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Child Custody Rights

By: Anna Martin - Updated: 19 Feb 2017 | comments*Discuss
 
Child Custody Residency Disputes Courts

In the UK child custody law determines who should be responsible for the care and charge of a child, after divorce or separation. The term custody is now more commonly referred to as residency - indicating where the children's main residence is, following a parental break up.

In the many cases, parents preference is for joint custody (or residency), which enables the child to spend an equal amount of time with each parent. This option also allows both parents to participate in any decision making which may affect the child. However, if parents are unable to decide amicably on what living arrangement is best for their child, the courts will decide on their behalf.

Parent Vs Parent

Most bitter disputes between married couples end up in the family courts. Whilst the separation and ensuing bitterness will undoubtedly affect the children it's important to remember that:
  • Most child residency court cases end amicably with either agreed residency or joint residency as the outcome
  • Access and maintenance payments from the non resident parent are also taken into consideration
  • In disputed cases each parent is individually assessed before a decision on which parent is given custody of the child, or children, is made

The best interests of the child is the general standard at the heart of all residency cases.

Joint Residency

Joint residency is considered to be the preferred solution as being in the best interests of most children.

BUT...there are no laws or 'rights' that state that a child should live specifically with either the mother or father.

Assuming you both have parental responsibility it is up to you to negotiate residency on the basis of what is best for the children. Many couples neglect to consider this fact and err on the side of what they themselves would prefer (or what suits them).

If you cannot come to an agreement, you should try mediation first. If that is unsuccessful, the courts will become involved and will issue a court order based on what it sees as appropriate.

Joint Residency Reflect Modern Society

The choice of joint residency, reflects the changes in society and takes into consideration work that mothers do outside of the home and a more hands-on approach of child care by fathers. By allowing both parents to have an equal share in the physical care of their child, or children, all legal rights connected to responsibilities and obligations to children are divided.

Custody Disputes

Most custody disputes involve the child’s mother and father. However, in some cases a third party – a grandparent, for instance – may seek custody at the time of a parent’s death or incapacity. If a couple has never married - making provisions for the care of their child may also develop into a dispute. Generally though a court will accept that a parent is in the best position to maintain the welfare of their child.

Unusual Circumstances

In some rare circumstances one parent may be permanently excluded from having any access to their child. However, the court has the right to change the decision at any point in time, should the parent’s circumstances change. The parent is able to re-apply for access at any time, and once an application is made the court may reconsider arrangements after examining evidence.

The Court Decides

The courts will generally accept custody arrangements that parents submit as part of their separation agreement. To ensure these arrangements serve the child’s interests the courts will review the plan. The role that grandparents, step-parents and other influential adults play in the child’s life may also be taken into consideration by the courts.

Changing Or Regaining Custody

Changing a child’s residency arrangements is possible. In order to support the change, substantial evidence of the stability the child will need to be submitted. There are many other factors to consider, which may include relocation of a parent, stability of employment, integration of the child into the new environment etc.

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sicknote - Your Question:
I have recently divorced from my wife. We have 3 children and up until recently she has had all of them with me having regular access, however she has now 'thrown-out' our middle child (aged 12) saying that she no longer wants anything to do with him. Our first child is now 14 so we respect her decisions but what would be my chances of applying for custody/residency for our youngest daughter (6 years old). thanks

Our Response:
I assume you have take in your middle child. Much depends upon why you want residency of your youngest child. A court will always decide upon what it thinks is in the best interests of your child and if your youngest child is in a loving, stable home it is less likely a court would rule to move her, unless there was a very good reason. Therefore, in order to find out I suggest you seek legal advice.
ChildSupportLaws - 22-Feb-17 @ 2:51 PM
G - Your Question:
Hi is it strange that the rights of the child are barely considered. The stability of the parents are monitored but the voice of a child is only given or even heard when in severe circumstances. I recently moved here with my father, my mother lives on a different continent. For me to attend school here, I had to hire a lawyer (which my mother had to okay), the only way that I could have a say was to fight for months. This was in the best interest for myself. There were no financial limitations and no matter my age living with my parents who have been divorced for over three years, I had an irrelevant voice. I am sixteen and in this case I was treated like I was six years old. A mother of a different mental state, blinded by the sound that her child was leaving. I am just saying using the phrase in the best interests for the child is a joke. I have no say, and you (adults,parents,whomever) have stripped children of their voices.

Our Response:
Until you are 18, your parents are considered responsibile for you. Until then both your parent or courts will consider what they/it thinks is in your best interests. While your own opinion will be 'considered' in a court of law - your parents or a court are under obligation to decide on your behalf until you reach the age of 18.
ChildSupportLaws - 20-Feb-17 @ 11:22 AM
Went to court with ex ended October 2016 court order was made for him see kids if submitted a go letter first but hasn't done it says he can't get it and is know saying applying back to family courts because he cant get the letter how long can go to fore apply back and will it be excepted as its nothing to do with me breaking order
Joan - 19-Feb-17 @ 5:27 PM
hi is it strange that the rights of the child are barely considered. The stability of the parents are monitored but the voice of a child is only given or even heard when in severe circumstances. I recently moved here with my father, my mother lives on a different continent. For me to attend school here, I had to hire a lawyer (which my mother had to okay), the only way that I could have a say was to fight for months. This was in the best interest for myself. There were no financial limitations and no matter my age living with my parents who have been divorced for over three years, I had an irrelevant voice. I am sixteen and in this case I was treated like I was six years old. A mother of a different mental state, blinded by the sound that her child was leaving. I am just saying using the phrase in the best interests for the child is a joke. I have no say, and you (adults,parents,whomever) have stripped children of their voices.
G - 19-Feb-17 @ 12:44 PM
I have recently divorced from my wife. We have 3 children and up until recently she has had all of them with me having regular access, however she has now 'thrown-out' our middle child (aged 12)saying that she no longer wants anything to do with him. Our first child is now 14 so we respect her decisions but what would be my chances of applying for custody/residency for our youngest daughter (6 years old). thanks
sicknote - 18-Feb-17 @ 8:55 PM
MRD - Your Question:
My ex partner has just applied for a child arrangement order in court. We were never married or ever lived together, he had always come to see our 2.5year old daughter and myself whenever he wanted. The reason we never liver together is because he was a drug dealer so I did not want my daughter to be in that kind of enviroment and in the mean time I was giving him chances to change and stop what he was doing. 3 years on and he hasnt stopped his mother and brother also know and support his drug dealing. After we broke up I didnt stop contact even though he was also abusive I let him carry on coming to see her. Now he wants to have her alone but I know once comfortable he will be dealing drugs with our daughter in the car or leave her at his mums house where he doesnt live and make sales. what is the likely hood of him getting any sort of custody?

Our Response:
If you refuse your ex unsupervised access, then the matter will go to court. Cafcass will also write a report. The Cafcass staff who compile the reports are known as children and family reporters. It’s their job to interview both parents in the case, as well as the children, and any others who might be needed, which could mean social workers, medical professionals, or even relatives. The reporters are social workers themselves and from the interviews they conduct, the reporter will determine two things: whether there should be contact allowed, and, if so, how much. If you are concerned that your daughter's father is not capable then you will be asked the reasons why. Much will depends upon whether your ex has had previous drug convictions or is a drug user (he may be required to take drugs tests). It’s a measure of how important the Cafcass recommendation is that the court will almost invariably adhere to it. I hope this helps.
ChildSupportLaws - 16-Feb-17 @ 2:05 PM
My ex partner has just applied for a child arrangement order in court. We were never married or ever lived together, he had always come to see our 2.5year old daughter and myself whenever he wanted. The reason we never liver together is because he was a drug dealer so i did not want my daughter to be in that kind of enviroment and in the mean time i was giving him chances to change and stop what he was doing. 3 years on and he hasnt stopped his mother and brother also know and support his drug dealing. After we broke up i didnt stop contact even though he was also abusive i let him carry on coming to see her. Now he wants to have her alone but i know once comfortable he will be dealing drugs with our daughter in the car or leave her at his mums house where he doesnt live and make sales... what is the likely hood of him getting any sort of custody?
MRD - 13-Feb-17 @ 10:12 PM
@Aj you can but it will cost. International solicitors charge a fortune and it is not easy to pursue. I wish you luck in trying to attain this. It is heartbreaking that we now have globalisation that helps brings us closer, but it can cause havoc when we marry someone who is from a different country. So many parents are suffering worldwide because they can't see their kids :(
MiaP** - 13-Feb-17 @ 1:57 PM
I have a 9 month old baby with my ex partner. He was not planned - he is the result of a condom and morning after pill failure - but he is very wanted on my part at least. My ex and I were not in a relationship at the time he was conceived - I think we had been on 4 or 5 dates and it was literally the first time we had sex together. We decided to stay together and try to make it work as best we could - as we didn't really know each other at all - however I quickly became aware of some alarming things and had to have some serious talks throughout my pregnancy. My ex lived (and has since moved back) with his mum where he grew cannabis, used cannabis heavily to the point he cannot remember the entire part of our relationship or the first few months of our baby sons life, he regularly took other drugs (Although not being part of that scene I don't know what these were), his mum is an abusive alcoholic who constantly has morphine patches attached to her and would bully me and try to pressurise me into taking drugs throughout my pregnancy because she told me my ex would leave me if I didn't and offered me no financial support at all before our baby was born or afterward. His sister, her boyfriend and their child also live with them - who are also heavy cannabis users and the whole family openly and regularly smoke cannabis around the little girl who is 2 years old. They are all heavy cigarette smokers and you can smell the smoke when you approach their building it is so strong. Although his mother and sister have never expressed an interest in seeing our son my ex regularly out pressure on me to take him to their house (which I thought to be entirely unsafe for any child, let alone a newborn baby) and used to bully me verbally in front of our child. He promised to stop his drug habit once our child was born, but as soon as his paternity leave was over he would come home stoned every night and obvioisly leave me to do everything with our baby. Fast forward 7 months and he lived rent free at my mother's,never paid for his own food or clothes or anything - let alone for his child, and was increasingly verbally abusive in front of our child and my mother. I threw him out as I found out he had been using drugs and hiding them from me - in his car he had changes of clothes, multiple copies of clothes and eyes drops and body sprays etc. He brought drugs into our house in a kinder egg toy container and the last straw was when this fell out of his trackie bottom pocket and our son grabbed at it and went to put it in his mouth while I was changing him that morning. I had no choice but to ask him to leave. He has told me over and over - in person and via texts that there is nothing wrong with being stoned around a baby and thar he has no plans to stop. We made an agreement where he could have supervised access by me or my mother on a saturday between 9am and 3pm (he always refused to have anything to do with our son because it
T - 12-Feb-17 @ 4:50 PM
Hi I am an Indian married to a French and have a daughter who is 7 years old. We are living separetly since Aug 2016, she is not allowing me to access my daughter and I feel that she instigates my daughter and my daughter is not so friendly with me. I would like to go court for more access and not interested in divorce. Since mine is an international divorce can I apply for access in England. Also she takes kid to Paris with out letting me know in advance,let this action qualify as a criminal offence. Please help with comments
Aji - 12-Feb-17 @ 12:44 PM
I have recently been granted access from the courts for my daughter after my ex stopped me from seeing her 3 months. Things were fine before she got a new partner (said partner had a long history of violence and was charged for attempted murder and spent time in prison, later dropped to a lesser charge) social services had to access whether he should have contact with my child, this was eventually granted. Since this happening I have been threatened with violence, my partner and family have also been threatened with this. My ex dictates everything. She tries to go back on the order at every pick up and drop off, telling my daughter she is allowed to come with me. Police and social services have both been informed of the most recent even where my ex's partner threatened to bite my nose of infront of my daughter, he also searched my car to check my partner was not present. I'm now going to take my ex back to court but wonder what chances I stand if joint custody? She does l not care what order has been put in place by the courts at the time being
Liam - 10-Feb-17 @ 4:29 PM
I have recently been granted access from the courts for my daughter after my ex stopped me from seeing her 3 months. Things were fine before she got a new partner (said partner had a long history of violence and was charged for attempted murder and spent time in prison, later dropped to a lesser charge) social services had to access whether he should have contact with my child, this was eventually granted. Since this happening I have been threatened with violence, my partner and family have also been threatened with this. My ex dictates everything. She tries to go back on the order at every pick up and drop off, telling my daughter she is allowed to come with me. Police and social services have both been informed of the most recent even where my ex's partner threatened to bite my nose of infront of my daughter, he also searched my car to check my partner was not present. I'm now going to take my ex back to court but wonder what chances I stand if joint custody? She does l not care what order has been put in place by the courts at the time being
Liam - 10-Feb-17 @ 4:15 PM
@Muttley - No, you can't ask the court to consider your wife's actions via association.
Charlie - 10-Feb-17 @ 2:36 PM
Hi id like 2 pick your brain im currently fighting a bitter divorce.Im a 38 year old man whos been subjected 2 physical and psycological abuse. My wife comes accross whiter than white.I have found out 2 day that one of her closest friends have been charged with murder does/would this have any affect on my case thanks scott
Muttley - 9-Feb-17 @ 3:32 PM
Lee - Your Question:
Myself and my wife split up a couple years ago but stayed living together with our son. We were both on benefits but I have had a job for the last 12 months now and started getting my life on track. She was supposed to move out the rented house but couldn't find anywhere that would take housing benefit, so after putting up with her as long as I could I decided to move out as it wasn't a good environment for our son. He is now 5 years old.Before I agreed to move out I had a 50/50 agreement made that we both agreed on. We have stuck to this since October 2016 when I moved out, but I have become increasingly concerned about my sons wellbeing.As soon as I moved out she went doctors claiming she had depression so couldn't work and she got signed on the sick and given antidepressants. She has a bad temper and is always smacking our son if he is naughty. She doesn't cook him proper dinners and just makes him a sandwich or gets junk food, she had tins of food so long in the cupboard that it was recently thrown away because it was all out of date! She has never given him a bath and sometimes smells when I collect him from school. When she has him they just stay in her bed both playing on the iPads. I could go on.What I would like to know is if I went for full custody so that he would have a better life all round, would the courts be in favour of her just because she is the mum? Also would they be in favour of her because I have a job and support myself, where as she is on ESA and housing benefit but is at home all day every day?Thanks,

Our Response:
A court will always decide upon what it thinks is in the best interests of your child and stability and consistency are the most important issues. It seems you and your ex seem to be on amicable terms, so rather than drag this through the courts (which can be a stressful and hostile experience all round), why not speak to her directly about the situation and offer to care for your son more while your ex attempts to sort herself out. Sometimes a few kind words or a bit of support may help, especially if she is struggling with the day-to-day care of your child. If she refuses, then your next option would be to suggest mediation in order to try to resolve the issue outside court. A court will not let you apply until mediation has been considered/tried.
ChildSupportLaws - 9-Feb-17 @ 12:20 PM
Myself and my wife split up a couple years ago but stayed living together with our son. We were both on benefits but I have had a job for the last 12 months now and started getting my life on track. She was supposed to move out the rented house but couldn't find anywhere that would take housing benefit, so after putting up with her as long as I could I decided to move out as it wasn't a good environment for our son. He is now 5 years old. Before I agreed to move out I had a 50/50 agreement made that we both agreed on. We have stuck to this since October 2016 when I moved out, but I have become increasingly concerned about my sons wellbeing. As soon as I moved out she went doctors claiming she had depression so couldn't work and she got signed on the sick and given antidepressants. She has a bad temper and is always smacking our son if he is naughty. She doesn't cook him proper dinners and just makes him a sandwich or gets junk food, she had tins of food so long in the cupboard that it was recently thrown away because it was all out of date! She has never given him a bath and sometimes smells when I collect him from school. When she has him they just stay in her bed both playing on the iPads. I could go on. What I would like to know is if I went for full custody so that he would have a better life all round, would the courts be in favour of her just because she is the mum? Also would they be in favour of her because I have a job and support myself, where as she is on ESA and housing benefit but is at home all day every day? Thanks,
Lee - 8-Feb-17 @ 6:12 PM
TamFam - Your Question:
I recently separated from my partner of 6 years and left my daughter behind in fear of what he would do to me should I have tried taking her. He is abusive and foul mouthed. I have always been a good mother/wife and have always tried my upmost to keep the family home running but feel he abuses this position. I find he is a bully and intimidating if he does not get what he wants.I love my daughter very much and would love to have her home with me. I have tried to speak to him about custody but says he will not allow me to see her or speak to her. Therefore he is unwilling to discuss what is best for her. I have asked him upteen times to return my daughter but refuses. What steps should I take next? I have spoken to number of solicitors but they are unwilling to give advice until a payment is made which is harsh as I will be looking to leave work. What are my chances of the judge giving me full custody? Would the judge look in my favour? If there was a good chance how will my daughter be returned to me?I'm new to this so unsure of how the system works. Please help. Many thank

Our Response:
I am sorry to hear this. If your ex has parental responsibility of your child, then he is allowed to keep her by law. If he does not (i.e if he is not registered on the birth certificate), then you can involve the police and the police will return your child to you. On the pessimistic side, by leaving your daughter with your ex in the family home means it may be more difficult to get your daughter back. As your ex has now effectively become the primary carer, the court may be reluctant to make any further disruptions to your daughter's home life. The court will always decide upon what it thinks is in the best interests of your child and consistency and stability are of the upmost importance. However, if until now you have been the main carer of your child, this will help your case. Please see link here and herewhich may help you be able to get some free legal advice. The main thing is to make sure you try to take action straight away before the dust has had time to settle. As the process may take time, you can also apply for an interim contact order through the courts, which will enable you to see your child. If you cannot afford legal representation in court, then you can self litigate. If you are on a low income, you may also be able to get a reduction in court fees. I hope this helps.
ChildSupportLaws - 8-Feb-17 @ 10:54 AM
DS87 - Your Question:
My ex and I split when my son was 6months old (now 4) and I have never been allowed to have my son stay with me anywhere other than my mums house. My ex has 2kids with another man and its now causing problems with my rights and her partner keeps sticking his nose in on our agreements. I myself have a new partner and we both work full time and earn substantially more than my ex and her partner, what chances have I got at full custody as she is becoming very difficult to deal with!!!!

Our Response:
You would not be awarded full custody if you have little to do with your child and your child has never had an overnight stay with you. A court will always decide upon what it thinks is in the best interests of your child, and taking your child from the security of the primary carer and handing him over to the non-resident parent would not be considered (unless it was absolutely necessary). The main aim of the courts is to try to ensure your child has a consistent and emotionally secure upbringing. However, this does not mean you cannot apply for access of your child. In the first instance, you should suggest mediation. The courts will not let you apply until you have attempted to resolve the issue via mediation. However, if your ex refuses to attend or mediation fails, then you will have the opportunity to take the matter to court. Legal advice may be helpful to you in the first instance in order to fully explore your options.
ChildSupportLaws - 8-Feb-17 @ 10:14 AM
A - Your Question:
My ex boyfriend , is threatening to take full custody of my unborn daughter , I have two children with different dads , he has a bad temper and is verbally abusive he drinks slot and does drugs , and he lies all the time would there be a case of me winning full custody

Our Response:
Your ex cannot take full custody of your unborn child, once born. You have natural custody of your child. Your child's fathers rights depend upon whether you wish to register the father on the birth certificate. If you do not choose to register him, he will have no immediate rights. However, your ex will however have the right to make a court application for contact and/or parental responsibility. If you do register him, then he will have automatic parental responsibility, please see link here .
ChildSupportLaws - 7-Feb-17 @ 2:01 PM
I recently separated from my partner of 6 years and left my daughter behind in fear of what he would do to me should I have tried taking her. He is abusive and foul mouthed. I have always been a good mother/wife and have always tried my upmost to keep the family home running but feel he abuses this position. I find he is a bully and intimidating if he does not get what he wants. I love my daughter very much and would love to have her home with me. I have tried to speak to him about custody but says he will not allow me to see her or speak to her. Therefore he is unwilling to discuss what is best for her. I have asked him upteen times to return my daughter but refuses. What steps should I take next? I have spoken to number of solicitors but they are unwilling to give advice until a payment is made which is harsh as I will be looking to leave work. What are my chances of the judge giving me full custody? Would the judge look in my favour? If there was a good chance how will my daughter be returned to me? I'm new to this so unsure of how the system works. Please help. Many thank
TamFam - 7-Feb-17 @ 1:52 PM
My ex and I split when my son was 6months old (now 4) and I have never been allowed to have my son stay with me anywhere other than my mums house. My ex has 2kids with another man and its now causing problems with my rights and her partner keeps sticking his nose in on our agreements. I myself have a new partner and we both work full time and earn substantially more than my ex and her partner, what chances have I got at full custody as she is becoming very difficult to deal with!!!!
DS87 - 7-Feb-17 @ 8:22 AM
After several years of Court action I obtained access to my Twin Daughters, access taking into account both my Shift work patterns and that I only know my work days up to 28 days ahead. My ex wife has remained unpredictable and never fully compliant. The girls have now reached 11 years old, 12 in April and their Mother has decided, arbitrarally, that if either of the girls choose to 'not want to visit' she will not allow them to be sent. Question I find this wrong and would like to seek a Court instruction to stop this happening. But I have heard if I do take Court action (cannot afford legal assistance) that regardless of outcome I would be liable for her legal charges if she chose to object. If that is true, what Act and Section covers that specific point.
Birky - 5-Feb-17 @ 8:11 PM
Me and my sons dad separated Jan 2013 when my son was 2. We divorced last year. My son sees his dad one weekend day per week and most of the time then, my son doesn't want to go. My son also refuses to have a sleepover with his dad too. Also, I haven't not received any payments for my son from his dad since April 2016 and he has kept job hopping and managing to wriggle out of contributing anything towards my son. Whenever he's asked by myself or csa,there's always an excuse as to why he can't pay. My son is a very happy little boy(6years old) and loves living with me and he adores my partner who lives with us and our baby and even refers to him as his dad (although he's not his real dad). Would I have a case to gain sole custody of my son?
Ginger89 - 3-Feb-17 @ 9:39 AM
I’m currently 16 years old of age with a 4 year old sister who’s mum has recently split with my Dad to be with a man who is a bad alcoholic ( she had an affair with him whilst with my Dad) both hers and my Dads relationship has been a very complicated one, there has been abuse physically and verbally on both sides (mainly her as I’ve seen with my eyes) I have also witnessed her be violent to my step sister (currently 8 years old and in ways can tell she has been affected by this mentally) in the past my step sister has also told my Dads family her mum hits her, I’ve seen marks on her as well as my 4 year old sister. This woman has torn mine and my dad’s relationship apart (to which has easily been fixed since she has left) by manipulating him to thinking that I’m a bad person, my mums family are bad people and that I don't belong in the family when I’ve done nothing wrong to both of them apart from be there for them both as well as my sisters (to which I plan to continue for my dad and sisters). So now she lives with her mum along with my sisters (Dad gets them after school in the week 5-7 as well as overnight on some Fridays or Saturdays) since my sisters have been taken out of my Dads full time care I as well as my family have noticed that they have not been being taken care of as well as they were when they were with my dad. Their mum is now with this alcoholic whilst my Dad has a good job and a warm heart and knows how to look after kids. He is thinking of taking her to court and going for full custody but with my 8 year old sister it’s not possible is it? since he biologically is not her Dad but would they have to actually consider that or focus more to the fact that he is all she knows for a dad as he has been there since she was 2 years old and not only provided for her but spoiled her and she has been loved and adored by me as well as my family. Sarah (mum) has also manipulated my dad into thinking I don't deserve to see my sisters cause she did not like the fact I seen her for who she really was so then I missed out at least 4 months. back to custody, he wants full custody of the kids but obviously my 8 year old sister is not his (but he’s all she knows for a dad to the point where she calls him dad and they are extremely close) but the 4 year old is his and also is close to him and also is adored by us all whereas her mums family treat her as if she’s not a relation to them but they spoil the other sister. my youngest sister wants to be with my Dad but my dad has a caution for growing weed (that was 4 years ago now) so I just want to know what will be considered and what won’t be and where my sisters will end up because I know if they stay with their mum the only place they'll be ending up is a care home.
lms - 3-Feb-17 @ 9:33 AM
my daughter is now two and lives with me as her mum has put her at risk on more than one occasion, she drinks and takes drugs in front of my child, child protection have told me to look after my daughter, I've got her in a good routine, got her in nursery, she's so happy and settled but I'm scared that her mum can just take her back off me, do I need to take her to court or does she need to take me??
ste - 3-Feb-17 @ 6:56 AM
My ex boyfriend , is threatening to take full custody of my unborn daughter , I have two children with different dads , he has a bad temper and is verbally abusive he drinks slot and does drugs , and he lies all the time would there be a case of me winning full custody
A - 3-Feb-17 @ 4:51 AM
My partner and I have just recently separated my son who is 5 is not taking it well and I'm having a lot of issues with him I've discussed it with the school who agree and are trying to help unfortunately his dad insists he is fine. I have told him our son can't met the other woman yet as only two weeks inand needs time to get his head around us not being together and having to move before she is introduced as daddy's mrs he will not listen and is insistent on her meeting them in next week or two he is also says he is taking them to France in 10 months I'm saying no as too young and at moment in time are not ready (they may be ready by then but at moment there not) he will not listen to me about this and will do what he wants not what kids need where do I stand on this we have shared parental responsibility
Down hearted mummy - 3-Feb-17 @ 2:56 AM
Hi, I'm 16 and recently i fell pregnant today I am 5 weeks and there was meeting today with social services, which they were just threatening to take my baby away, what I wanted to know is if I put the father on the birth certificate, before social services could take my baby could he? He is 18.
Danni - 2-Feb-17 @ 4:03 PM
Fab - Your Question:
Hi. I am trying to get some information for a friend who doesn't speak English. She has one child and a few months ago her husband (child's father) was arrested for 20 years. As she wants to travel back to Timor, she would like to know what is the best way to gain full custody of the child since at the moment she would not be allowed to travel with him without the father's authorisation. Thank you for your help.

Our Response:
If the father does not authorise your friend's move abroad with her child, then she would have to apply to court for a Specific Issue Order. Specific Issue Orders, much like the name suggests, are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that parents cannot agree on, such as taking the child to live abroad on a permanent basis.
ChildSupportLaws - 1-Feb-17 @ 2:16 PM
Good morning, I have a shared residency order for my son, which stipulates care is to be equal at 3.5 days each per week. Last year, 2016, my ex applied for child maintenance. I have sent the court order to CMS and written correspondence disputing their decision which has been ignored. They have told me that even though we have shared care and an shared residency order, that I am still liable to pay child maintenance as her name is on the child benefit. I thought this is not the case in the new scheme. Please help.
A - 1-Feb-17 @ 3:19 AM
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