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Child Custody Rights

Author: Anna Martin - Updated: 31 August 2015 | commentsComment
 
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. Read on for more information about your rights as a parent.

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[Add a Comment]
my ex husband was granted contact through the court to be arranged between us for his to see our children we separated more than 2 years ago and divorced a year ago. he is forever letting the children down and choosing to work or whatever instead of spending time with them. our eldest is now 11 and says she doesn't want to see him and our youngest is unsure. when he does see them he will only have them for a few hours and i've worked out that this year so far he has seen them for just over 50 hours. i want to stop him hurting them and letting them down all the time where do i stand with this
sally - 29-Aug-15 @ 10:25 AM
my boyfriend has had custody of his 2 year old son since his mother abandoned him 9 months ago where does he stand legally now the mother has turned up saying she gonna take him to court for custody she is a drug addict and lives with a dealer and her flat was a disgrace and she never looked after him properly before she left him and the guy never wanted the little one around either.
shell - 28-Aug-15 @ 5:48 PM
Olga - Your Question:
Please help. I have an 7 months old boy. Me and his dad not getting on, plenty of reasons are he wanted abortion, first we agreed that we will save money when I was pregnant so that we get everything we need. I did my part and did but everything for my child when he is born. His dad didbt get him anything. Few weeks after baby was born hid dad started to pay £30 a week which was ok and I let his dad to come and visit everyweek. When baby got older I let dad pick up his son to his house, I found out that they neglect him as keeping my son most of the times in the car seat, as feeding him and lrt him sleepin it, wasen't happy about. The dad also live in his parents house, where his mum smokes a lot I mean a lot in the house. When her grandchildren are around she smokes outside. I read online that is nit healthy for a baby to be in this smoky environment, it may cause asthma or deafness. My worries are I know for a fact that that house is dirty and always unsafe objects on the floor as cigarette filers and liquids of electric cigarettes, I have seen them on the floor. IRecently I stopped dad seeing my son and I would preffer to go to court for them to deside. What dats dad can see him and to provide everything what baby needs and to keep him in a safe and clean environment. What should I do? Thanks in advance

Our Response:
. If you feel that your child in in an unsafe environment you can stop the father seeing your son until the situation is resolved through either mediation or the courts. You can discuss this with your ex through mediation, please see partner article: Mediation: What is it and is it For Me? Link here . It may help you get your point across via a third party. However, if your ex does not wish to attend mediation, or does not agree with your reasoning, then he could take it to court and the court will then make a decision based upon what it thinks is in the best interests of your child. I hope this helps.
ChildSupportLaws - 25-Aug-15 @ 11:31 AM
Please help. I have an 7 months old boy. Me and his dad not getting on, plenty of reasons are he wanted abortion, first we agreed that we will save money when I was pregnant so that we get everything we need. I did my part and did but everything for my child when he is born. His dad didbt get him anything. Few weeks after baby was born hid dad started to pay £30 a week which was ok and I let his dad to come and visit everyweek. When baby got older I let dad pick up his son to his house, I found out that they neglect him as keeping my son most of the times in the car seat, as feeding him and lrt him sleepin it, wasen't happy about. The dad also live in his parents house, where his mum smokes a lot I mean a lot in the house. When her grandchildren are around she smokes outside. I read online that is nit healthy for a baby to be in this smoky environment, it may cause asthma or deafness. My worries are I know for a fact that that house is dirty and always unsafe objects on the floor as cigarette filers and liquids of electric cigarettes, I have seen them on the floor.to be healthy and comfortable, so I know when my child is there I dont have worries. Recently I stopped dad seeing my son and I would preffer to go to court for them to deside. What dats dad can see him and to provide everything what baby needs and to keep him in a safe and clean environment. What should I do? Thanks in advance
Olga - 24-Aug-15 @ 4:05 PM
Michelle - Your Question:
Can some one please help me. My son and his girlfriend split up when the sun was five and their daughter was a year , she said it was over and asked him to go which he did, he left everything in the housing Association flat which there had lived in, new washing machine new cooker a new three-piece much to my annoyance at the time but as he said it was for his kids to have. He is always been a hands on father and because of his job and his shift at work has his children for days one week three days the next week, this has been going on for about 3 years the kids have there own bedrooms in his 4 bed house and he also pays his ex maintenance payments , he recently had a little girl with his new partner and informed the CSA of this stating how many days a year he has them as he thought he would get a reduction in his maintenance his ex has now said that he doesn't have the kids for the same amount of days that he does (please note this is not including the days I have them myself for holidays and half teams)So now instead of he is money going down with her calculations he has to pay an extra £80 as she has said he doesn't have them that much. CSA have said they have to take her word over his.So my question is if he get a joint custody order from the courts would that count as a marker of Proof for the days he has them.

Our Response:
I can't say whether this information would be requested or used as a mark of proof regarding how frequently he has the children. However, the courts are likely to go with the CSA account, given it is official, rather than his, unless he can prove it.
ChildSupportLaws - 24-Aug-15 @ 1:43 PM
Can some one please help me . My son and his girlfriendsplit up when the sun was five and their daughter was a year , she said it was over and asked him to go which he did, he left everything in the housingAssociation flat which there had lived in, new washing machine new cooker a new three-piece much to myannoyance at the time but as he said it was for his kids to have . He is always been a hands on father and because of his job and his shift at work has his children for days one week three days the next week, this has been going on for about 3 years the kids have there own bedrooms in his 4 bed house and he also pays his exmaintenance payments , he recently had a little girl with his new partner and informed the CSA of this stating how many days a year he has them as he thought he would get a reduction in his maintenance his ex has now said that he doesn't have the kids for the same amount of days that he does (please note this is notincluding the days I have them myself for holidays and half teams) So nowinstead ofhe is money going down with her calculations he has to pay an extra £80 as she has said he doesn't have them that much. CSA have said they have to take her word over his. So my question is if he get a joint custody order from the courts would that count as a marker of Proof for the dayshe has them .
Michelle - 21-Aug-15 @ 6:36 PM
@Arkhamangel - Your ex is in a difficult situation by not having a place of his own and being able to make the choices. No court will order his mother to have the children stay at her property, this will be at her own discretion, as it is her home.
Dave - 19-Aug-15 @ 12:11 PM
Hi, I'm hoping someone can help. I have been divorced for nearly a year, separateted for nearly 2, we have 3 children together. We have agreed everything between us - from residing custody, (with me), to visitation agreements and maintenance. My ex lives with his mother and on his visits, the children stay there with him. His mother is starting to get awkward about the children visiting - trying to dictate when they can visit and for how long. As a result, my ex husband has had no extra contact with them over the summer holidays, despite us arranging between us that he would. If we were to take this to court and the court order deemed that the children were to stay with him at his address for "x" amount of days/weeks, would his mother be able to contest this? Nobody o have asked seems to know. Thank you in advance.
Arkhamangel - 18-Aug-15 @ 3:53 PM
shaunb733 - Your Question:
Hey I am looking to get custody rights of my 9 months old daughter me and my ex broken up about 2 weeks about as she was sleeping around and getting drunk and ended up with the guy she was cheating on me with now his staying there and there going out and now she dont want me having nothing to do with our daughter ive asked to have her many times but shes always saying shes busy and ive asked her if I can have her at the weekend but now she isnt even talking anymore I wanted to know what I could do as we dont get on at all any more we dont agree on anything and I know she dont want nothing to do with me at all I was wondering if there was away of seeing and having my daughter at the weekend with out having to see my ex partner or what would the best thing I could do

Our Response:
You would have to apply through the courts for access. Your first step should be to send a registered letter to your ex-partner in which you ask her to reinstate contact between you and your child, and stating that if she does not do so, you’ll have to resort to legal action. Don't forget to take a copy of the letter for your records and keep your proof of sending. If this produces no action, you have no alternative but to go to court and ask for an Interim Contact Order. Regarding custody/residency, if a child is very young, the court generally assumes that the child will be better off with his or her mother unless the contrary can be proven. However – all cases in the family court are decided on their own merits and just because you are the father does not mean that you won’t get a residence order. I hope this helps.
ChildSupportLaws - 18-Aug-15 @ 11:07 AM
Bec - Your Question:
Me and my partner haven't really got on the last two years, we have recently separated as he was emotionally draining and manipulative. He has now threatend me with court, can I add my daughter is 8 months, he has never had her over night and in the day for a couple of hours. And In them times he has left her to watch TV while he does, also threatend to Go see family members and leave the door open if I don't come back and lock it. He is verbally absusive, he's left us for nights out and come in to wake my child at 3am couple of times. He also threatened if when court allows access over night then he will leave Isla with somebody over night and go out. He has also joked over leaving our city and not telling me. He works Monday-Friday 8.30-5.30. Could somebody tell me what sort of access he would get?

Our Response:
I'm afraid we can't anticipate what a court may decide as each case is determined by many contributing factors. The courts will suggest mediation in the first instance to see if the situation can be resolved between yourselves. Please see Mediation: What is it and is it For Me? link here . Should you not be able to resolve the matter, then it will go to court and Cafcass will get involved. Please see article: What Goes into the Cafcass Family Report? link here. Should you be concerned that your partner may take your child without your consent, then you can apply for a Prohibited Steps Order. A Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. I hope this helps.
ChildSupportLaws - 18-Aug-15 @ 10:19 AM
hey i am looking to get custody rights of my 9 months old daughter me and my ex broken up about 2 weeks about as she was sleeping around and getting drunk and ended up with the guy she was cheating on me with now his staying there and there going out and now she dont want me having nothing to do with our daughter ive asked to have her many times but shes always saying shes busy and ive asked her if i can have her at the weekend but now she isnt even talking anymore i wanted to know what i could do as we dont get on at all any more we dont agree on anything and i know she dont want nothing to do with me at all i was wondering if there was away of seeing and having my daughter at the weekend with out having to see my ex partner or what would the best thing i could do
shaunb733 - 17-Aug-15 @ 1:11 PM
Me and my partner haven't really got on the last two years, we have recently separated as he was emotionally draining and manipulative. He has now threatend me with court, can I add my daughter is 8 months, he has never had her over night and in the day for a couple of hours. And In them times he has left her to watch TV while he does, also threatend to Go see family members and leave the door open if I don't come back and lock it. He is verbally absusive, he's left us for nights out and come in to wake my child at 3am couple of times. He also threatened if when court allows access over night then he will leave Isla with somebody over night and go out. He has also joked over leaving our city and not telling me. He works Monday-Friday 8.30-5.30. Could somebody tell me what sort of access he would get?
Bec - 17-Aug-15 @ 10:29 AM
Hello, my niece has just been put on a child protection register and my sister is unable to look after her due to ill health and drug addiction. The father is unknown.My mother and I have been trying to work with her and support her but she isn't accepting our help and now social serviceshave said that the baby is to stay at my mother's because my sister cannot be alone with her baby. Can my mother or myself apply for residency and would the courts be likely to grant it in these circumstances? My sister would not sign custody over willingly. Thank you
Ed - 15-Aug-15 @ 10:34 AM
p90 - Your Question:
Hi there I need some help. me and my fiancé recently split up, he lives in america and I live in the uk. our son lives with me (he is 1 year old) if we go through the courts is there any rights he has to take my child from the uk to america, I do not want this to happen. he is threatening to go through the courts and expects them to give him some form of custody right so our son will be in america for some part of the year. surely this isn't possible.

Our Response:
I'm afraid we can't anticipate what the courts may decide, especially in an international case. While, the court 'could' decide that your son spends part of his school holidays with his father in the US, it is unlikely they would rule for joint residency as it would be disruptive to your son's school work, and this, when viewed through the courts, would not be in the best interests of your son.
ChildSupportLaws - 13-Aug-15 @ 1:48 PM
I have an 18 month old son of which wen i was 6 weeks pregnant left me i didnt no were he was staying just a number of which he never answered . I asked him on many occassions to come back wen he did answer the phone but he never did wen i was 2 months pregnant i met someone who i am now engaged to and he became my sons daddy, hes never even met the biological father. Now he is saying he is going to take me to court i just wondered if anyone could advise me on wat to do as i dont want him to have any access to see him at all hes nearly 2 and has never even seen him other than a couple of pictures do you think the courts will side with me.
holz - 12-Aug-15 @ 9:40 PM
Me and My Wife are married for 8 years and have 3 kids and since last year we had problems and she called the police on me last year for domestic violence but I was cleared without charge because it was just accusation but since then we had problems and I moved out to Germany 3 months ago but now recently I found out that she has been well mentally and physically to look after kids and I called the police couple of times and told them I concerned about my Kids well being with my wife as she is taking medication for depression and has history of self harming and suicide which she tried about 8 years ago. Now I want to take the custody of kids because recently she had rung the medical services and told them that she is depressed and feeling like killing herself and all that but still my kids are with her because Police said she has right to keep them as she look fit to them and to doctors. But my wife accused me of making wrong complaints so I can take kids from her so still Social workers are have not contacted me. My eldest is 6 years and youngest one is 2 years. I would like to get some help if I could legally claim the custody or if I make claim council will take responsibility of kids instead of giving their custody to me. She still is on some depression medications and claiming to be healthy. How Could this case proceed and what outcome can I expect. Shall I go through the Legal aid or wait for social workers to investigate the case and then respond. Regards,
Tiger47 - 11-Aug-15 @ 10:37 PM
Moo - Your Question:
Hi My partner and his ex wife were divorced many years ago. His ex wife got custody of the daughter (Now 16). However she is now saying she is too ill/tired/desperate to have the daughter living with her and wants to put her on a train to live with us.While we would both be happy to support that, we do not currently have space in the house and will not be able to arrange to move until the new year (As my partner is on probation in a new job). Can she just throw her daughter out (As she is threatening) and expect us to accommodate her (More than likely on a sofa). I am more than happy for her to live with us when we have the space, but also don't them want her mother turning up - how do we do this properly to protect her and us under the law?

Our Response:
In England, Wales and Northern Ireland the duties towards a child which come with parental responsibility continue until the child is 18. In the case of children between the age of 16 and 18, parental responsibility ends if the child marries. Technically, a person with parental responsibility for a child, who fails to look after that child, could be prosecuted for child neglect. Therefore, if either/both parents have parental responsibility , it would be inadvisable to render her homeless if his ex does not wish to accommodate her further and you have no room. I suggest therefore, you seek some legal advice on this matter.
ChildSupportLaws - 11-Aug-15 @ 2:20 PM
hi there i need some help. me and my fiancé recently split up, he lives in america and i live in the uk. our son lives with me (he is 1 year old) if we go through the courts is there any rights he has to take my child from the uk to america, i do not want this to happen. he is threatening to go through the courts and expects them to give him some form of custody right so our son will be in america for some part of the year. surely this isn't possible.
p90 - 11-Aug-15 @ 2:10 PM
Nanna_P - Your Question:
My 5 YO grandson lives with my daughter, her partner and his twin brothers. His dad lives about 4 hours away. He walked out on my daughter when my grandson was 4 months old and sees him roughly every few months. He pays £60 a month child support. At the moment my grandson is visiting his dad and due back today but her ex is saying the boy is happier with him and wants to live with him - my grandson hasn't actually told his mum this. The ex is threatening to not bring him home today & keep him there permanently. My daughter is at her wits end. Can anyone advise best course of action please? Many thanks.

Our Response:
I am very sorry to hear this. If the father has parental responsibility then the police cannot interfere and bring her son home. If the father carries his threats through, then your daughter would have to seek legal advice and apply for an emergency court order to have her son returned through the courts. I suggest if he does not return the child, she seeks legal advice immediately. I hope by now he has been returned and her ex was carrying out idle threats.
ChildSupportLaws - 11-Aug-15 @ 12:54 PM
Hi My partner and his ex wife were divorced many years ago.His ex wife got custody of the daughter (Now 16).However she is now saying she is too ill/tired/desperate to have the daughter living with her and wants to put her on a train to live with us. While we would both be happy to support that, we do not currently have space in the house and will not be able to arrange to move until the new year (As my partner is on probation in a new job).Can she just throw her daughter out (As she is threatening) and expect us to accommodate her (More than likely on a sofa).I am more than happy for her to live with us when we have the space, but also don't them want her mother turning up - how do we do this properly to protect her and us under the law?
Moo - 9-Aug-15 @ 12:07 PM
My 5 YO grandson lives with my daughter, her partner and his twin brothers. His dad lives about 4 hours away. He walked out on my daughter when my grandson was 4 months old and sees him roughly every few months. He pays £60 a month child support. At the moment my grandson is visiting his dad and due back today but her ex is saying the boy is happier with him and wants to live with him - my grandson hasn't actually told his mum this. The ex is threatening to not bring him home today & keep him there permanently. My daughter is at her wits end. Can anyone advise best course of action please? Many thanks.
Nanna_P - 9-Aug-15 @ 9:26 AM
hi, really need some help and advice, my partner received a text from his ex his morning stating that her boyfriend had beaten her and given her a black eye, luckily their daughter was with us last night as it was my partners weekend. she asked him to take their daughter back to her house tonight because she wasnt going back to her boyfriends, however when we arrived to take their daughter back, his ex denied her boyfriend had hit her and said she had fallen and banged her head, she said she was staying at her house and not seeing her partner again, however the moment we left she put her daughter in the car (under 3 years old) and drove an hour to go back to her boyfriends house arriving there at 10pm. my partner wants to go for full custody as we are both concerned for his daughters safety. we would like some advice on what we need to have in place to ensure we are in the best position to get full custody. thank you
concernedstepmum - 2-Aug-15 @ 11:33 PM
I split from my daughters das when she was 3 months old, he kept in regular contact at first but since around the age of 3 he was seeing her every few months, then for a year between the age of 4-5. He saw her briefly then saying he wants to be part of her life for the next 4 months, around once to twice a month and then 6 months ago he moved to another country! There has never been a question of who has custody. He's never wanted shared custody and probably never will. We've not heard from him at all since he has moved. I changed my daughters name to mine by deed poll. But when we came to renew her passport they said they needed a court order confirming I had full custody to put it in her new name? How do I go about getting this please? Who can I contact to get it? Everywhere else just accepted the deed poll certificate.
Cw - 29-Jul-15 @ 9:11 AM
My husband and I separated 2 yrs ago and the children have been living with me in this time and although I have tried to get him to have them he has rarely had them apart from taking them on holidays for long periods of time and the odd night during the week. He had them for a week and was due to return them last Tuesday but he's didn't and has made allegations aboitabout me to make it so he can keep them whilst he has applied for a court order. He has been reported to the police by me on several occasions as he harassed me and also threatened to commit suicide if I didn't get back with him. He has not let the children see me or speak to me for 2 weeks now.
Liss - 27-Jul-15 @ 5:00 PM
Hi, I've been married a couple of years and am currently undergoing a seperation. I have young boy and am currently only getting a couple days a week with him without any sleepovers. My wife has moved to her parents and has him 80% of the time. My issue is that I'm due to go back to finish my studies and currently have 1 year remaining. My questions are; 1-for the little time left how do I get 50/50 access? 2-Whilst im abroad im able to travel everyother weekend, how do I ensure a concrete agreement for access? 3-Once I return permanently in July 2016, will my chances of joint custody have been affected?
helpmenow - 27-Jul-15 @ 11:23 AM
thank you for your advice last time regarding my daughters ex moving 30 miles away and wanting to take their six year old with him. Cafcass are not talking to my granddaughter at all about what might happen and how she feels. They've had the first mediation with cafcass and her ex is insisting it go to court so they are there again in August. My granddaughter keeps saying she wants to stay with mummy and go to her Normal school. My daughter is self litigating as she's not entitled to legal aid, he has a solicitor. He's moving in to a big house and saying the school will be better. My daughter is in a flat and is worrying if all this will go against her. She's terrified of losing her daughter. Level one checks have been made and now level two are being made in time for the next hearing. These will show that police were called a few times due to him sending threatening texts. I'm very disappointed that cafcass have not spoken to her. Even at her age she knows what she wants and is getting quite distressed. My daughter is not stopping access as she's always believed he should see his daughter. People keep saying it's highly unlikely he will get custody but is it really??
smig64 - 26-Jul-15 @ 2:20 PM
my grandson is 7 years old. He lives with my daughter, her partner and their 2 children. He has for a few years stayed with his father and his partner for 3 nights a week. Because of this arrangement my daughter agreed that the boys father didn't have to contribute financially. A month ago my grandson was badly bitten by his fathers Doberman whilst in his fathers home. He had to have 2 surgeries and was in hospital for a week. His father refused to rehome the dog and therefore my daughter is obviously not allowing the child to go to go to the house where this occurred. The child is very traumatised as he has adhd and this has resulted in him not sleeping, eating poorly and being very emotional. During the past month his father came to visit him in hospital once for 20 minutes and my daughter took the child to see his father at the fathers mothers. Other than this the father has had no contact with the child which again is very distressing for the child. He says he is taking my daughter to court to have the child back at his house as he refuses to believe the dog is dangerous. The child is frightened to return there and from a grandparents perspective I will move heaven and earth to stop my grandson ever being put in that kind of danger again. Where do we stand from a legal point on this? The police are fully aware of what happened and seized the dog but later returned it to them. I am baffled as to why. Many thanks
coral377 - 26-Jul-15 @ 11:35 AM
Hi Thanks for providing such an informative page. I have a few questions of my own that would be great if you could respond. Backround story. I Was with my ex partner for 3 years. I took on her 2 year old daughter(now 4) in a step dad role. She has a father who only knew his daughter existed shortly before our relationship began. They have have access arrangearrangements dependingon his shifts as a policeman. I moved in to my ex's rented house. (From renting by myself) once she fell pregnant with my son. I changed jobs to be able to spend more time at home in the afternoon and evening, as I have flexible hours. Fast forward a year my son is now 1. We decided to end our relationship mutually last week, as we could see a lasting future and only together for our son The split was fairly amicable. I move out, back into my parents large 4 bed house,(6 miles from my ex)for the opportunity to save for a mortgage deposit to buy myself a house. (Something that would be impossible if I rushed back into renting) My dad works from home but travels allot on buisness and my mother took early retirement and is a housewife. They are both 54. I have a younger 13 yearold brother who also lives at home. My son will have his own permanent bedroom too when in my care, as well as a large dedicated playroom. The issue now being is that my partner refuses to give me 50/50 residency. Something I consider massively unfair, as we both love him dearly. As I said before I have a flexible well paid job.The days that I have my son and also work, my mum is a capable and excellent grandma who drives. I'm also able to finish early afternoon to spend the afternoons with my son. There is not any day of the week, nor any group of days that I am able to have my son, as I don't work weekends. The weekday days I do, my mum is able to care for him for the few hours until I return home from work. My ex stated that if I get 50/50 residency, my son may not get to see his sister for long periods of time. The reason being for this is, once he goes back into the care of my ex, the same day as my ex's daughter visits her dad 1, occasionally 2 nights a week. I agree this is a valid point, and an important one to address. I suggested that I'm willing to move the days I'd have my son each week, as there is no time I'd not be able to have him. Therfore he is able to spend quality time with his sister. My ex also works as a carer part time (currently given compassionate leave to deal with our breakup) again, I'm able to accommodate care of my son on the days that she works. Where possible though, it would be best to have the days in groups, so my son is not alternating houses too often. But again this will be workable on a month to month basis when my ex's shift patterns are known. When my son is to start nursery, we live close by my ex (6 miles) and his probable nursery/school. My ex doesn't drive, but me and both my parents do. Taking him and pickin
Moptop. - 20-Jul-15 @ 8:25 PM
My daughter is scared to go back home to her moms and step dad. She says that she is scared of her moms new boyfriend. I want full residancy of her as im worried about her and my other son. But the ex isnt a bad mother but has serious medical problems so she is in and out of hospital alot therefore the kids are in no routine as there here there and everywhere when she goes into hospital. My ex's mom wont look after the kids over night as she not that bothered about them. Would i have good reason for residency order?
jamie - 20-Jul-15 @ 7:00 PM
My partner who I wasn't married to took my child who is a British citizen abroad and is refusing my rights to see her as equally as her. She comes from a family of alcoholics her mom drinks on a daily basis. Neglects her children and spends her benefit money on her habits while her children fend for themselves at home. I come from a good family of lawyers. Business people and in professional fields. And I want joint custody of my child who is living in Germany now and I live In the UK so what can I do as I hardly see my daughter maybe once every 6 months. Is there anything I can. She lives on benefits alone with my daughter and I'm working and able to provide the needs of my daughter.
London - 18-Jul-15 @ 5:41 PM
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