the moment. I have looked at a residency order, but i feel full custody would be the way to go. I know she would not accept mediation to the degree i would (pride and embarrassment of being a poor mother). would i still need to apply for a residency order or could i do that without wasting money on mediation. pls help.
DJC 10/12/2014 at 11:07 pm
I have a 7 year old son who has been living with me for the past few months now, his mother was neglecting him & spending all her spare time with her new boyfriend. We have been split a long time but since she has got a new boyfriend 6 months ago she is neglecting my son & a daughter she has from a previous relationship (who now lives with her mum). She hasn't seen my son now for over a month so I'm thinking of applying for full custody because I'm sick of him being neglected. Where do I stand? I live on my own & me & my ex-partner are not married (she moved out 3 years ago), my name is on the birth certificate, I am also self employed. Thankyou
LawAndParents Editor 25/11/2014 at 12:08 pm
@jane. If she is currently living with her mother, you would need to seek legal advice and also possibly social services.
jane 24/11/2014 at 1:06 am
my sisters 7 yr old was left with my mam at just 3 mouths old till she was 4 yrs old with no help no money of my sister now she lives with her mam but we have good reson to think she is being neglected and has often asked if she can live with my mam we would like to try and get custody of her what do we do
LawAndParents Editor 17/11/2014 at 10:54 am
@jemmad. As your ex has PR, he would need to be consulted before you took your daughter to live abroad. Try various family members, friends and the CSA to track him down and ask for his consent. If this is unsuccessful you would need to act via the courts.
Jemmad 16/11/2014 at 3:42 pm
Hi, I have a 9 year old daughter. I have been seperated from her father sinve she was 4 years old but not yet divorced. His name is on the birth certificate. Since our seperation he has barely seen her and in the last three years I doubt he has seen her mpre than once a year. He pays next to nothing in maintainance and has told the CSA hes on jobseekers allowance so he only has to pay the bare minimum even though he has had several jobs. Every time they track him down he quits and goes back on JSA. I am with a new partner now with whom I have a baby boy. My partner is in a job that could potentially offer opportunities for him.in other countries and he wants to be able to take us with him obviously. However we are unsure on how my exs joint custody would restrict us and what could be done to resolve this so we wouldn't have to worry about it in the future.
LawAndParents Editor 12/11/2014 at 2:25 pm
@Cass - as the mother, you automatically have parental responsibility and you are the parent with the day to day care unless your ex partner contests this in court. There is no need for you to act unless he does that.
Cass 11/11/2014 at 2:37 pm
I am 26 years old and have a 4 month old son I was self employed before I was pregnant and my partner and I was engaged. How ever when we found out I was pregnant he disappear into thin air.. Did not see him for 4 months .. Then for the rest of the pregnancy he did not show up for anything other than birth .. I had a bad pregnancy and could not walk so I could not work .. I ended up loosing my house and everything and for the first time end up on benefit .. My partner has done nothing for the baby other than buy him 2 box of pampers since he has been born.. He is using the baby to force me to be with him because when I tell him I don't want a relationship he don't come to see the baby .. Another thing I was with him for 3 years and did not know he did not have his papers and part of me believe he want to use my baby for him to get his visa because he been also pressuring marriage and pressuring me to sign papers to say he is a provider. I have not sign anything but would like to know if I go for full custody would I lose ?
LawAndParents Editor 06/11/2014 at 11:21 am
@Singlemummy. You should feel better after a court order has resolved this. While your son is young and breastfeeding the courts will take all this into consideration. They may then make an order for visitation rights/access and will take your situations into account, so you should not be expected to undertake all the travel yourself.
LawAndParents Editor 23/10/2014 at 10:51 am
@Alison Brightwell. He could apply for access or shared residency. The baby is still very young and there's a minor involved so it's likely that the courts will instigate a lot of investigation and a social worker's report.
Alison Brightwell 21/10/2014 at 10:39 am
Hi my son is 16 and his girlfriend is 15. since his daughter has beenborn about 1 week ago she has not allowed him to be alone with his daughterand is constantly telling him lies when he told her that he wanted to finish the relationship but still see his daughter and be a good dad for hershe said if she and him are not together then he wont see his daughter he now wants to go for custody what are his chances and do he get morerights as she is still a minor and is there anything he can do to help his girlfriendmother is very controling and will control her daughter to keep her grandaughterShe has already tried to get oneOf her sons children because she didnt likehis partner but luckly she lost thanks and I hope youcan help him
LawAndParents Editor 29/09/2014 at 9:59 am
@R. Make sure you try carry on seeing your son, possibly on neutral territory such as a coffee shop etc (without your new partner). Chances are this will blow over and he will be back with you soon. If not then you may have to renegotiate access/residency arrangements via the courts. It's difficult, but you also need to try to get back on good terms with your son's father as this will make things much easier for all of you, especially your son who at 14 will be having things tough enough as it is.
R 25/09/2014 at 4:18 pm
Hi my husband and i split over 3 yrs ago and are currently going through a divorce. He hasn't really seen that much of my 14yr old son during this time. it had got to the stage where i was marking on the calender when he was seeing him. But a about a month or so ago my ex offered my son a Saturday job at his place of employment, which i thought great, he'll see more of his dad and also spends the night before with him. But I noticed that whenever he came home after work he always had a serious attitude and showed me and my partner no respect. Tensions have been building and it came to a head 2 weeks ago, my son was saying some really hurtful thing to myself and that he hated my partner. My partner asked him to apologise to me for the hurtful things he said to me but he just swore at him, so my partner advised him to pack his bags and go to his fathers until his attitude was sorted out. The things that were coming out of my sons mouth were so clearly that of his fathers whom i have known for 24 years and been married to for 21 years. This all co - insides with an argument us adults had about 6 weeks early where communications broke down between his father and i. I can't help but wonder if he has be planning this as he seem to have the foresight to stop all maintenance payments 2 weeks before the big argument with my son. I text my son every day but don't get a great response. my son and i have always been very close. I just don't know what to do. Please help
LawAndParents Editor 19/09/2014 at 10:28 am
@baby d. Could you partner ask for supervised access or pick ups for a time until his ex settles down?
Baby d 18/09/2014 at 9:00 am
Hi my partner split from his ex about 1 year ago she has an injunction which ends in Nov my partner really wants to see his son but his ex and her partner are full of so many lies and wants everyone to feel sorry for them what can we do please help us
Daigwili 10/09/2014 at 3:59 pm
Hi there my gf has split up with me due to her frauding and unable to pay bills and other factors I'm looking at taking my little boy who is 17months to live with me as I'm better off for him and can provide better care and love for him.
How do I go about it?
LawAndParents Editor 03/09/2014 at 2:17 pm
@LewiR. If you feel it's appropriate then of course seeking a residence order may be in the best interests of your daughter. Be careful to not make unsubstantiated claims though. Stick with absolute facts and only consider what you feel would be in your daughter's best interests. YOu could initially try and become more involved under your current access arrangements too - such as helping out with school work, having her friends around when she is with you, offering her healthy meals etc.
Cc 31/08/2014 at 2:17 am
My wife and I have split up and she is willing to hand full custody over to me for my child how do I do this and what is involved?
del 27/08/2014 at 1:00 pm
Over the last year of splitting from my ex partner
after a nine year relationship. We have had are ups and downs and arguing over whats best for are girls aged 4 and 7. Now the social services are involved through my ex smacking the youngest that hard it left a hand print on her face. I have tried my hardest now I have the girls for this time to try and get full custody to stop the girls going back into that situation again. I have had to do more hours 8n work cause my ex has been claiming their benefits even tho I have had they girls for the past 8 weeks since this has happened. I just looking for advice on my situation or help at this time.
Dan 23/08/2014 at 8:30 am
My partner has just kicked me out.and my concern is my 12 week old daughter as the mother is disabled and on very strong pain killers (tramadol).as I was her full time career she now had no one around . I just don't want anything to happen where she wouldn't wake up I time for my daughter . just don't know what to do as i think she has post natal depression which isn't going to help.
Don't have one 10/08/2014 at 10:38 pm
Hi there I want full custody of my kids and I would like to know how to go about getting full custody thanks
ced 03/02/2014 at 2:35 pm
Hi. I am worried about my 11 year old daughter who lives with her mom. My ex has several health issues that i have just found out my daughter is being her carer, and is carrying out most of the household duties and some personal care tasks for her mother.
my ex always seems to be ill, and this pattern seems to now be occurring with in my daughter, at First she was having stomach pains, which seemed to disappear when the school wrote to my ex to say she cant have any more time off. Now she has ankle pain that appears to be worse off while she is with her mom. This my daughter say's is bad the docs have given her three types of pain killers, but when she is with me it doesn't seem that bad.
would i have a case to go for custody, i am aware of the implications the process will have on my daughter. But feel that if she is to get anywhere in life maybe she would be better with me
kboy 25/10/2013 at 2:52 pm
hi there i have a 2 year old son who was living with his mother. His Maternal Grand Mother informed me that she was in a violent relationship. I reported this to the social services who have looked into this and a couple of days ago advised that my son is to remain with me for the next few weeks due to this and also she has admitted to having a drink issue. I feel its best for my son to reside with me as I work full time and can provide him a happy and safe environment for him to grow up. Do I have a solid enough case to go for full custody? If so how do I get the ball rolling?
bruce 26/08/2013 at 12:10 am
ive been married for almost twenty years, and have two daughters 13 and 8. My wife recently behaved abnormal and constantly shouting at all of us. But recently I realised that she is having an affair behind my back and always hiding in her room using her phone to face time him. Ive accidentally read her message to him and is obvious that there is something going between them. I worked in the evenings and she does not work at present, but ive been told by my daughters that she always hide in the room or gone somewhere and left them at home.

My question is that I love my daughters and i wanted to take full custody over them. What is the possibility of this happening? My wife has no family over her and has no one to assist her, while i have my mother which i can call at anytime and she is more than willing to take care of my children. if i apply for a divorce and what will be the outcome of the verdict? could anyone help and let me know asap, thanks.
andi 21/08/2013 at 2:34 am
Hello, I was wondering if my husband and I can obtain custody of my niece. She is with us most of the time and we take care of 90% of the stuff for her. My sister is very selfish and really only cares about herself and what drama is going on with her old drug and gang buddies. She has no real desire to care for the child. What would our chances be to get her.
Anymil 08/08/2013 at 1:51 pm
I am desperately in need of help with my eldest Daughter who will be 13 years old next month. She hasn't seen her father for more than a year and i think that is the reason of her irrational behavior. She has done pretty bad on her first year at secondary school, doesn't help in the house at all, is always annoying or hurting her younger sister who is only 6 and what worries me the most is that she doesn't care about her personal cleanliness (she doesn't brush her teeth, barely takes showers and her cloths are always on the floor) All she wants is to hang around with her friends and has not respect for me. Recently I was nearly run out by a van on my way back from our weekly shopping and all she did was a shrug of her shoulders but cried the next day when she found out of the suicide committed by a Glee actor which deeply hurt me as her mother. I don't know what else to do, her father has changed his number and there is no way to contact him. My daughter blames me and hates me as she always said whenever she is been denied to go out with her friends or when anything on her side goes wrong. My weekly budge for food and necessities is very tied but she is always bringing friends at home leaving us with little food afterwards .... once again she doesn't care about it every time we talk about it as she repeats the process of bringing friends home. The idea of giving my daughter away or to ask her father to take her for her upbringing is breaking my heart but I can't see any other solution; is there any kind soul that can HELP ME PLEASE
Anymil
Reny 22/07/2013 at 1:27 am
Hi my daughter is 6 years old she born in canada but we live in the uk her father and I are married but we separated 5 years ago witch he hasnt seen her in person only couple times over web he called her 3 times in 5 years want to know would I get full custody over her she lives with me she gose to school now she has a step sister she is a really happy child she has a step father that she loves. She never asks about her real father she dont know him well. He always promises he'll come and visit but hasnt yet. I do want to best for me daughter she is a joy please can someone help me as im not sure what to do also he hasnt payed any child support in 5 years so not sure where to go for that and im now trying to divorce him.

Thank you lots
Reny
Jacko 13/05/2013 at 1:19 pm
i was born in England, i met a Greek lady she moved over to England we got married in England
and had our first child in England,
we moved over to Greece set up home there ran her Fathers resturant, our second
child came along who was born in Greece. I now have to stay home do the scool run take care of the
Children ( house husband) while my wife works at the resturant
My wife as now asked for a Divorce i don't wont to stay in
Greece once Divorce proceedings start all my family are in England i don't no anyone in Greece,
How would Child Custody work for me?..Please help am at my wits end.. Thanks Jackson
linds 21/04/2013 at 2:49 pm
i split up with my babys dad when he was 6 months old. he was smoking weed in my house when i wasn't home, tried to say he didn't but when you don't do it you can smell it instantly. he had a headache one day and our son was crying from teething, and because he wouldnt calm down the dad kicked his bouncy chair that hard jaiden ( my son ) near enough fell out. after arguing for many months i decided to move to Blackpool to start a better life for my child, couple week after being thee i had a visit from the police, they had been informed that i had beaten my child up black and blue and had burns and cuts all over his body, i allowed them to check there self on jaiden. they checked and jaiden was a healthy happy unharmed little boy who loved his mummy. (Michael ) jaidens dad said he did it because he was angry. but not as angry as me ? leading people to believe i harmed my baby.
Michael then met a girl on Facebook who lived in Blackpool . so came up regularly to see her . he seen jaiden for a couple times he came up but that started t change . Michael had told me that his girlfriends was violent and aggressive and she told me herself that she had given Michael a black eye. so i refused him to bring her around my child if she was as violent as this she also threatened to kick my unborn baby out of me . He then started to not bother with our son and hasn't seen him since 31.12.11.

yesterday i received a solicitor letter in the post telling me to go to court that Michael had made an app for a contact order. now to me this is ridiculous my child doesn't know Michael as his dad. he's walked past his own son in the street and not stopped to say hello or to see how he is! my child's a human not a toy not something you can throw away and come and pick it up when you feel like it . i'm thinking to g full custody of my child, jaiden already has the stability in his life and people around him that care. what do people think i should do that would be best ???
Angel heart 06/01/2013 at 10:12 pm
I have been living out of the uk for two yrs now to get away from an ex partner I planned my leave for just over a yr and told no- one before I left I had a 4yr old then which seen my ex hit me and has never forgot it and still to this day brings it up random ,I let them talk as it's better out than in ,so now I here he is looking for our child who wants nothing to do with him,I have had no contact and I fear my life hence why I am in hiding ,I have alerted the police where I'm living but they tell me they can do nothing if he turns up just put him on his way but as far as our child I need to apply for sole custody how do I do this , I believe everyone should know where there from but in a violent and hostil surroundings not good also I know he will try and buy our child feelings with gifts but not what he needs.,
Basically I do not want this person in our child's life he is not a good role model
I fear my own life
sim1 27/10/2012 at 1:21 am
Hi was wondering if someone could help i have 2 kids aged 4 and 2 my ex cheated on me last year and 6 months ago she moved to england on the agreement that i would get to speak to the kids everyday and have them on the holidays it started of well but a couple of months ago i asked her if i could have them up in scotland for the week and she said she wasnt letting me take the kids to scotland and if i wanted to see them i would have to move down and now i barely get to speak to them lucky if its once a week and thats only for a couple of mins the ex is stayimg at her grans and she shares a room with the kids im scared of asking the courts for custody incase i lose and she stops me from seeing them altogether what are my options as shes being really unreasonable
phil 22/10/2012 at 1:49 am
i need help with my half sister. she is 14 yrs old and lives with my mum. she is unhappy where she lives and has several problems with her lifestyle and a weak/untenable relationship with mother and her father has abandoned her years ago. i want my sister to live with me so i can give her the life she deserves. i don't really want social services involved as they may take her into care, which is not what i want. do i have to claim full custody in order for my sister to live with me? my feeling is that mother will refuse to let my sister live with me through mutual agreement and i may have to force her hand.
Munch 05/10/2012 at 3:03 pm
Hi, me n my child's dad have spilt and he has violent background and drug use, I will let him see my child but it has to be at my house with supervision and because of that he wants to take me to court can anyone help me in knowing if he will get access to her at his house even though I refuse to let that happen at her age? Please help someone?
Be 01/09/2012 at 12:05 am
Hi, I have a seven year old child with my partner who has come in to money, he's said he wants to leave me and take custody of our child. We are not married. It have lived together in our brought home for nearly eleven years! I'd be heart broken if he took her. She's my world and I love her dearly, I also wouldn't want her in a war between her parents! Please help as I fear he could have a chance as he's got the finantal back up.
jh 11/08/2012 at 1:32 pm
need some advice guys.my partner and i are due our 1st baby in march2013.our relationship isnt the best at times.recently found outmy partner gave up 2 kids for adoption a few years ago.i really just stayin with her for the sake of the baby although i cant see it lasting.just need some advice on how i can stop her leaving with the baby.i basicly want to be the main guardian so ifwe split then the kid stays with me as shes already proved she cant handle it by givin up her other two for adoptiln.shes constantly threatening me sayin shes gona move away.need help
wave runner 07/08/2012 at 9:38 pm
Hi.I am currently in a relationship with the mother of my 2 daughters. I want to leave due to her mental instability and her drug and alcohol use. My daughters are 3 and 4 and my partner has an 8 year old boy aswell. I want custody of my girls as I feel there mother is very selfish and unable to cope with 3 children. I stay with her to try and make it work but its just not working. She is fiddling the dole so house is in her name and there is the constant threat that I l b thrown out.I pay for everything and it is a struggle while she l spent her money on ale n cocaine.would I have a good chance of winning? Would grassing her to the social look bad on me?
calm 22/07/2012 at 12:34 am
Im still married but split with my wife and goin to divorce her on the grounds of adultery during the marriage my wife has tried on several occassions tried to committe suicide and stard it is my thought she has been abusive when she is drunk we have 3 teenagers children she has accused me of neglect being a bad father and never supported them but when i dropped my daughter off tonight she was outside drinking and my 15 year old was left in the house on his own what are the chances of getting joint custody of the two younger teenagers has im worried that she is neglecting them with her drinking and worried she might attempt suicide againg has she has once done it infront of them would the court panel look at this and take my concerns into account
ger 11/07/2012 at 2:04 pm
I have had a letter off cafcass this am,my ex is taking me to court for rights to my child,he hasnt bothered nothing in two years off him.i was wondering how old a child would be before her feelings are taking in to account. she wants nothing to do with him,thanks for your time
Justice 20/06/2012 at 2:52 pm
My sister has recently passed away and left myself and mum to look after her 14year old daughter. The father and grandmother last year tried to get visitation with my niece (at this time her mother was alive) but when it went to family court my now 14 year old niece said she did not want to visit her father or grandmother (his mother) and they were not granted any visitaion or custody rights. But now my sister has passed away, i an a bit lost in what to do becuase my niece still does not want to live with her father or see him, but myself and mother have no legal rights over her. What should I do, to ensure he cannot take her away and also ensure that myself or mother have legal custody over her our niece/grandaughter.
dolphin 30/05/2012 at 5:46 pm
hi, ive been divorced for 4 years and have 3 children who were all living with me. over time my ex has brainwashed my 2 eldest and we went to court over custody and because they were over age 12 an he spoilt them, they said they wanted to live with him, i was heartbroken. i have another child and she has now turned 12 and is now staying with my ex she said shes only staying with me 2 nights a week and she wants to live with him. He has told me if i dont hand over the child benefit to him he will take me to court for full custody. can he do this and is it worth me going to court with my child being 12, she can just say she wants to live with him and the court will grant it as they did with my 2 other children. i am heart broken that he has now got all my children and just dont no what to do, please help. many thanks
steve 21/05/2012 at 10:48 pm
hi,i need some info on how to apply for custody of my son(age 11) from my ex wife. We have been divorced for 7 years and though i see him regularly (every day at the moment) i have concerns about her drinking and how she treats him,this is making him upset and not wanting to be there with her.He has said he wants to live with me and i would love to have him with me too, what can i do to make this happen? what is required of me foe this too happen? hope you can help..steve
tirednconfussed 16/04/2012 at 10:41 pm
Im tired and fed up of my little girl being used as a pawn to hurt me beacuse my ex can..
i have just been emailed telling me she has found a way of removing me from the birth certificate? i have searched the net and found nothing ,apart from taking me to court and having a court dna test done,pointless if you ask me shes all me,now the reason for all of this,
1.i am in another relationship with a completly different person to my ex
2.she was told i was doing drugs still yes i did in the past 2 yrs ago but this is the present now im quite an anti person to drugs now i see the damage it causes.

she has been in court last yr for criminal damage and still smokes cannibis like it goes out of fashion

where do i stand in all of this i own my home have my own business i could go for full cutody for my daughter but i dont want her dragged through the courts, she also has a sister who is not mine what damage it cause to her if i did have custody im so lost and confussed and fill so sorry for my daughter to be in this situation, what should i do first please help as this not doing me any good worrying

kind Regards for your help
DannySnosrap 22/03/2012 at 3:20 am
Hi,
My 18 year old brother has recently been charged with a crime and is looking at time. Social services have taken his 2 month old baby off of her mother and is currently being looked after elsewhere as she has been deemed unfit. I am 21. Have a well paying job, my own place and have no criminal record and have always been a straight A student through the years. I dont want my neice going out of the family to foster care when i know i could provide a better life for her with me. Is there anyway i can apply for custody and if so how do i go about doing so? Thanks
ade 25/11/2011 at 4:59 pm
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.
rabbit 21/09/2011 at 10:21 am
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!
Fols 17/07/2011 at 12:47 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 if I 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.
Ad 10/07/2011 at 5:31 pm
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
Mike 30/06/2011 at 10:25 am
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
jan 10/06/2011 at 10:21 pm
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?
seyi 05/06/2011 at 9:26 pm
can my girl friend change her surname to mine,,we had one son together..is it allowed
Charlotte 31/05/2011 at 10:21 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?
Aister 28/04/2011 at 4:30 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
Josy or Quina 23/04/2011 at 10:52 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.

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