Child Custody Rights

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Child Custody Rights

What child custody means in the UK

When parents separate or divorce, decisions need to be made about where their children will live and how they will be cared for. In UK family law, the term "custody" has largely been replaced by "child arrangements", which covers both where a child lives and how much time they spend with each parent.

The courts now use Child Arrangements Orders to set out these matters. The term "access" is no longer used in formal legal settings, having been replaced by provisions for spending time with a child.

Courts and legal professionals focus on what is in the best interests of the child rather than framing matters as one parent winning custody over another. This shift in language reflects a broader change in how family law approaches parental separation.

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Joint arrangements and shared parenting

Some separated parents want their children to spend time with both of them on a regular basis, though this is not always practical or in the child's best interest. Joint or shared arrangements can take different forms depending on what works for the family.

Some children split their time roughly between two homes. Others may live mainly with one parent while spending weekends, school holidays or specific days each week with the other. While courts allow flexibility in these arrangements, they will often look at factors such as proximity of homes, schooling logistics and the child's established routines.

Both parents can hold parental responsibility regardless of where the child lives. This means both can be involved in decisions about schooling, medical treatment, religious upbringing or relocating to a different area. When parents share parental responsibility, neither can make major decisions alone without consulting the other. Parental responsibility is separate from living arrangements and does not depend on how much time a child spends with each parent.

For shared parenting to work well, both parents usually need to live reasonably close to each other and be able to communicate about practical matters. It also requires flexibility as children grow older and their needs change.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

When parents cannot agree

If parents are unable to reach an agreement between themselves, there are several options before going to court.

  • Family mediation allows both parents to discuss arrangements with a trained mediator who helps them find common ground
  • Solicitor negotiations can help when direct communication has broken down
  • Collaborative law involves both parties and their solicitors working together to reach a settlement

Before applying to court for a Child Arrangements Order, most parents are expected to attend a Mediation Information and Assessment Meeting. This session explains how mediation works and whether it might be suitable. Exemptions exist for cases involving domestic abuse or where mediation would not be appropriate.

If mediation is unsuccessful or not suitable, either parent can apply to the family court. The court will then decide on arrangements based on what it considers best for the child. Factors the court may consider include the child's age, their wishes and feelings depending on maturity, each parent's ability to meet the child's needs, and any risk of harm.

A Cafcass officer may be asked to prepare a report for the court. Cafcass, the Children and Family Court Advisory and Support Service, carries out assessments and provides recommendations to help the court make decisions. Their role is advisory rather than representative.

Child maintenance and other practical matters

Child arrangements and child maintenance are treated as separate issues in UK law. Even if one parent has little or no contact with their child, they may still be required to contribute financially to the child's upbringing.

The Child Maintenance Service can help calculate and collect payments if parents cannot agree between themselves. The amount payable depends on the paying parent's income and the number of nights the child stays with them. Current rates and thresholds are available on GOV.UK.

Contact arrangements should not be linked to maintenance payments. A parent cannot withhold contact because maintenance has not been paid, and a parent cannot refuse to pay maintenance because contact has been denied. These are separate legal obligations.

Those going through a separation can seek advice about child arrangements from Citizens Advice and family law solicitors. Legal aid may be available in some cases, particularly where domestic abuse is a factor.

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Ask Child Support Laws a Question
ChildSupportLaws Editor 19/05/2026 at 9:17 am
@Lily Sorry to hear you're going through this. Since there's no court order in place for your youngest, you both legally share parental responsibility and neither of you can just hand him over to someone else without your agreement. If his dad's health is failing and he's trying to arrange for your son to live with his daughter, you'd be wise to speak to a family solicitor quickly about applying for a Child Arrangements Order. Many offer a free first half hour, and you may qualify for legal aid given your circumstances.
Lily 04/03/2024 at 5:33 pm
Hi i am.not sure where to start... but basically i suffered post natal depression with my first child then when i had my second child i ended up with ocd. Anyway i suffered mental breakdown. My 1st child was given to his step dad by ss and court and i let my youngest live with his dad. There is no court or ss involved with my youngest and me and his dad have 50/50 rights. Their dad is poorly with his heart and he dropped a bomb shell on me regarding my youngest saying 3years ago he put in somewhere for my youngest to live with his daughter. Me and his daughter do not get on hes saying i can travel up there etc but i want my child to live me. What rights do i have or what can i do. Thank you
Jk 24/01/2024 at 2:04 am
Hi, my ex-partner stopped me from seeing or having any contact with my 2 boys for almost 4 years and in February 2023 I had a random call from a social worker who notified me about situations regarding and surrounding the welfare of my children, unbeknown to me (but evidently logged with social services) this had been going on since 2018 where 20+ calls/reports had been made to the police about domestic abuse/violence was occurring along with alcohol and drug abuse within the property as well as emotional and physical abuse towards my children. As of February 23 I exercised my parental rights and removed my children and September 23 was awarded a permanent residence order due to neglect etc by the mother and her partner, she is now trying to take me back to court to take the children back into her care, my one son actually wants to go live with his nan while the other is adamant that he wants to stay with me. I’m stuck on what to do and what steps I need to take next….
soph 05/05/2023 at 6:40 pm
I got into a relationship with a man who had not long broke up with his two year olds baby mum. From the start she has been using his child as a weapon. It was always about money if she didnt get what she wanted then we get the message of your not seeing your child. the normal childish behaviour., it come to October last year she got in a new relationship and then asked my partner to take the child full time because her mental health was bad that she didnt believe she couldnt be alone with the child. of course he agreed, in december he then had to start claiming universal credit for his daughter which this when all the problems started to arrise. she had an issue because she then couldnt claim for her she was then losing out on £244 a month. please bare in mind we had asked her if she can pay a small amount of CSA for the child because she needed clothes and new things like every two year old does. she then refused to pay anything. She hadnt seen the child over christmas or new year the contact was far between. About a month ago he went to CSA for some help as she hadnt paid a penny to the child in the 7 months not brought her a thing either. after that shes now has said she wants the child back full time she wants the CSA for her and the universal credit back to herself. We dont believe this is the best interest for the child as shes already claimed in several messages she cant cope even an hour with the child. can we please have some advice?
Emily.c 04/03/2023 at 4:11 pm
Hi, well were do i start...
My ex partner of 10 years we have a son together he is 8, ASD special needs which has been diagnosed from the age of 4. we have been split since my son was 5 and a half.
I have had a really abusive relationship the whole time that we were together which has been documented by police and he has had restraining orders/Non Mal order. we have been separated for 3 years he regularly lets his son down and turns up at my house screaming kicking my doors shouting all sorts on the days he has agreed not to see him he is just coming to intimidate me and my child. (which i have reported for documentation). he is constantly threatening to take my son or take me to court, he has told me he wants to take him away and will not tell me where or how long for... im concerned to ne honest that he will not bring him back or he is untrustworthy having him. He has him (if he turns up) one day a week sleepover usually a Saturday because of his work and my sons school. He doesn't seem to cater to my sons needs or if he does its to benefit him or will only do it in front of people i feel like im going crazy sometimes and i really need some advice on what to do. i have been advised to consider applying for sole custody of my son and i am a little scared to be honest and i just want to know what my best options are as to my situation and first steps of what i need to do if i am able.
Helz 01/06/2022 at 10:21 am
Hello,I am in a difficult position with my ex regarding visitation of our 18month daughter..we separated when she was 5months old..he has never really been in her life..even during my pregnancy we had separated for 3months leading up to her birth..after she was born..I spent 6weeks with my mum and then moved back home with my husband...our relationship became turbulent shortly afterwards and 3months later we separated for good and are now divorced. I was granted full custody of our child and he visitation rights..my ex refuses to agree on visitation..he hardly sees our daughter and now insists on picking her up and taking her with me as opposed to seeing her at my house because he doesn't want her to think we r together..my ex has never been involved in her upbringing..he sees once a month at most for an hour..he is never calls to check on her...never is involved when she is unwell..I have asked him to come and see her more often so that she gets used to him before he can start taking her away from my home.. he refuses to meet me halfway..I told him to wait till she turns 2 by then she can communicate a little better and she can understand the change of environment..he still refuses..I am at a loss...what can I do?
Mr m 14/10/2021 at 12:33 pm
Hi the mother of my child refuses to consider me having my son in the week so I can stay on top of his behaviour and education she lives in denial about his behaviour saying he is having a blip which has lasted 6-7 years now she makes him lie to me she hides things that have happened at school from me she allows him to get away with just about anything she never follows thru on his punishments what can I do if she is refusing to have a adult conversation about the issues constantly feeling sorry for herself trying to bring the conversation to be about her do I have to go for mediation or do I go straight to the court
Sam john Knowles 27/09/2021 at 2:01 am
I have been separated from my ex girlfriend for 2 year's witch I was sent to prison for burglary of the house we lived in for 13 years my ex girlfriend has died and her father is trying to get custody of my son what is my best option
Abi 24/04/2021 at 6:21 pm
After a really long custody battle with my physically, emotionally and finically abusive ex the courts have finally decided that I have full sole custody and also denied any visitation rights for the father. Does this mean he still have parental rights or have they been taken away now he’s not allowed to see the child? (He is on the birth certificate)
Charlie 21/04/2021 at 7:15 pm
The court ordered no third party to be present at handover in a neutral setting. The father lives with a new partner and he brings her to handover. She films the handover too.
Does she constitute a third party?
antoniajane 05/04/2021 at 4:57 pm
Hi, so i was in an emotionally and financially abusive relationship with my daughters dad, we split before she was born and he refused to sign her birth certificate because i gave her my last name fast forward nearly 6 years, he has continued to be abusive calling me names etc. he currently has her every other weekend, most bank holiday mondays, boxing day, fathersday, his birthday and whenever he asks during the holidays. due to his abusive words etc i requested third party ( he cant contact me and i drop her to someone else for him to collect an he does the same ) i worte it all down in a parenting plan which he refused to do anything with, he said his solicitor told him not to do anything. would a solicitor tell someone that? what is he likely to get if it were to go to court?
thank you
Laura Jade 21/03/2021 at 10:05 am
My brother very sadly passed away a week ago, without ever meeting his 11 month old daughter. He was fighting in court for access, and was tragically driven to take his own life as a result of his daughters mothers and grandparents cruelty towards him. They are directly responsible for his death. I would like to apply for visitation/shared custody of my niece, but I’m not even sure if I have any legal basis to do so, or how to start the process. Speaking to the mother and grandparents is out of the question, is there any legal route I can go down to have a relationship with my niece and keep her safe from the monstrous people that are bringing her up...? Please advise.
Mr J 04/01/2021 at 6:35 pm
Over the past 13 years the mother of my three children keeps sabotage me having contact with my children.

We make an arrangement an at the appointed time does not answer the front door or cancels 5minutes before the appointed time then tell the children ure dad let you down again , he does not love you all to try and out me in a bad light

I am tired of being patient I need to take legal proceedings to enable my parental rights as the children father to 13, 3 and 18months year old.

All this time I am still provided maintenance and I still don’t get to see my children

The mum focus on on her heart beak it her children ( we had in the past an relationship which did not last and I went my separate way) we cannot even be amicable as she just hurls abuse down the phone at me or sends spiteful messages. All I want is to be in my children’s life and co/parent she does not want this, then she agrees to it then she breaks the arrangements everytime. 13 years of this I am just tired of the control barriers she keeps putting up

We tried mediation when my eldest was around 5 years old to which she came to me and told me not to put our child through this she will let me see her ... low and behold she stars her games again

I just need to get my co-parenting set out by the courts in writhing the days of the week I have to see my child by law

Please advice
Stuart 03/01/2021 at 5:05 pm
So i have a complex situation, i have received a phone call from the father of one of my exs childs father, he has told me that his daughter has been staying with him over the Christmas period, she has refused to go back with her mum as she says her mum and partner hit her and her other kids, one of which is my daughter of which I am on the birth certificate and another is my son but I am not on the birth certificate, i have been rejected by their mum to see my children but now i find out that there being assaulted daily and i dont know what to do, i have multiple messages from her on Facebook messenger stating how i will never see my kids again, its been nearly two years since I saw my daughter last and I've never met my son, i pay maintenance for them, is there anything i can do, i can't sit back and let this happen
Meg 04/12/2020 at 1:22 pm
Hello. I currently find myself in a situation as an Aunt. My younger sister fell pregnant from an abusive relationship that sent her into crisis. They were no longer together when she found she was pregnant. The father in question is a known drug user with a criminal record who still lives with his parents with whom his relationship is on and off with as they periodically kick him out of the house in a constant repeating cycle. He is deeply abusive to my sister to the point that contact was cut and his parents mediate on his behalf which then led to our mother having to mediate on my sister's behalf as the father's step-father took to simply harassing and bullying her, which the support worker agreed was happening. She has had many different social workers and are all dead losses as most never make the effort to contact or meet my sister and the most recent one met with the father's family first and formed an opinion against my sister without meeting her, which does not give my sister any comfort at all. The father's family is very strategic and it has been obvious from the start that gaining full custody was their endgame. They are very good at putting forward a facade that will gain them favour, they lie and go behind our backs. We try tirelessly to work with them but the communication is just not there. It was agreed with a social worker the father must be supervised at all time when having the baby and the father's step-father assured us he was until found out this was a lie and the father was out unsupervised with the baby at a local park. This distressed my sister and we tried to talk to them about it they would not take our calls or respond to messaged. We ended up having to gain contact via the father's birth dad and step-mum, with whom we are on good terms but the father's birth mum and step-father are not and at every turn try to exclude them or have them taken out of the picture. In regards to the father's birth mum and step-father it was agreed they would have the child every monday, however one monday recently this was not doable as my niece had a routine Doctor's appointment that could not be rescheduled. This was communicated clearly beforehand and they were fine with that but then immediately when behind my sister's back and told the social worker that they were being denied access which wasn't and has never been true. Despite everything she has suffered, my sister has never entertained the idea of denying the father and his family access. However today we learn that they are planning on filing for joint custody which is just one step towards their end game of taking my niece permanently. What is even worse is that the father doesn't even care about whether he gets to see his daughter or not, it is his parents who want her so desperately. The though of joint custody makes us all sick and I know it would destroy my sister who has done nothing but bend over backwards to please everyone. Financially they are in a better s
anyhelpappreciated 20/11/2020 at 1:41 pm
I was living with my partner and two children and took a job 300 miles away meaning I would only be home for weekends, upon me and my partner agreeing I should take the job because of the financial gains, she then ended the relationship. I now live 300 miles away from my sons. Lockdown was good as whilst on furlough I managed to collect them (600 mile round trip) and bring them back to her never asking her for money towards the travel costs and paying full child maintenance. I have done this every month now barring September where my finances were not good. My ex got very cross and has been hell to deal with since. It is arranged I have my sons over Christmas, and I was scheduled to see them last week November, however given lockdown and no where to go barring the outdoors and that is weather dependant, I suggested she bring the children down and stay with her father that weekend who does not live far from me, she will not do this and threatened to take me to court for access to the boys and that she will not allow me to have them at Christmas. She is completely unreasonable and I have no idea of my rights and I just cannot seem to reason rationally with her, its incredibly distressing.
darren 11/11/2020 at 7:48 pm
Hi Guys, so me and my wife split up two months ago and i have the two boys who stay with each of us for half the month each with us splitting it straight down the middle. Which is fair tho the mother does claim all the benefits for the children and housing allowance as i don't receive child tax credits im not seen as the legal guardian with me receiving word that the ex wife may take my boys out of school and move away come may is there anything i can do?
Nate 04/11/2020 at 7:14 pm
My sons mum said she doesn't want my son and doesn't love him or care about him. (Broke my heart)
I work full time but currently live with her due to other circumstances.
I want to take custody/parental rights but how do when technically I dont have anywhere permanent to live.

She's told me she will give him to me but do I need paperwork to prove it or do I have to go court even though she's willing to let me have him.

I'm on birth papers as his father.

Please help I just want the best for him
Shawna 28/10/2020 at 7:42 pm
I was in a relationship with this guy everything was great in the first few months, I have 3 children of my own from previous 23, 17 ,7, still married but separated. now my baby is 6 months old, i suspect he want to take him away from me, he ask for his birth certificate, he said he doesn't neet it for anything, but now he want it . I think something is up, any advice please?
Flynny 20/10/2020 at 6:59 pm
My brother has had my child from feb til now October I’ve taken this to court but because of the pandemic it’s took til now to have a hearing my brother has stoped contact with my son and the final hearing is in March next year he’s taking my son out of school he goes to a special education school and is taken advantage thst he’s vunrable by taking him a work with him does my brother have rights to take my child I’m at my wits end he’s using my past and mentle health agent me to try and keep my son he was 14 now 15 surly he has no rights over my sons education this is a intrim order only til March next year he’s also broke my visit rights the last month
John D 15/10/2020 at 11:09 pm
I am a father of nine children and I can't cope with them anymore. I feel I can't give them what they need. I think their mother is a good mum and cares for them but might neglect their education. Non attendence at school. I work in the education field myself and don't want to be taken to court for them not going to school as I would lose my job and income. What can I do?
Tan 02/10/2020 at 3:22 pm
Hi,

I have been my toddlers main carer since she was born, even when living with my husband he did not participate in feeding clothing changing bath time or bed time, on occasion he has left my toddler unsupervised without informing me, now he is asking for joint custody, he has been emotionally abusive throughout our relationship and not shown any affection for his daughter, he wanted a son I am concerned about my daughter's safety and the negative impact moving to a unfamiliar place with somebody who hasn't been involved In her life for 7 months, would I be able to gain sole custody?
Bee 30/09/2020 at 2:09 am
Hi, my brother has been taking care of my nephew ever since he was born. He is 5 yrs of age now. The mother of the child is now deceased and her sister keep threatening to take the child from my brother saying that he’s not the father. Can she do that?

What rights does my brother has been that my nephew has our last name and we want to keep him ?
Terrified 21/09/2020 at 8:12 pm
Been with my ex partner 10y r I threw him out after he h. had his hands round my throte he came home after seven months but walked out last week he said it's his right to see my son everyday is this correct? I want him home he said yes soon but I seen on government site about parent logbook for custody if he had a lawyer or started processing would I be made aware of this?i don't want to sit on fence if he is just playing until he gets legal papers Please help me as he has threatened to take my son to London and I won't see him again there's a lot more to this fraud on universal I've reported it but seems he knew what to do in my details ect am so scared of his true intentions I worry for my health as had stroke and fear another due to this Urgent advice needed
Asd 14/09/2020 at 7:03 pm
My mother and his boyfriend have a child(my little brother) and he always threatens my mom with throwing her out without my little brother. And he always drinks and smokes very much and we wanna go away with my mom and my little brother but we don’t know what to do. Can anyone give us some advice how we can leave and how my mother can get custody for my little brother?
Ndw 08/09/2020 at 10:04 pm
I am 24 and my sister is 21. We each have 1 child. Over the last 2 years our mother has become increasingly unfit to look after our 2 younger siblings aged 8 and 11 due to alcohol and drug use so between the two of us we have been looking after them. However she is showing no signs of trying to get herself out of this rut and we think it is in the best interests of the children to come and live either with one of us or for us to share custody of them permanently. The only reason we havent persued this yet is because we would first like some advice incase things went wrong and the children went into foster care (which none of us want) does anyone know what are the best steps we can take so that the children are legally in our care or what would happen if we applied for full custody of them?
LRMcG 01/09/2020 at 10:59 am
Ex partner (female) has custody of 11yo daughter. She has made it difficult to see my daughter since I remarried (haven’t seen her in 4 years). Even though the courts maintain she must co-parent with me, she has alienated me from my child. It has come to my attention that my ex has had a life threatening health issue occur. Since things have been contentious since the beginning of our split, it’s has been impossible to approach things such as wills and after death plans surrounding our daughter and property. From the stories I’ve heard from family members, I am the devil incarnate. I’m concerned about her extended family fighting for custody, not out of concern for my daughter, but out of spite. If something where to happen to her, would I still get custody of our daughter?
Joel 30/07/2020 at 1:02 am
My wife has a daughter (my step daughter) and her father is causing all sorts of problems for us. My wife has full custody of her and he has visitation rights. Now, before my wife met me he paid no attention to his daughter had no contact until my wife met me. I am a US citizen currently living in the US. When my wife first came to the US she asked the father if he could watch her while my wife came to US but he wanted money to do so. Then after my wife and I were together for 2 years doing long distance relations, his daughter stayed at his house and when she came back she said he touched her woowoo (privates) but when my wife told the courts and officers they said it was just a touch not enough to do any charges. She is 7 years old and he didnt need to be touching her because she can use the restroom on her own. I dont know what to do right now because my wife is here in the US with me and our new son who is 8 months and he is lying to the courts in UK and accused my wife of child abduction. I dont know what to do, it seems we are fighting a losing battle and might have to move back to the UK. We need to get full custody and take away visitation rights. Her father also threatened to kill my wife with a knife in front of his daughter and thats one of the first things she told me when she came to the US and told my parents the same thing. Can I get help please.
K 21/07/2020 at 10:26 pm
My husbands crazy Ex has said she will be contacting social service as she feels I am an unfit mother and I and holding my husband against his will. Both statements are very untrue. Firstly, my child is perfect and I have no doubt that I am perfectly capable of meeting all his needs. Secondly, my husband is a grown man and can come as go as he pleases.
She is jealous and finding anyway possible to make our life hell due to custody disputes between their child. I need advice on what to do next with the situation and what steps the social services will take due to the allegation. Thanks
Anonymous 26/05/2020 at 9:18 am
Hi, my dad was in a relationship with his ex partner and has 3 small kids with her, She only lets him see the kids on her terms, he has a new partner and she will not let the kids to my dads house due to this new partner, she is very abusive emotionally towards my dad making him feel worthless and not good enough. My dad has a voice recording of his youngest daughter aged 4 telling him that her mum hates him and wants him dead. He has screenshots of text messages sent from her telling him she wants him dead and will never be a good enough father. I really want to help him but don’t know what to do, was hoping to get some advice?
Anonymous 09/05/2020 at 1:01 pm
Hi
My son hasn’t had any contact with his father in 8 years but he is on the birth certificate. I’m struggling to get a passport and things like that without his consent, but we have no idea where he is to contact him what can I do?
Emma 25/04/2020 at 8:29 pm
My partner is currently going through a divorce with his ex wife they have 3 children together. Since the lockdown has begun she has let him have access then pulled it away at the drop of a hat. Now she has removed herself and the children from the family home with no reason and is refusing my partner to speak to them.
This is all because she has just found out he and I are in a relationship. She has even threatened the safety of my child. She has told him she wants full custody of the children for the only reason that I am in his life. Can she get away with this?
muti 25/04/2020 at 4:32 am
My boyfriend is UK citizen, his nationality and his ex-wife nationality is yemeni. Currently his ex-wife living in Saudi.

1. Can he ask to government to let his ex-wife to stay in uk, so that their son can stay closed with both of them?

2. Is it true, if the father want to met his son he must ask for ex-wife permition first? His son now is 8 yo..

3. In what age the son free from his mom custody??

4. If the divorce man (UK Citizen) wanna get marry with a new girl (non UK Citizen) is it the procedure is different with if he is get married again with his ex-wife (non UK Citizen)??
Kenneth Round 11/04/2020 at 10:27 am
Hello there

My name ken I have a 2 year old son I'm currently going through a separation due to my wife mates bullying and assaulting me in fornt of my son the police have told them to stay away from me and my son.
I'm contacting you so I can get a form or something for my wife to sign saying she won't let them contact him so he safe there not family just her friends.
And the other thing is I have my son full time as my wife can't cope with him and she wants me to have him full time is there away she can sign a form to say that I'm the main parent?
Just want to protect my son if you can help would be grateful.

Kind regards
k.Round
Kat 26/03/2020 at 4:56 pm
Parents often forget that a child has two parents.
A child is entitled to all the love they can possibly get. No one parent has rights over another
unless one of the parents is unfit. Grandparents also enrich a child's life. It is healthier
to put aside squabbling and think of the life they created. Of course, it is wrong for
a child be be mistreated by anyone. Anyone.
It took two people to make a child. Whether you get along anymore, it is better to put
aside your differences and try to give the child what it needs.
This also means not to go out of your way to provoke the other parent. And it means that
you have to treat the child well, not just stick it in front of the telly and never share anything with it.
A child is not a trophy.
Question 13/01/2020 at 11:00 am
Hi, I am a single mum of 2 children aged 7 and 9. They have been going to see their dad regularly every weekend although I had to stop them sleeping over when every time my son aged 7 kept kicking off that he didn’t want to go and would run and hide. It got so stressful that I asked the dad if he could just take them the Sunday so they wouldn’t have to sleep over. This was fine until recently when my son got invited to tennis lessons which were in a Sunday. I asked the dad if he could take him and he said he would only take him if they started sleeping over again. I felt that I didn’t have a choice as my son really wanted the tennis lessons so I agreed but on alternate weeks only. My son is starting to kick off again that he doesn’t want to go. He says the reason is because all t y do is sit and watch tv and if they talk they are told to be quiet the whole time. His dad freely swears and shouts at them both which is another reason I feel my son doesn’t like going round there. If I ask the dad to stop swearing and to do more things with the kids he just does exact opposite as of to spite me. I am now thinking about stopping the kids from going around there at all as both of them have voiced concerns to me which doesn’t sound right but I don’t want the kids to go through an ordeal of a court order where they may be forced to go see their dad. Can anyone please advise how I should handle this?
Many thanks
Andy 21/10/2019 at 2:40 pm
My relationship with my wife has been strained for a good number of months now perhaps even over a year I'm not apportioning any blame I feel its just a difference of opinions and we rushed into marriage etc we have a child together who is at nursery, I moved in with her in a house that she was already living in. She also has a son from a previous relationship who I have brought up since before he was 1 my worry is if we do split up my family and support network are all over on the opposite side of the city so I don't know how I would get my daughter to and from nursery as well as getting to my own work, how is residincy decided and would I be expected to take her to nursery on the days I have her or could I arrange an alternative child care solution and what would happen when the time comes for her to go to school how would a school be chosen do the parents mutually decide or are living arrangements what dictate it? I love my stepson as well but I take it I wouldn't have any rights to see him? I don't care about how much child support I have to pay or any of the rest of it I just want to spend as much time as possible with my girl as she is my whole world and if possible I would still like to see my stepson as I love him dearly too.
EssKay 25/08/2019 at 10:48 pm
I am married and have 2 boys both under the age of 2. My husband is not legal in the UK (he doesn't have a British passport. He has a Bangladeshi passport) but has been in this country for nearly 10years with all the right paperwork. He's not allowed to work or anything. We are having trouble in our marriage and it's not getting any better. I want to divorce him. I just wanted to know that if I do get a divorce then will I get permanent custody of both my boys or will he get the right aswell, because he's not allowed to work so he won't be abe to support any of them.
... 13 02/07/2019 at 12:55 am
I have a 3month old son and my ex has recently threatened to come to the house and take him as he thinks I won't be able to do anything I've contacted the police and made them aware but I'm scared to let him have him alone in fear he will refuse to give him back but he keeps pushing me to let him do it, he hasn't changed a nappy and has fed him 3times I give him two days a week to come down and see him as there his days off but he's starting to become unreasonable and making different threats each time he doesn't get his own way, he's on the birth certificate and I have no clue what to do. Can anyone give me any advice or have been through this as it would be a major help, I'm struggling to eat and sleep everytime I'm alone in the house I have to keep all my doors locked and if I go out I'm constantly looking over my shoulder in fear he's going to be there.
Quinny 29/06/2019 at 4:35 pm
My husband and I are going through really hard times. All drama aside, I am in the UK on a marriage visa. If him and I divorce, and I go back to america, I'm afraid for what will happen to our son. There is no way I could ever leave him behind. Has anyone gone through this or know what can be done so I can take our son to America with me?
Happy 25/06/2019 at 4:05 am
My partner and I live in Australia and his ex lives in the UK with both of their children. He left the relationship when his first child was 2 and his ex was pregnant with their 2nd child. He was denied access to see the kids and didn't get to see his 2nd child be born. He ended up having to leave the UK and it has now been over 4 years since he has seen his first child and last contact with the ex was 2 years ago. He is now going to make contact again with the ex to see if she will allow him to be part of their lives but if she doesn't then what issues is he facing? Given he hasn't been able to be part of their lives would the courts be against him? Also if given access would he be allowed to have them visit abroad sometimes?
JayJay 15/06/2019 at 3:12 pm
I’m a full time mum of a 19 month old little boy. The relationship between me and his father has been broken for over a year. He is on the birth certificate.
We used to have a really good schedule arrangement when it came to him seeing his son on the weekend, sticking to pick up/drop off times.
Recently he entered in a new relationship with a younger girl who he met in March may I add, and I’ve tried to negotiate with him about boundaries and the welfare our our son with meeting new people as he’s still rather young. I feel uncomfortable that he’s gone behind my back numerous of times and introduced this girl to my son without consulting me first. And now recently she’s been present when he picks up his son outside my house which I do not feel comfortable nor agree with. This has caused many arguments between us both and I need some advice on how to go about this correctly and maturely for the sake of my son as I suffer with depression & can get seriously ill due to stress.
Thanks!
Shawn 03/06/2019 at 1:18 pm
Hey I have a 7 months old baby boy. That I can’t get to have on my own. His mother wouldn’t let me take him for couple hours in the week. It’s very frustrating cause I can’t get to see my son. The only way I can see him is if I go around her house which is always packed with people family and not family. So I feel I can’t bond with him properly. What can I do
Douglas 18/05/2019 at 7:32 pm
My Name is called Chrstina Douglas i am fighting a redunice custoday oder my ex boyfriend has taken my daughter away from since i was sixteen years of age i was 15teen when i was carry my daughter my ex family put me there Airde court still fighting my daugher now my daughter is now age8 comeing up age 9 in october could note coup when my daughter was a babey but now i can cope whit my daughter finding hard to understand my court cause back then my daughter was note aloued to stay whit me when my daughter was a babey at the time now i manghted to get over night stays ive onlay gote my daughter once a fornight now i nead advice to fight my daughter back my daughter stays cumberulad now i want may daugher back whit me. i dont know if dexla could infved my daughter life alsow whats whats best for my daughter now plesce some give me addivce on this
Askingmum 08/05/2019 at 10:02 am
I have a 8 month old and her dad got in a relationship when I first found out I was pregnant he never helped out whe pregnant and since baby’s been born never held out now, he comes and see’s tribe baby for 19 minutes every week doesn’t pay child support and never had the baby overnight or on his own even though he has been asked if he wants to but he has no interest he is on the birth certificate . What should I do ?
azam 27/04/2019 at 11:14 am
hi i am azam pasha, presently i am in india. i came to india in 2012 dec, and then again i appiled for for family visit to uk, but immigration people gave me banned for 10 years , since 2013 onwards i am in india, i have a daughter of 7 years old and my wife died on 20/04/2019, presently my daughter living in foster home, i want to see my daughter back please help me
Rosypops 25/04/2019 at 6:56 pm
I have a 7 month old I don't live with the father he is on birth certicate he has drug issues and there has been domestic violence towards me for which he received a caution there have other times when I've had to call police but not pressed charges I wish I had now as he wants shared custody he lives back with his parents not stopped his cannabis use but it has decreased I worry he will in a temper hurt the baby his parents go away at weekends I don't want him there alone with him he does stay there 2 nights social care say they don't feel it's now a safeguarding issue well I do he pays nothing towards him I know that's not a reason to prevent access but it's his drug use he smokes weed around baby albeit outside he doesn't declare his tax works cash in hand I don't want my son raised in a family that thinks benefits are the norm I do work I worry my son will be harmed physically by him but social care aren't bothered he was evicted from his last property for anti social behaviour and left the property in a filthy state covered in dog faeces I paid for the dog to be rehomed as he was cruel to him what do I do.
Cookie Monster 23/04/2019 at 8:17 am
COOKIES!!!

On a serious note I have a rather complicated issue.

I have a 2 year old with my ex girlfriend. We split up in March 2019 after she had an "episode" and I had to remove my son from the property as she was a danger to herself and to him. We still lived together and tried our best to get on as friends but she has been more interested in going out to drink or smoke. I work Mon-Fri and usually get home between 5.30pm and 6pm at which point she will go out if she has made plans (2-3 times per week). When she goes out she does not come back until 2, 3, 4 and most recently 5.30am. The most recent time she knew I had work and our son was getting dropped off in the morning after a weekend at his nans house. I am thinking about going for a majority custody as I believe she is irrisponsable and not capable of looking after herself let alon our 2 y/o son. I have the support of both my parents and her father & step mother whom due to her behaviour have cut off all contact with her such is the extent that she has manipulated and abused me over the years. I am currently sheltering at my parents house and she has been told that were staying there "for a while" and if she wants to see him she can go there but cant take him away. She has yet to do this.

If this got messy - would on the basis that she has been abusive towards me and manipulative, she is mentally unstable with a history of self harming and hospital visits, proven she is irresponsible and he is not her priority, the fact I have support from both sets of parents. Would I get full legal custody if things got messy and we couldn't come to a joint agreement?
Worried child 14/04/2019 at 6:30 pm
What age do I decide to which parent I live with? I’m currently 13 and my mum is a drunken silly to behaved mother my dad on the other hand is mature and found someone and she is nice to me and her son (same age) is nice too,I want to live with my mum but she is very malipunative (Spelt wrong) and I don’t know what to do my dad Has called social services???
Anne Thomas 03/04/2019 at 9:53 pm
My son had a relationship with the mother of his child he pays maintance as expected the mother got in new relationship stopped acces to my son she was under child protection order last year now stopped because her relationships with men she not under order now.my son is deverstated she has stated new man is het new daddy won't let my son see his daughter.
Zip 19/03/2019 at 3:41 pm
am from Africa . Worked for an airline, I was not allowed to have children, so I put my career first as I had to provide for my family. The when I was in the late 30s I made a very hasty decision. Met a man who ticked all the boxes. We have a very beautiful daughter very very clever. He beat me up when I was pregnant changed locks bashed my phones Was in a refuge. When I came to uk I thought it was like maana from heaven. Now am trapped. I see my girl only on Saturday for 3 to 5 hrs. I have no family here My story is very complicated please help me somehow. Thank you
Sub 15/03/2019 at 3:24 pm
Hi. I need some advice. I have been married for 3 years and had been having marital problems. My spouse is in the UK on a spouse visa as I am British. Over 4 weeks ago my wife left with my 2 year old toddler without telling me and hasnt returned. She had a non molestation order issued on an ex parte basis. She falsely alleged that I had abused her and assaulted her twice which are blatant lies. I went to court and could have contested the charges but instead signed an undertaking without accepting any of her claims and she did likewise. I havent seen my son in over 4 weeks and do not know the location of where he is and missing him like crazy. What can I do no in order to see my son again? Do I have to see a solicitor and apply for a child arrangements order? I am a low earner but own a house on a mortgage so cannot get legal aid.
Teetee 10/03/2019 at 8:28 am
Hello.
Me and my partner are going through a break up. I live in his house, drive his car and we recently began runnning a business together which he has majority sharehold in.
He has bought another house for us to move into as we needed a bigger place so we should be moving soon.
I had my son whilst at uni I then began my masters degree when he was 5 month old due to pressure. I also worked nights so I could look after my children during the day. I feel like I have nothing as all the finance comes mostly from him. I’m worried he’d take me to court and I’d loose my child as I don’t have much of an income.
Worried mum 09/03/2019 at 2:28 pm
Good afternoon. Me and my partner are spliting now and we have a little 3 konths pld baby. Both are on the borth certificate but he doesn’t care about the babay, never bought nothing for the little one. I would like to ask for full custody of him but I don’t know where to start... can someone guide me? Many thanks
Worried mum 08/03/2019 at 12:03 am
Hi me and my husband are together for nearly 10 years and married for 2 years. We have a beautiful boy, he is 2. I am only working part time when he is at home he is working full time. So argue every single day about everything sometimes over really silly things,and on the last fight he swore and made me a bad mom, anyway really bad with louds of bad words, and i said that I really want a divorce cause i am not raising my son like this. He threatened me and said that he will fight me in court and will take my child, because i only work part time and he is the only one providing for the family and so on. Since the beginning he didn’t help, he is old school thinking he is the man , works and brings the money and i am the mum and needs to do everything else. Anyway there are a lot to say but i am a bit scared what do i do. Honestly I don’t want to raise my son like this, andi belive he loves him but not enough to look after him. Please i need some help and advice how to go further. Thank you
James 22/01/2019 at 12:01 am
Hi, looking for help I've been with my partner for nearly eleven years and she had a child with another guy before we got together. I've been in her life before she was one and before her biological father wanted visitation rights. They went to court and it was decided they would meet at a neutral venue for him to see her once a week which then became he collected her once a day every week and has done so for the past nine years or so.

Our daughter does not enjoy going to these visits anymore claiming they do nothing and finds it boring. He works and may even own a business if the rumours are to be believed but only contributes £5 a week to her. My daughter asks how long she has to keep going for every week. I'm basically asking at what age can the child decide she doesn't want to go to her fathers anymore.
Worriedfriend 21/01/2019 at 6:50 pm
Hi I need some advice a good friend has been split for his ex for years now and they have an 11yr old son. His ex used to be a close friend too but over the years they've both have had numerous arguments court hearings over custody and she has said some very malicious stuff to their son about his dad. I know that things isn't true he suffers with mental health issues but he care for his mom has a full time job and is a decent man. It's killing him not seeing his son as courts previous as ruled that the mom as the final say over when he sees his son, she's blocked his calls refused to let him have their son when he went round previously. She is a good mom but I've witnessed her struggling in previous years she would dump their son with friends or family so she could get drunk go out partying or just cause she wanted time on her own with her new partner. She also as underlying mental health issues she told me her self over years she's felt like running off, suicidal and she has really dark thoughts. Her family get involved to much too and put stuff in the child's head. I would say it's emotional abuse
I need advice for this child's dad he so badly wants to see his son and I know his son wants to see him but the mother is having none off it please help!
Sophie 08/01/2019 at 1:32 am
Hi, my partner has been going through the court process for the last 4years to see his son and it is now the 11th hearing due to mothers persistent breeches, she was committed 80hours unpaid work at the previous hearing but has continued to breech. The caffcass officer writing the report the next hearing has suggested to consider change of residency which we have been thinking about as it was found she is emotional abusive towards the child, however we have been searching for the application on gov but there is no form only child arrangements which is only to enforce the existing order, please can you advise how to do this or if the procedure has changed as we cannot find the information or link for the form anywhere
Paige/frankie 26/12/2018 at 4:39 pm
Me and my boyfriend have a 3 month old boy and both have parental responsibility for him. However I have recently found out that he plans to move to Canada. What is the best way to go about this with our son?
Help 23/12/2018 at 4:09 pm
I have two gorgeous little sisters both 6 and under. My mother is and intermediate alcoholic and very verbally abusing. Swearing infront of little ones all the time. She has borderline personality disorder. My father isn’t much better but I’m sure that’s because she makes his life hell on purpose. I really want to take them away from all of that. I need to it’s killing me and I can’t imagine what it’s doing to them. My partner and I are about to rent our own house and I want to get another bedroom for them. I need to know what I have to do to get them with me and also how to avoid having them placed in foster care. I’m almost 20. I would love any advice. I really need some help.
Kate 14/12/2018 at 8:50 pm
My daughter hasn’t seen her father four several years now and I want to know where I stand if anything happens to myself? I want full custody of her any my sister to be her gardian if I was to ever pass away I don’t want her father to have her as she’s not got any relationship with her at all
Desperate SM 05/11/2018 at 3:53 pm
Never married the father of my disabled child, bent over backwards to cultivate and maintain his and my child's relationship for the last 7 years. For the first 6 I allowed him to stick to his controlling way of inconveniencing me with weekly visits he was rarely if ever on time for. This year I tried to give him the benefit of the doubt and allow him to have her over some days and weekends. 2 of which I am convinced he was not on top of her care (did not give her rescue epilepsy medication on time and shut me out when I tried to intervene on a video call). Before that I noticed my child flinching each time she had been out with him after he had given her personal care (over leaning nether regions). Recently he sprayed his new alcohol and pheremone based spray on her skin and new jacket he had bought her. Dumped her with me, she nearly went into anaphylactic shock and seizures on that night. Even after telling him he did not follow up on her recovery.

He has never initiated intervention or been involved in her basic care or appointments. Off late he has contacted involved professionals such as the school to insist on direct contact with him creating the impression I don't keep him updated. Over the years I have kept h updated and he has not shown up or prioritised the appointments etc.

He seems to think that his payments of maintainance warrants his control of the co-parenting even though he has never pulled his weight.

I want sole custody with supervised visits. I don't care about losing out on maintainance.

I actually believe he is indifferent about the survival of my child as if she is an inconvenience to his life. I want my child to survive and have made practical sacrifices to ensure this happens. I am scared of her safety with him. HELP
Davey4 24/10/2018 at 10:14 pm
Hi...me and my girlfriend have a baby boy of 3 months old, we were getting on so well but then all of a sudden we ended up breaking up. . As a father i want to have my son half the week because me my son and my girlfriend and her other son have been living in my house.....I am worried everyday going to work leaving my child at home as my girlfriend's son use to kick our dogs and trap them with his trike bike . We had to get rid of the dogs and then we tried have a little kitten but court him cutting the kittens fur off with scissors..(my girlfriend's son is 9 he should know better) when my girlfriend let her son hold our baby boy he got bored and kind of dropped him into her arms it was quite scary....the last one is the mother and her son and our baby boy went out in the car on a hot day and my girlfriend's son put a blanket on our baby boy and didnt say anything to the mother and by time she pulled over my baby boy was dripping with sweat..as she didnt know her son had done that so I'm scared of going to work.everyday not knowing whats going to happen.....my girlfriend and her son live in my house dont pay any money towards bills i pay for the whole house and I tried treating her son as my own....I even had to start banning her son from the xbox as he doesnt brush his teeth so I said if you dont brush your teeth you dont get treated.....where do i stand and what can i do because my girlfriend is saying she's leaving me and taking my baby boy and I'm scared because I dont trust her son ....thanks
cc 19/10/2018 at 9:13 am
My ex wife will not let me pick my children up from school or drop them off however is happy for her parents and sister to do this..

I am not allowed to have my 3 Children over night during my rest days from work during the week because of school ?

We did not get anything stated in our divorce reference who has the children at what times.

I feel like she is being very difficult. I just turned down a promotion at work because my ex wife will not cooperate and build in a new routine with me and the kids.

The kids love coming to my house. This is really upsetting i am being stopped from progressing upwards at work. I have the potential to go 4 on 4 off at work and share the children 50/50 ... I feel like the ex wife is scared of loosing benifits.. She takes me for full CSA money as if i am a dad who doesn’t want to see my children... I have offered to have them morw and she says NO !

I am in the process of buying a house and after that i am hoping to go to the familt courts and get shared custody.. There is not valid reason i can not do this alart from a bitter ex wife who is living the dream saying NO !
Joeims 11/10/2018 at 8:37 pm
I was with my ex partner for 11 year she had two kids to two different dads which i took them on as my own specially my daughter who i have raised from birth at the begining of the relationship things got bad i had anger issues and one point i attacked her as she attacked me but i didnt press chargers in case the kids got took off us by social services I was charged with abh went to crown court sarah written a letter to the judge to spare me going to prison and it worked i went to angermangement/counciling we got back together and while getting back together we had my youngest carter joe things where great yeah we had our arguments but who dosent then we split up in last year we try to sort our differences out still going round to see the kids and taking round our dads where I am living but we didnt work out and I finished it completely she gave me 2 days a week for tea monday and thursday Id mind them for her while she was working on a wednesday aftertoon and saturday afternoon then week after it be the same twice for tea sleep over the weekend friday 6pm til sunday 6pm also inbertween taking them to school on a monday morning also picking them up for tea. inbertween all this id pick my daughter up from dancing make her tea and drop her off home i also use to have them ramdomly sleep over rather it was just to spend time with them or say the friday when it wasnt my weekend they sleep over so then sarah didnt have to be rushing about to get to work also if she had things planned id help out by minding them which i didnt mind because they my kids llove spending time with them i also use to ring them almost everyday like how are you how school been what you been up to so now that iv met someone else which i have told her she didnt want the kids meeting her which they have met her but as a friend passing through the street as now i am not seeing the kids.I am happy and has never stop me putting the effort into my kids iv knew this woman for nearly all my life because iv met someone new she saying she scared if my past history repeat itself thats why she safe guarding the kids from us fighting that she cant protect the kids she has told me that she has sorted a contact visit which is a lie can only be rule by a judge so that hasnt worked she has stop all contact with me and my kids. she let me talk to the boys on the 4th july and now she stop me completely talking to them i have tried and ask if i can have them for tea and the answer is no she has told me to go through the courts and that i wont get no access because of my past history i have never hurt or indanger my kids but because iv told them off for being naughty im some kind of monster which im not but before all this she told me i was a good dad and couldnt of hand pick a better one she has done something like this with the other kids dad and they havent put up a fight and walked away which i am not willing to do i want to be a part of my kids lives i love them and do all i can for those kids
. 07/10/2018 at 7:02 pm
I am pregnant with twins. I’m not with the father he wants to not see them during the week but has them all weekend since he will be off. I don’t think I would be ready for that until they are 6 months. Would a four agree to this?
mps 02/10/2018 at 6:11 pm
Hi can you advise,
I split from my partner 2 years ago. Since then we have split custody of out two boys. Verbal agreement only between the two of us. Even though we have equal time with the kids I have still been paying child maintenance of £425 a month to help her with bills etc.
This week she has demanded more money and said I can no longer see the boys unless I pay £625 a month. This amount is impossible for me.
She has been collecting the kids from after school club before I get there and refusing to answer the phone to discuss.
I don't know what to do. All I get is abusive texts with demands. My kids must think I've abandoned them. I just want to stick to the routine that we have had for the last 2 years.
What can I do. Im trying to stay calm but I feel like she has all the power. If I did what she has the police would be round within no time.
Help me. Please.
Bob 26/09/2018 at 4:49 pm
Me and my ex separated 5 years ago, she live with my 2 kids in uk and i live in united states, before she would let me have contact with my kids and i use to send money, but 2017 when she stop having let me talk to my kids and i couldnt send anymore money because she block me from all the communications i can reach her. Now i want to filed for shared custody so i can see my kids since she filed child support. I dont mind paying child support but i want time with my kids as well.
1fundiver 23/09/2018 at 9:38 pm
Hi, please help!! My daughter's dad took her to spain, got drunk, deficated on himself and walked away without my daughter, she's 11. He left her at a venue and no2 knew for over an hour where he went, the police finally located him, he wasn't arrested but She got taken into police custody and then social services and stayed in a group home until I could get a flight over to get her ... Where do I legally stand on contact?
Stress out 21/09/2018 at 7:39 am
Hi! My ex husband and i have been divorced for a few yrs now. I didn't hired a lawyer when we divorce, only he did. I remember on a form that he asked me to sign stating that i can have full custody of our children, i had to go through my paperwork today and i realise that i actual don't have any written proof of this. My question is how do i obtain this written proof from his solicitors or the court. I do not want to have to face him as he is abusive. Pls advice me as i urgently need this paper. Many thanks
Bluebell lass 20/09/2018 at 10:38 pm
Hi there, my.ex and split in June 2017. We agreed 50 50 custody as we live close. My ex is the leisure guy and because I had an affair my family have chosen him over me. I am in a secure and happy relationship, and whilst my parents cut me off, I have provided an enriched and loving home for the boys. Slowly my.youngest has voiced he doesnt want to go to his dad. My eldest is scared of disappointing his dad and tells us different things. The lifestyle and routine for the kids has caused me concern for sometime and I asled my ex to do mediation. He's refused stating kids Re fine andits in my head. I had want to suggest a term time arrangement to offer rhen more stability. During this time I lost my job and sadly I can't attain work locally and need to relocate 3 hours away. I want to still pursue the term time arrangement and kids be with me in that time. I am worried my ex will argue hes kept the status quo and use my family against me or out an order against me. What,can.you suggest to help me best navigate this situation?
ChildSupportLaws Editor 18/09/2018 at 12:50 pm
Regardless of how often your ex has your son overnight, if you wish to move from the area by law you have to ask for his consent. If he refuses, then you would have to refer the matter to court. If the father does not have your son often, then it is likely the courts would allow your move. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Lunaa 17/09/2018 at 6:20 pm
I separated from my partner almost a year ago. He has our son once a week or once a fortnight but refuses to have him more than one night and tells me that's what my family is for. I'm looking at moving somewhere else with my son for a new start but my ex is threatening me saying I can't without his say. What can I do? He hardly sees his son so will it be worth getting full custody?
Worried parent 11/09/2018 at 10:35 pm
Hi I am about to go through a divorce I separated from my husband in 2017 he met someone new within a few month which am not bothered about am glad he has moved on but my daughter doesn't like her when she was four her dad left my daughter on my door step and drove off before I got to the door my daughter was crying so I asked what was wrong his new girlfriend had said she didn't want my daughter and she was making them unhappy so I stopped her seeing the women I never said she couldn't see her dad just his girlfriend however even tho my daughter said she didn't want to see her he told my child he was having a party so she would have to go to their house I didn't no this till she got back when she got back she was really quiet and I new he had took her their without my daughter wanting to go. They now have a new baby and live in a 2 bedroom house she has a child already and my child and hers shared a room which she didn't want to do as her child is male and I think it's wrong. he doesn't let his parents see his new child and my child loves seeing her grandparents they see her whenever they can and I would never stop them seeing her he hasn't seen my child since May he doesn't call or text to make sure she is OK he never has and he has stopped paying for her over the past 2 month I want to go for full custody cos I don't trust them and I don't Want them turning up and taking her one day am just scared if I go to court I may lose her does anyone have any advice
Dmb12 10/09/2018 at 10:11 am
My partner has a child from a previous relationship who is 7, we have a court order in place for contact but recently social service are involved in her behalf for drug use,neglecting the kids (she has another child)- has has failed a drug test with them which shows she is still using- she also drinks a lot.. do you think my partner could get 50/50 custody? She currently has him a few days more then him. We are so worried about his welfare. We just wants what’s for him. Thanks
ChildSupportLaws Editor 07/09/2018 at 2:34 pm
It is a tricky question to answer as all parents who have parental responsibility can care for the children (unless a court order says otherwise). If your husband is on the birth certificate (so has PR) then he can legally care for the children. If he is not registered on the birth certificate, then his ex would have the authority to come and take the children without his consent. In order to make living arrangements official, then your husband would have to apply through the courts, Or an arrangement can be made via mediation. If your husband's ex wife does come and take the children, then your husband would have to apply to court to have them returned. As he has been the primary carer for a good while, then it is likely the courts would return the children to him (unless there was a very good reason otherwise).
Shelly 04/09/2018 at 4:25 pm
My husband and myself separated 11 yrs ago for nearly three years in that time he met someone else and they had a child. When the child was 2.5 yrs old my husband and I reconciled he moved back to our marital home, he had been back a matter of months when she announced she was six months pregnant. When the eldest child was three yrs old she had just given birth to the second child the three yr old came to live with my husband,me and our two children this has been on going he is nine now so has lived with us for six years in that time the youngest child has also come to live with us he has been with us 18 months. She has never provided financially,contacted them regarding there welfare they have both been under speech and language experts for there speech and vocabulary she never allowed her parents contact when she did have them this is now a regular arrangement which grandparents and kids love we have done so much and sacrificed even more for the well-being of those boys, but my husband thinks she can just come along and up root the boys and have them back in her custody after all this time is he right? Please help
JuN Editor 03/09/2018 at 2:07 pm
@Ella - do you really want your ex to have contact with your son after what you say he has done? There is a good reason why the refuge doesn't want you to have contact. You would have residency of your child if you have always been the primary carer. You might want to ask the refuge what the process should be - but I'd be pretty hesitant to allow anything other than supervised contact.
Ella 02/09/2018 at 11:21 pm
Me and my 4 year old son staying at a refuge accommodation for almost 2 weeks now due to domestic abuse. I was married for more than 8 years and i can't bear the physical, emotional and financial abuse no more, and plus seeing my son suffer is too much. Now, I just want the separtion to be easy for my son as he is asking for his dad but as a refuge rules we're not allowed to have an open communication with him. I want to talk to him and ask what he want's from this separation and maybe we can just have an agreement on when he can spend time with our son as i still want him to be part of my son's life. Im worried about who's gonna have the custody is it me or him? I am the primary carer of my son, even before my son was born he was in a child's protection due to his dad's previous history of domestic abuse from his previous marriage and he served 5 yrs in prison because of arson.
Please i need some advice
Many thanks
34skyline 20/08/2018 at 7:13 pm
Hi there, me and my partner (ex now) had a wee boy I'm September 2011 and we split a few month later. Now for a full year after the split we had shared custody of our son 3.5 days a week each chopping and changing days to suit each other with work and training etc. Now after a year of this with no lawyers being involved (after me repeatedly asking to have something done in writing) she decided she didn't want me being part of our sons life because she had a new partner and was moving on. So for a year and a half I went through court to get my son back eventually after all that time without seeing my son or his mum I was granted 3.5 days a week with my son by court order. I managed I get a message to her saying so and within half an hour she was at my door reading the court order and said that she will not adhere to it and she will not let me see our son. So I went back to the lawyers and he said "we will just get her put in jail" which instantly put fear in to me the idea of taking his mother away from him even tho she done it to me I couldn't do that so I left it at that believing that if I pursued it he'd have his mother taken away and she is the only consistent being he has ever had. Now its 4 years later and I've really been trying to research this and I'm now going to go back to court and try and get him back. My question is where do I stand after being out his life for so long in the eyes of court? And what rights do I have?
FooledAgain 17/08/2018 at 11:59 pm
I am in the process of divorcing my husband after finding out our 7 year marriage was a sham to get onto a spouse visa. I found out that he had been stealing from his boss all along, and when finally caught after 8 years of lying to everyone he’s stolen over £150,000. The man is a dangerous sociopath, so devoid of remorse for his theft that he even posted a further £350,000 of fraudulent transactions to the company’s books purely to cover his tracks. He has lied about every single aspect of our married life, even forging documents when I’ve challenged him. He is likely to go to prison for his crimes, and as a foreign national will most likely face deportation. His parents are illegal immigrants who regularly break the law, and his father is a volatile and aggressive man. I don’t feel that it’s in the best interests of my children for any of these people to be in their lives and I’m terrified that he’ll find a way to manipulate his boss into not pressing charges and then get away with everything he’s done. Is there anything I can do? I’m terrified that he’ll take my children and do something stupid.
ChildSupportLaws Editor 16/08/2018 at 12:23 pm
If you are the day-to-day primary carer of your child, then you can choose to stay in Scotland with your child, if you wish. You would not be forced to move.
SVivien 15/08/2018 at 9:39 pm
Hi. I’m very unhappy with my marriage and decisions my husband is making for me and my child. I’m scared because he wants to move to England from Scotland and I don’t want to go. I’ve got family here and no one there. If I filed for divorce, could I lose my child to England? Would I be forced to move there to be with my child? Would he have to stay here to see our child? I’m so unhappy and scared.
ChildSupportLaws Editor 14/08/2018 at 2:02 pm
Unfortunately, there is no black and white answer here. If you have evidence of his drinking and drug taking, then this can be used in court. As with any child access arrangements it has to go through the process laid out via the link here first. If you feel your ex has given reason to take his child, then court may be the option. However, you will have to put it into the hands of the court to decide what it thinks is in your child's best interests.
Eivy201 13/08/2018 at 8:07 pm
Hi, I have a baby with my ex partner. He repeatedly drank alcohol excessively while looking after our daughter and after discovering cocaine in our home I chucked him out (March 2018). I tried to come to an agreement and he was seeing his daughter successfully. I agreed for him to look after our daughter while I went out with friends for my birthday. I came home early as he sent me messages that implied he was drunk. I came back after only 3 hours out to find he had drunk 2 bottles of vodka, smashed the bedroom up and passed out on our bed with my daughter on it. I chucked him out again, (I have 3 witnesses to this evening). I was advised by social services that I couldn't stop access so agreed for him to see her under supervision. He has repeatedly ruined this as is clearly still drinking and bombards me with accusations and threats. I no longer want him in my home to visit our daughter. We tried arranging mediation, I asked him to pay for me instead of paying money into my account for my daughter which he agreed and on the saying mediation he refused to pay for me! I have proof of all of his drinking and the situations where he out my daughter in danger. I now want to apply for full custody but I am so scared of him having any access. He is so good at manipulating people and playing the victim and he is now denying the drugs and alcohol. Would you recommend full custody? I am so scared of him not looking after her or taking her off me. She is too young to even say what happens while in his care and I am also scared of what the court would grant to him.
ChildSupportLaws Editor 09/08/2018 at 12:37 pm
Yes, it would then be up to your ex to apply to court to reinstate contact. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Ldl1986 07/08/2018 at 8:09 pm
My daughters father is currently under investigation for producing and supplying a class C drug, he’s waiting to be charged and will no doubt be going to prison for quite some time. He was producing and supplying at his home where my daughter goes to stay every other weekend!

Is there a way I can legally stop him seeing our daughter before he gets sent to prison?
ChildSupportLaws Editor 07/08/2018 at 2:14 pm
Before the father of your children can apply to court, you both would have to either agree access between yourselves or via mediation. If your ex works irregular hours and does not currently have the children regularly, then it is highly unlikely he would be granted shared-care. You may wish to keep a diary as evidence to show specific dates when he has been unreliable or let them down, should the matter go to mediation or court.
Flimzy 07/08/2018 at 12:55 am
I have been split from my ex for over a year now. He was living with his mom and step dad and having the children on a Tuesday evening till 7.30 and a Thursday evening till 7.30 and 1 day and overnight stay at the weekend. His mom and stepdad have thrown him out and he is now staying in an over crowded house of his sisters. He has continually let the children down in recent months by not collecting them when arranged and not contacting them at all etc. His new relationship has now come into the open even though he’s been denying it and still telling me he loved me and wanted his family back since the day he left. He is now telling me he’s getting his own house and when he does he wants us to have 50/50 access. He never takes the children to their extra curricular activities and doesn’t do much with them anyway. As the previous arrangements were not working I changed them to 1 night per week till 7.30pm and 1 day at the weekend till 8pm. He will not have them overnight and now insists on bringing them back at 6pm on a Sunday, my suspicion is so I cannot go out anywhere so it’s his way to prevent that. Where will he stand with gaining 50/50 access? He works irregular hours, sometimes night shifts and starts too early to take the children to school and sometimes too late to be able to collect them or even have them at all, he states that his family will be having the children on his behalf on his days but in that case he is not for filling his role on a 50% basis surely?
ChildSupportLaws Editor 03/08/2018 at 2:27 pm
If you are the grandparent, you would not be allowed to apply for residency unless neither of his parents can take care of the children.
Gran 03/08/2018 at 9:44 am
My son and his ex are in dispute over their 2 children and living arrangements. She now refuses him to see them although they have lived with him and myself since being removed from her almost 2 years ago. They have been to court and she also refuses me access saying theyre afraid of me.
Since i have been instrumental in their upbringing since birth and throughout their parent's troubles until her recent obstructions.. would ther be any point in applying for residency myself?
ChildSupportLaws Editor 02/08/2018 at 12:28 pm
This is a tricky question to answer and much depends upon the willingness of your ex to fit in with your plans to sell the house and be willing to share the residency of your children. You may wish to seek some professional advice in order to explore your options in case she chooses not to agree, in which case a whole different set of circumstances could prevail. There is no way to formalise a child arrangement agreement that cannot be changed unless the matter goes to court and is decide by a court in what it sees as in the best interests of your children. Until then, any agreement made will be upon the goodwill and amicable agreement of both parents involved either mutually, by mediation or through a solicitor. The alternative scenario is that your ex opts to become the primary carer, you will then be required to pay child maintenance and your ex (if she can afford the mortgage with the help of child maintenance payments) may be allowed to remain in the house until your youngest child finishes full-time education.
ChildSupportLaws Editor 02/08/2018 at 11:16 am
I am sorry to hear this. If your ex refuses to attend mediation, then you can apply to court. However, unfortunately it can take time and there is no forcing the issue in any other way. Our Separated Dads forum may help you here as many of our dads have been through the same or similar situations. The child arrangement order process is outlined via which
CDE18 01/08/2018 at 3:21 pm
Hi, I'm in the process of separating from an ex partner and we have a 20 month old girl. We've all lived together since she was born in my house and my ex partner has left and returned to her own property with our child. We had an informal agreement (Alternate weekends and I had 2 nights a week) through family mediation which broke down when my ex partner turned up with family members and forced our child from me several weeks ago, this is being dealt with by the police at the moment. I've attended mediation and am waiting for her to do this, I've not seen my daughter for several weeks now after seeing her daily for 18 months and as we don't have a child arrangement order which could take months, I have no idea how to exercise my rights as a father, everything seems to be against fathers. I'm meant to see her at the weekend but only for 3 hours which I think is completely unreasonable having not seen her for so long. I have told the police that I would like to see her longer and I will ask my solicitor to contact hers hopefully after I've picked her up to say that I'll have her for the weekend. I have also told the mediator and I have had no response from my ex partner when I asked. Where do I stand with spending time with my daughter if my ex partner refuses to respond to any requests? And can the child minder (close friends with her sister who assaulted me) prevent me from having access to my daughter when I try to pick her up? I have parental responsibility, I'm on the birth certificate I work as an Engineer and own my own family home, she is being completely unreasonable and not amicable and I think that in the long term mediation will fail and we'll be in court. Thanks
bigdad 01/08/2018 at 12:40 am
Hi , I've recently split from my partner after 23 years. we have 3 children 20, 9 and 12. the split has been fairly amicable however there is a mortgage and loan tied to the house which will prevent me buying my own home and starting again. I will at some point need to have my name removed from this debt and this will cause problems. Currently I pay these bills totalling approximately £900 a month. the split was down to her family basically turning her against me. I do not want a penny of the equity approx 80k just my name removed so I can start to rebuild. As she only works part time it's extremely unlikely she will get the loan needed to remortgage which may result in me insisting on the property being sold. As this will cause problems I want to formalise a joint custody arrangement prior so I won't have acsess to my kids removed when the problem arises. even though I can see them when I want without a permanent home I can't have them stay overnight. additionally I I can't build my new family home without reducing some of the current financial burden I carry. i understand she will not be able to support the house without my money but as we will be sharing residency I don't see that as my problem.

how do I go about formalising a shared residency agreement ?

thanks in advance
ChildSupportLaws Editor 31/07/2018 at 2:00 pm
If you are concerned about your ex taking your child out of the country without consent you can apply for a Prohibited Steps Order through court. A 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 child 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 child. However, if you wish to apply for a residency order (which determines with who your child should live) you would have to apply to court via which
Crystal 30/07/2018 at 7:37 pm
Hi I just need some advise I have a 3year old daughter who used to see her dad weekends his left me no choice but to stop it as his threaten not to bring her back to me for the second time and failed to pay for her in July but didn't bother contacting csa to let them know his lost his job b apparently his got no fone and the address they have he does no longer live there. I was meant to go away with my daughter abroad for a couple weeks to see my family her passport was missing turns out her dad took it which he also admitted to so that worried me why he would take her passport. And his being racist aswel which I think is so wrong as his daughter is not fully English. I've tried to set somthing up with him but his always messing it up and he was suppose to get somthing set in place which I thought he was doing turns out his not. I don't know what his plans are and I'm worried due to him taking her passport aswel I don't trust him at all. I have a non-molestation order on him and I'm not sure what my oppositions are now I would like to have full custody over my child because I'm worried his just going to mess it all up again and that his prob not gonna actually sort anything I would like to do this for my child so she can still see her dad but I want it somthing to say that she lives with her mum and has to be returned to her mum by set days and times. Please can somone let me know how to go about all this coz I've tried over and over again and it's my daughter that's always being messed about I just want somthing set in place for once and for all. What are my oppositions please
ChildSupportLaws Editor 26/07/2018 at 2:43 pm
I am sorry to hear this and you and your husband must be understandably concerned. In the first instance, it is better to work alongside the recommendations of social workers whilst also keeping a close eye on and monitoring the children yourselves when you have regular access. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. In cases such as yours, social services will attempt to work with the parents towards being better parents, but should another incidence occur of a similar nature then your husband (if he has parental responsibility) can step in and keep the children until the court can resolve the matter. However, your husband may like to seek legal advice.
Missy 24/07/2018 at 9:58 pm
Looking to see when my husband stands. He has 2 kids from previous relationship and has regular weekend access and holiday access. Over this holiday access we discovered kids home.life with mum is not as great as we would expect and have had social services involved. Today we have children back to their mum after social work finished investigating the children's claims. Whilst they are back with mum social work still plan to visit and monitor the children and also teach their mum and her partner about better ways to chastise the children as they reported being hit by both mum.and her bf. Social decided it was a disapline technique and are monitoring. We are against any hitting of the children and we have asked our lawyer to firstly make mum aware we do not want her boyfriend around the children given he slapped the children in the face (police decided not to take this further). We are also not overly happy with the way their mum is parenting and are trying to decide if we would be in a position to got for residency. The issue is we live over an hour away there for it would involve relocating the children and unsure if this is something the court would grant. Any advise on our position?
ChildSupportLaws Editor 20/07/2018 at 9:58 am
As the children are older, then their wishes will be taken into consideration, yes. However, if your children have a settled life, then the court are always reluctant to remove the children from one parent to another unless necessary. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order.
SingleMum 19/07/2018 at 4:26 am
Hi,
I was wondering if you could give me advice regarding my children wishes to live with me instead of their dad. We are currently in dispute on where our children should live. They have experienced and chance to love with their dad but all 4 has been unhappy, they spend their time with me on weekends, sometimes during weekdays and holidays. My circumstances have changed and I’m now able to provide them with more comfortable living space. They have also expressed their wishes to come and live with me as they have never had the right parental support with their dad. The issue is that my ex would not accept the girls wishes and still insisting that it would be best for the children (12,14,17yrs old) to stay with him. We are also currently in dispute regarding the property we shared when we were together. Unfortunately I believe that he is using the children to protect him from being ordered to sell the property point so he could buy me out.
Will the childrens wish be considered when deciding where they should live?

Many thanks
unknown 27/06/2018 at 11:52 am
Hi I have just got out of a domestic violent relationship and I don't feel he has the mental or emotional capacity to look after our child as he has always puts his needs first before our child's and never thinks on how situation are going to affect our son just yesterday he reported me for bruises every child get while playing he didn't do this out of concern just to purely get to me and my son had to be woken up in middle of the night I had to undress him and watching my son's confusion on his face was horrible and he would make remarked on him having food in his hair when that's what a child's of nearly 2 years old does they get messing especially when they are eating. He hasn't been arrested yet for my report and he was asking to see our son I said let's wait until your arrested because if our son is there when his dad is been in arrested in wouldn't been nice for him to see and that he would be left alone with people he hardly knows and that will upset him more my ex didn't understand this and didn't care he just wanted to see his son because that is more important than our son being upset. In the relationship he would claim to hear voices telling him to put knives towards me and strangle me and bash me head of a floor he made these voice up i know because he said i can turn them on and off but if you hear voice you hear them weither you like it or not he was using them as an excuse to get away with his aggrestive behaviour and his controling behavouir he has fits and he also thinks that it is funny to tell lies to get what he wants and he finds it funny that he can manipulate people claims to not trust me with our son he said while we were together and after were I have serious concerns about our son being with his farther advice please
ChildSupportLaws Editor 26/06/2018 at 11:52 am
Your only recourse to sort out access is via whichYour ex is not obliged to pay nursery fees (you would have to agree this between you), but he is legally obliged to pay child maintenance.
Csuk 25/06/2018 at 7:09 pm
I’m getting divorced we have a 12 month old girl. A year into living together he said he does not have money, inhave another daughter from my first marriage. He promised to take care of me and daughter and he was lucky at 54 to have a family. I’m 41. I was scared but believed him. I earn good money but have loads of debt from my first divorce. I moved back to my parents. We said he can have her Thursdays and Fridays. Now he is demanding Wednesday and bring her back Saturday. He lives in another city now. The baby cries whenever I leave the room and will not go to anyone else since this started. He is arrogant and damaged my eldest one. We agreed he will pay around 440 for nursery which he now makes threats he will not. How can I get full custody? Him and his sisters are playing happy families whereas I risked my mental ability post natal depression. Advice please
ChildSupportLaws Editor 25/06/2018 at 12:13 pm
Court is the only option if your mother refuses to do anything about the matter. You don't say how old you are - but if you are over 18, you may be able to apply to court. You would have to seek legal advice regarding this matter. The Citizens Advice Bureau may be able to offer some free legal advice.
Abbie 24/06/2018 at 5:30 pm
I’m hoping to get some advice on where I stand regarding access/contact with my younger sister. My mother and her boyfriend had a difficult relationship in which I believe he was emotionally abusive towards her. Their relationship eventually broke down and she left him which he was not happy about. They shared custody over my sister, who was 4 at the time, but this arrangement also broke down and they went through mediation where it was agreed they would share custody of her. Sadly after mediated my mother let him take her to live with him and we haven’t seen her since. He does not answer our messages or make any attempt to contact us even though we’ve tried on numerous occasions to contact him. My mother for some reason unbeknown to myself and other sisters will not go back to court or challenge him for her rights to my sister. It’s now been 4 more years and we haven’t seen her in all this time. It is heartbreaking for us to know that she lives close by but we are unable to be part of her life. She now has a niece and nephew that she has never met. She is the youngest of 5 sisters who are desperate to see her and I need some advice on what to do regarding obtaining contact.
Thank you.
ChildSupportLaws Editor 22/06/2018 at 2:43 pm
We cannot anticipate what a court may decide. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
nissy 22/06/2018 at 12:03 am
I have had my son living with me from birth , myself and partner were not married , my son was born in 2004 , i had a terrible time when i was with my partner and also when we split up when my son was 8 weeks old , he has continously took me to court to try to get residency (custody) , he had a nasty streak about him to which everyone who knows him is almost scared of , when i came out of womens refuge after 13 months i felt so confident that myself and my son were going to be fine , get on with life and enjoy it , howerver it was very different the worst i feared happened my ex partner continued to harras us break into our home smash things up , hit me and have my son upset with lots of noise chaos , domestic abuse was not as big as it is now and i did not know i got help after i was in refuge , my sons father was still on bale conditions i understand and was not aloud near us yet still was only taken away and nothing ever happened , he broke my car outside he broke off my indicators both sides and mirrors and i could not take my son to nursery for few days as he was challenging as it was , and to walk it was quite a distance for my son , also he smashed the only tv we had in outlr house which he new our son watched his favourite programs on ccbeebies , he had drove up to klmy home drunk also but at the time i did not know because i could not see his car round the corner from my home , it was the next morning itl would be sitting there and because he had not been for it yet if i had known i would have told the police after all he was planning and demanding to take my son , he had access to our son on a saturday once a week which him himself took me to court for after he was getting access it has never stopped i wouldnt do that due to the fact i never seen my own father for over 18 years , so he was granted access from the judge from friday to monday every second weekend then he took me back to court to get it then vlcut back down to a saturday and beholed he got this , i was shocked at the court system i really was the fact he could do as he pleases and use the power of the courts to do so without parental rights etc , so my son got older more challenging and suddely started being violent towards myself to a point i could not control him , he was so violentowards me and refusing to go to school , he was also diagnosed with adhd the same week he was taken into care , and now after two years he is ready to come home and the whole childrens hearing has been turned into a custody battle by my sons father now he has lied about me the whole time he has manipulated my son and social workers and has my son , please help
Nat88 Editor 22/06/2018 at 1:57 pm
@S - I'd write to the court and request a copy of the document.
S 21/06/2018 at 9:00 pm
Hi I have been divorced from my ex and have a decree absolute in 2014. My son who is 6 years old lives with me with no contact with his dad for the last 5 years as we separated due to domestic violence on child and myself and the father lives in another country.

My divorce application mentioned that my son will live with me and my ex didn’t contest this. I am worried that I don’t have a legal document which mentioned that I have custody. Also in case his father tracks us and takes him away from his school . Could you please advise what I should do.
ChildSupportLaws Editor 21/06/2018 at 2:47 pm
You already have 'sole' custody of your child by the very nature of your ex's criminal record. However, if you wish to apply for an official child arrangement order you would have to apply to court
ChildSupportLaws Editor 21/06/2018 at 12:03 pm
Unfortunately, your only recourse is to suggest mediation or if she refuses take the matter to court, which will explain more.
Kat 20/06/2018 at 10:56 pm
Looking for some advice if possible. I was in a relationship which I thought was great we had a child together perfect then when my child was exactly a month old my now ex partner was arrested for assaulting his step daughter for many years to which I was in aware off. He is in prison till 2022 then no contact till 18yrs old I have been through hell and back and wasn't sure if there is a case for me to get sole custody of my child
Disappointed 20/06/2018 at 7:34 pm
I've been broke up with my partner for 4 months now after a 9 year relationship, we have a 6 year old boy together. In the beginning we agreed to half all assets and to half all debts, as the 4 months have gone she has become increasingly unreasonable. She had started seeing another man about 4 weeks after the split and began to go back on agreements, not paying any of he debts as they were in my name and keeping holiday savings which were in her name. She then disagreed with the 50/50 split of the house, trying to give me far less. The new man has been staying in the house a few nights a week when my son is there and i still don't know who he is. She has now mentioned she is going to book a holiday abroad at the end of the year, which caused me to question were the money was coming from if she "in her words" can't afford the debt, not to mention the half foot tattoo that's appeared on her back which aren't cheap. Because of my outburst I've now been threatened never to see my son again. Although I'm struggling financially and living at parents to control this disaster, the final straw has been being threatened with my son. I currently have him 3 days a week, which are the days she works (babysitter) i have no custody agreement as a Dad and she constantly changes her shifts to suit her so she takes him off me on the agreed day. I also work 4 on 4 off so my shifts move around in the week and my Mam babysits if my shift lands on her days at work. Complicated. How can i stop her threatening me with no contact?
Cl77 20/06/2018 at 8:53 am
Being manipulated to bed back with my ex. He won't talk and out or see his son. I sent him pictures on fathersday being adult and he said he didn't want any pictures. I have decided abuse and constant controlling behaviour towards me. We can not talk about acess because he won't do anything buy row. I have a mental health condition that he tries to use against me. Even tho I've had full custody of my eldest son for 15 years. He is unpredictable and I don't trust him alone with the baby. After I found him shaking him. I didn't invoke the police because me manipated me into thinking it was a mistake. I was to scared to talk but eventually I did with my mental health team to log it. My family and 2 friends now to. I. Worried he will get visitation. My baby was premature and it still very needy to which he has no interest. How can I get full custody as he is on the birth certificate. His family show no interest in the baby either. So I would rather cut ties and aloud my kids to be brought up not around drama of a man who only wants conflict. We are not married
ChildSupportLaws Editor 19/06/2018 at 3:00 pm
It is highly unlikely your child's father will be granted shared care.
S246 18/06/2018 at 10:52 pm
I have been split from my ex since 2011 when he assaulted me. He see's our 7 year old son once a month sometimes a little more depending on if he has plans. He has always seen him when and if it suits him and was forced to pay maintenance when I went to CSA back last year. However he is on the birth certificate. He is due to have a baby this year and is now trying to play the perfect father threatening to take me to court for shared custody. I'm really worried he may get this? He's never been there through anything important in his life and expects me and our sons step dad to do all the running around.
ChildSupportLaws Editor 18/06/2018 at 12:43 pm
If you are in receipt of child benefit, then you are deemed the primary carer of your child. Unless there is an issue and your ex wishes to try to claim residency of your child, then you are the person with 'sole custody'. Likewise, if your ex tried to take the matter to court to claim your child, then it would be highly unlikely for your ex to be awarded residency. It is rare a court would rule to change the home and primary carer of a child unless absolutely necessary.
ChildSupportLaws Editor 18/06/2018 at 12:17 pm
whichshould help answer your question. Your brother may wish to seek legal advice to see whether he has a case.
ConcernedSis 16/06/2018 at 2:16 pm
My sister-in-law was arrested and charged with assaulting my brother last week, she’s an alcoholic and often hits him - this has been going on for a few years now. They have 5yr and 3yr old boys and my brother wants to file for divorce and seek full custody of the family home and boys - is this possible? Note that she’s never hit the boys and when sober she’s a great mum - all the problems come from drinking...
Rache 16/06/2018 at 10:03 am
My wife and I split up in August 2016, by September 16 I changed my gender from male to female which is still ongoing, so I am a transgender parent. However, when my wife left the family home our son chose to stay with me which he has been happily residing ever since. In that time, almost two years, she sees him about once a month (she now lives about an hour away ) and he has never spent a night away with her or gone on holiday with her and her new partner (family ). This is all by my son's choosing.
What I am asking, do I have the right to claim sole custody ? I have over this time been responsible for the decision making, financially, educationally, and in general. She does pay maintenance on time and we haven't yet started divorce procedures.
Thank you.
ChildSupportLaws Editor 15/06/2018 at 2:18 pm
A court would never give a child over to another parent unless absolutely necessary. It is highly unlikely your son would be awarded full-residency of the child on the basis of moving nearer, unless there was a significant welfare/safeguarding issue and social services were involved.
Nanna 14/06/2018 at 11:03 pm
My son and his ex have joint custody over their 9 yr old son.... my son currently still lives at home with me and his girlfriend of nearly 3yrs. They are looking to either rent or buy very soon. However the girlfriend has suggested that they move an hour and a half away to be nearer to her family... and then get full custody of the lad. The ex has twin boys by a guy and is expecting twins by a new boyfriend. She is a caring albeit very busy mum... and deeply cares for all her brood. She would be devastated if she lost joint custody. Also me and my husband are very close to the lad and are worried what effect this would have on our relationship with him
ChildSupportLaws Editor 14/06/2018 at 12:47 pm
Unless it is absolutely necessary, a court will not take a child from one parent and hand the child to another parent. The reason has to be proved, justified and significant.
ChildSupportLaws Editor 14/06/2018 at 9:22 am
I can only say to you, as in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Cafcass will get involved t’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 court wish for parents to decide through mediation, with court always seen as the last resort. However, if you feel that your ex should not have unsupervised access to your child and he is on bail for assualt, then all the evidence you can provide in support of this should go in your favour if an application is made.
Dm82 13/06/2018 at 12:09 am
Hi I'm worried sick and just need some reassurance please. My now ex was arrested for assault by beating me (actually strangling but classed as beating) witnessed by our 4 year old. He is in court in August. As explained to the police it was the 9th assault and I'd been suffering emotionally and physically for years, he had never physically hurt our daughter but had started emotional abuse. He never lived with us and I never ever left him alone with her and I always intervened if he started being horrible to her, and then took abuse myself. I have page's and pages i'v written of things he's said and done /his behaviors towards her (not mentioning abuse suffered by myself as I believe that's separate in a family court?)... But examples of how he's never parented her, just controlled..the first incident she was 4 months old and I was punched unconscious whilst I was holding her for trying to discuss money as my maternity pay was due to end.... From that day on I never trusted him with her, tried split up with him giving that as the reason,, but he could obviously be nice too and made me feel I needed him, made me feel worthless etc. Now he was making our daughter feel that too.
He seems to be charming social services as they've told me they won't help with contact and it would have to be done between us or solicitors after the trial in August.
Im terrified a court would allow him unsupervised access /have her at his house where he lives with his controlling abusive mother (he's 49, she s 68). How likely is it please that a court would allow him to have her any length of time unsupervised? No application has been made yet, I'm just panicking already and gathering as much evidence as I can eg 4 years of Facebook messages I'd sent to a couple of friends after each incident...
Two witnesses have come forward to give evidence about seeing him attack me on the street on a separate occasion to the arrest...
I need to add, he never even spent an entire day and night at my house he would come and go when it suited him, turn up for an hour then turn his phone off and not even ask about her in days into weeks,and that was the norm for years the most recent event he didn't see her in 3 weeks including over her birthday, no card, no call, no visit, no present.. She asked why daddy didn't like her, it was heartbreaking. I'v only briefly outlined what went on, the emotional damage hes had on her is awful and she was referred for counselling... At age 4...
Im doing all I can to protect her, she's had no contact in 8 weeks due to bail, but the three weeks prior to the incident she saw him twice one of which the assault occurred) and is now saying she's scared daddy will hurt her like he hurt mummy and doesn't want to see him.. I would be fine with supervised contact in a contact centre etc to keep a relationship between them... As like I said there were good times too.. But he was like two different people...... but absolutely no way do
ChildSupportLaws Editor 11/06/2018 at 1:53 pm
Generally, the parent who looks after the children full-time as the day-to-day primary carer is the parent who assumes residency of the child after separation. The courts favour consistency and stability and if you offer your child this the court (should the courts get involved) will continue to allow you to be the primary carer of your child. Your ex being the non-resident parent, is responsible for paying a percentage of his earnings as child maintenance to you to help you in the day-to-day care of your child.
ChildSupportLaws Editor 11/06/2018 at 1:41 pm
If both parents have Parental Responsibility, then both parents have equal rights in being allowed to care for their child. Unless your ex has a residency order already in place through the courts, then if you refuse to hand your child back there is nothing your ex can do except to apply to court. If she gets the police involved where there is an issue of two parents having parental responsibility, the police will not intervene to return your daughter back to her mother. If the matter goes to court, then your daughter at age 13 can have a say. However, as in any family law court case, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. In cases such as this, mediation may be an option to consider in order to come to an agreement mutually regarding where your daughter should live. However, in general terms you have just as much right as the mother to parent your child, especially if your daughter is currently living with you.
N 11/06/2018 at 1:46 am
I have just recently split up with my partner of 5years. We are not married but have. Lived together in my mother's home for just over 2years and have a 2year old daughter together. He moved out and threatened alot of things against me including going for full custody. I am wondering if I have more rights than him as I look after our child 24/7 as giving up working to have my child under my partners advice. He pays for a lot of thing as well as we get some benefits. He hasn't really cared for our child since they were born. He is threatening to take her away from me to move away and saying I will never see her again due to him being granted full custody on the basis he works and has more income than me and less to pay than me. I am wondering if the fact he has a. Job would affect me having my daughter full time.?
paul 10/06/2018 at 10:28 pm
Hi,
I have two children with my ex, 13 and 9 year old girls.
Two weeks ago my ex wife told the eldest girl she had to leave and live at mine over a disagreement they had had, a couple of days later she was also told to collect her clothes.
Now my ex wife had said the girl has to come home by Wednesday (to hers).
The child has told her mum and myself that she wants to stay with me.
I have told my ex wife I think that this is unfair on the child's mental wellfair but she insists that she is coming to collect her.

What are mine and the child's rights in connection with this?
ChildSupportLaws Editor 08/06/2018 at 2:25 pm
A court is highly unlikely to award your ex every weekend. The general access arrangement is every other weekend overnight and one evening overnight/ or not overnight mid-week. You don't have to agree to your ex's terms. Mediation may be an option for you to consider.
Kitstar 07/06/2018 at 10:45 pm
Hi there,
My ex and I have no formal custody agreement in place but he signed a handwritten agreement to take our children every Wednesday and Thursday. Hes lucky to have a job that will let him specify to have these days off, however He has had them once so far but has now decided that he doesn't want to have set days and should be able to take them on different days of the week depending on his social life, is he allowed to do that? He says if I complain or go through court he'll just ask for every weekend and claim he has no choice due to shifts but then I would have no free time with them as I work during the week. Thanks for your time.
ChildSupportLaws Editor 07/06/2018 at 10:45 am
Child maintenance and child access are not connected. Both should be dealt with separately. If CMS or the child maintenance calculator says you should be paying £65 per week, then you are under no obligation to pay your ex more. If your ex withholds access, then , which shows you the process you should go through which is suggesting mediation first and if your ex won't agree to attend, you would have to apply to court. A solicitor's letter outlining your rights as a father first, may also help re-instate access.
Ash 06/06/2018 at 1:19 pm
Hi, my girlfriend left me 4 weeks ago with my son who is 8 months old. We are in contact only by text and she has allowed me to see my son on a Saturday and Sunday for 6 hours a day. I work and have been paying her child maintenance of £66 per week which is the correct amount from the wage I get. She is now saying that if I don't pay her £85 a week I will not be able to see my son. Can you please tell me what my rights are as I'm desperate to keep my parental responsibilities up and want my son to see me as much as possible. My name is on the birth certificate and he has my name. Thank you.
ChildSupportLaws Editor 05/06/2018 at 11:41 am
If your partner won't consent to mediation then you would have to apply to court for a child arrnagement order which will determine where both you and your children should live. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
1988 02/06/2018 at 11:37 pm
Me and my partner recently split I was visiting family with both kids when this happened he won't allow me to return to the property even though my name is on the mortgage and all our belongings are there, I have tried to be civil with him and talk to him with no luck I have ask for our children's things so they can be comfortable as we only fetched enough things for a few day still no I have tried reasoning saying I don't want everything just half as they will need things when they go back to his I have always said I will never stop him from seeing the children, I will have to relocate back near my parents for support which is a couple of hours away and try start again where would I stand in taking kids with me and custody and getting our belongings
FD Editor 21/05/2018 at 2:33 pm
@Ryan - you would need proof that this was happening, so really social services would have to be involved first. The school would have to back you up to. Otherwise, if you can't prove it, then the court won't act. Your best option is to volunteer to care for your daughter more so that you have an input into her life.
Ryan 18/05/2018 at 11:51 pm
Hi. Me and my daughter's mother split not long after our daughter was born. There has always been random people in and out of the house and mild drinking most nights but I let it go as the mother always made sure my daughter was in school and at the time teaching her right from wrong. Now the mild drinking has gone to heavy drinking and drugs and my daughter goes to school probably 2 or 3 times a week. The random people are still there but stay for days on end rather than a late night. Also the teaching her right from wrong has gone as well. She is 9 years old and swears more than most adults. We both have parental responsibility. Except for my daughter's attendance I don't know how else to provide evidence of these things. How would this stand in court?
ChildSupportLaws Editor 17/05/2018 at 3:39 pm
If both parents have Parental Responsibility and one parent is keeping the children against the other's wishes, the police cannot help, even if the children do not normally live with them. However, if the parent does not have PR, the police will be able to intervene. If both parents have PR then the police cannot intervene to take the child off one parent and give them to the other as the police cannot choose between parents, that is the remit of the courts. In usual cases, the children will be returned to the day-to-day primary carer. It can backfire on the parent who has taken the children without consent as all trust will be gone. The courts do not condone this sort of action unless absolutely necessary. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order.
charlie 17/05/2018 at 12:30 pm
Can a father who has not spent much time with children (4&2) take them from mother who has been primary carer? He is claiming mother is psychopath and been abusive to him. Mother is not a psychopath but does have a history of mental ill health from 10-15 years ago (depression, bulimia and self harm). No mental health issues in past 10 years apart from mild post natal depression. Father has shown neglect to kids and aggression to their toys and family members. Although mother has no evidence of most of his aggression. It will be one person vs other. Mum wants what is in best interests for kids which is not being with father. How is this decided and if father takes kids can mother do anything?
ChildSupportLaws Editor 15/05/2018 at 11:51 am
Child maintenance and child access are two separate issues and not dependent on one another. By law, your child's father (if he is earning) is required to pay child maintenance regardless of whether he sees his child or not. You can either apply for a residency order, or wait to see if he decides to take the matter to court.
LSM 14/05/2018 at 7:18 pm
I am a domestic violence survivor and there is a restraining order preventing my ex husband contacting me. After the 5th breach of this order I decided he was becoming too dangerous and out of control so my solicitor sent a letter to say he could only see my son in a contact centre (as advised by MARAC). He has not seen him once in 7 months and has never payed a single penny maintenance. I wonder where I go from here? Should I apply for a residency order or should I just carry on doing what I am doing? I have no interest in him seeing my child as he cannot offer him anything but aggression.

thanks
ChildSupportLaws Editor 14/05/2018 at 12:48 pm
If your ex does not see the children currently, then you do not have to grant access if he asks. Mediation is the next option to consider if your ex wishes to see his children and you both cannot agree.
Rosecolouredgirl 12/05/2018 at 10:56 pm
Hi, I have four children, aged 8, 11, 12 and 15. I split with my Husband 10 months ago after being together for 17 years. My ex was quite possessive, jealous and had a tendancy to lose his temper and become violent. The police have been involved several times (once they were called by my 15 year old as he followed her to school shouting abuse) None of the children have seen him due to his aggressive mood swings for months and I'm happy with this as I have a strong suspicion that he is taking drugs and would fear for their welfare and safety. I'm petrified that if something was to happen to me, he would get custody.... Is there anything I can do? Would the children get a say in this?
EJ 12/05/2018 at 5:19 pm
Hi. I have split with my ex after 17 years together and 2 children 4&2. He is suffering from psychosis and has attempted suicide several times. I feel he is a danger to himself and possibly myself and the kids. The kids are with me and he is with his parents. He has only seen them 3 times in the past year and doesn't pay any money towards them. Can I legally gain "full custody " where I don't have to consult him with decisions on the children as his mental illness could impair his judgement on situations.
Thanks
ChildSupportLaws Editor 11/05/2018 at 11:34 am
Regardless of the situation that you have explained, it is rare a court will take the children from one parent and hand them over to another, unless there is very good reason. Much depends upon the circumstances surrounding your ex's new partner and what level of access he has to your children. You would be best to seek legal advice regarding this as it would have to go to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Ben 11/05/2018 at 9:48 am
Hi. My wife and I have recently separated. We have two children. The house we lived in altogether is a council rented property. My wife has just started another relationship a few days after separating from me. This other person already has two very young children with a different partner. I am very worried the damage that this will/may do to my children. I want to have custody of my kids but do not want to exclude there mother. At the moment it is me who has to move out as I think that would be best. Now after the start of this new relationship I realise I am making all of sacrifices. What can I do?
ChildSupportLaws Editor 10/05/2018 at 2:02 pm
By default, you already have full custody if the court has decided your ex is not allowed to see the children. However, if you wish to apply for a court order to request this is as a permanent arrangement, then you can apply to become the resident carer officially through the courts.
ChildSupportLaws Editor 10/05/2018 at 12:20 pm
Yes, the father or you can challenge this through the courts if neither of you can agree between you or via mediation. 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 you and your ex-partner cannot agree on, such as taking the child abroad. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws Editor 10/05/2018 at 12:07 pm
I can only direct you to the child arrangement order process whichIt includes the process your partner would have to go through if his ex will not agree mutually or via mediation. The children will be allowed a say if the matter goes to court. Your partner would have a better chance of being granted shared-care if he has had shared-care to date. A court will generally not change a usual routine unless necessary. However, if the normal routine has been that your partner looks after his kids equally, then the court is more likely to opt to continue this arrangement. Unless your partner's ex has good reason for not allowing the kids to visit when you are there, then the court is likely to decide in favour of your partner and allow visitation to continue regardless of whether you are there or not. If a court order is put in place, your ex's partner would have to keep to it by order of the court.
Tim 10/05/2018 at 3:46 am
QUESTION: ME and wife split 14 months ago and she has now moved on with her new partner. I have major concerns now over the welfare of my 2 daughters and am seeking custody of them for the following reasons. I have since found out that her current boyfriend has convictions for social and domestic violence and assault and also a history of heavy drinking and cocaine use. she is fully aware of this and still wonders why I have major concerns. She has in my opinion been taken in by his reasons that he was fitted up and he's nothing like how he's been potraid. How do I stand in a court of law with going for custody of my children
Kat 09/05/2018 at 8:49 pm
Hi me and my partner split after a very volatile relationship. My ex hasn’t been allowed to see me or the two children for over a year and is waiting to get sentenced for it.
My question is can I go for full custody? How do I start the proceedings? And what would be the outcome
Thanks
Kristi 09/05/2018 at 6:55 pm
Hello. I have 4,8 years old son. I what to take him back to my Country for summer holidays. I planig to leave him there with my family from June to August. My family more than happy to have him and in the same time i can save some money for childcare when I be working. Well my ex don’t like the Idea because of the long time the son will stay in another country. And he’s saying that he can’t give support for childcare in summer time. Normally he seeing the son every weekend. We don’t have any legal agreement about spending the time with son. Can he challenge me and stop me from taking my son for the long holidays? Thank you
Lexi4965 09/05/2018 at 11:12 am
Hello my partner and his wife are going through a seperation she is making it very difficult for him to see the kids. She has gone to the lawyer and said the kids don't want to come round because I'm there but the kid asked me to come to there party (I wasn't intending to because I didn't want to cause any hassle) can he apply for joint custody so she can't decided when and where he gets the kids? Also if he gets joint custody and then one child doesn't want to stay with him can they decied? One is 13 and the other is 10
Leggy 06/05/2018 at 4:36 pm
Hi
Me and my sons father split 2 years ago, my son is 4 and I’m currently out of work, my son sees his father every second weekend but I am suffering from severe anxiety and depression and I think it would be in my sons best interest to stay with his father full time. Is this possible
ChildSupportLaws Editor 03/05/2018 at 11:03 am
Unfortunately, there is little you can do until your child is born. You would have to seek legal advice, as much depends upon the extent of your partner's illness and how extreme it is. Obviously, it is difficult to comment as 'mental health issues' is a broad term and has different levels of severity. Many mothers with mental health issues make loving and caring parents.
Lab 02/05/2018 at 11:01 am
Hi, my partner and I are pregnant but it's a toxic relationship that we are trying very hard to fix. My partner suffers from severe mental health issues which is having a negative effect on us and likely the child she is growing.
What are my options at this point? It's looking like I am going to have to go for custody. Is there something I can put in place for when baby is born?
ChildSupportLaws Editor 01/05/2018 at 11:00 am
Your partner can challenge this through the courts via a child arrangement order, If the arrangement has been in place for the past two years, then it is likely the court will try to make sure this continues. You don't say what reasons his ex has given to change the arrangement. However, his ex would have to have a very good reason to convince the court that it is not in the children's best interests for shared-care to continue. In the first instance, a solicitor's letter from your partner to his ex stating that if his ex reduces the shared-care arrangement, he will take the matter to court may work.
Kelvin 01/05/2018 at 10:29 am
My 6 year old daughter lives with her mother in England, I currently live in the USA. We have a made a decision for my daughter to reside with me in the USA for 12 months, how do we legally change residency over to myself/what forms (if any) need to be filled out to make it official?
Parent 01/05/2018 at 7:13 am
The fathers 3 year old child has recently moved away to live with his parents. He doesn’t work or pay any maintanance and it was his decision to move. The distance is a 240 mile round trip taking 4 hours. There is no issue with access to the child but the father is asking to pick up only and not drop off. He states it’s down to the mother to arrange collection or drop off implying if you cant then he would not make the effort to return the child. The father doesn’t drive so relies on parents and the mother doesn’t own transport but can access a car. What are the rights around this issue?
Rainbow 30/04/2018 at 5:26 pm
My partner has a 50:50 shared care agreement with his ex. We have recently got engaged and for the last 4 months there have been a number of issues that have arisen. My partner’s ex has recently sent a lawyers letter outlining that she wants the agreement changed so that she has more time with the children and my partner looses time. There have been no reasons on my partner’s side why this should happen. What can we do to try and keep the existing agreement that has been in place for the last 2 years?
ChildSupportLaws Editor 30/04/2018 at 3:45 pm
You can make a provision in your will. However, should your ex challenge this, the matter would be referred to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws Editor 30/04/2018 at 12:53 pm
, which will tell you all you need to know.
Chin 29/04/2018 at 6:56 pm
Also to add to that, if one family member of either parties who lives with them is medically diagnosed with mental illness and has been detained twice in two years in an institution, would affect the decision if ever a court order is needed?
Chin 29/04/2018 at 6:51 pm
Hi there. I would like to apply for full custody with visitation rights from my kid's dad. He has a partner that recently lived with him with a kid. What are the grounds that can affect or make this possible?
Kixmama 27/04/2018 at 8:21 pm
What happens if we have joint custody, but i die. Can I nominate a family member to have custody in my place? Can I put this stipulation in my will. Would my family member be able to fight for custody in a court?
Kipple 27/04/2018 at 8:02 pm
We got 50/50 residence order through court I have her every other wed thru to mind and she has just told me she's moving to another town it's only 14mile away .. but she due to start secondary school and has been placed in a good academic school with above average rating.. And she wants to take her from that school and put her in one that's rated below average .. just so she can move with her new bloke ..but our daughter wants to go to the school she's already been accepted in.. can I stop her changing her school having 50/50 residency thanks
ChildSupportLaws Editor 27/04/2018 at 3:08 pm
If Social Services have been involved with regards to your ex's drug addiction and it is deemed questionable that she can look after your child, then you would stand a chance of gaining residency of your child. However, if your ex's drug addiction is your perception of her life and nothing has been proved, then a court will not take a child from one parent and hand the child over to the other unless there is a very good reason. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Consistency and stability are considered most important. Therefore, there has to be provable justification to move a child from their resident parent's care.
Thomas 26/04/2018 at 10:51 pm
I need full custody of my son but how likely is it that that can happen. Taking into account my sons mother is a drug addict who is incapable of being a parent. I’m seriously concerned about my child’s safety and childhood and know he would be a hundred percent better off with me, he deserves a life out of all that and shouldn’t be seeing the things he’s likely seeing.
ChildSupportLaws Editor 26/04/2018 at 1:56 pm
It's rare that a court will hand a child to another parent, unless absolutely necessary. The upbringing of your stepson may not be ideal, but unless there was a very good and provable reason why the child should be removed from the caring parent then the court is unlikely to act. If there has been no incident for three years, then the court may have no reason to push to make any changes. In addition, if your husband only has limited access, then the court will decide upon what is in the child's best interests and stability and consistency are important. Even though you may feel the child's life is not stable, to remove him from his mother and hand him to the other parent would cause even more instability for the child. Your husband may wish to seek legal advice if he feels he has a case.
D 24/04/2018 at 7:37 pm
My husband and I would like to get main residencial custody of my stepson. His mother has had violent relationships in the past and issues with depression that caused child neglect (social services were involved both times) 3 years since the last major incident. He is failing at school because she doesn't invest any time into his education, he has tummy issues through suspected poor diet, he is in the care of a childminder most of the week, he is not shielded from any of her adult problems as he should be, and has very little in terms of family or social network from her side for support. She is financially unstable and very volatile which results in her regularly deciding to make contact difficult for us which my 6 year old stepson also finds difficult. We have a stable family home, lots of family support, stable finances and his little sister is due to be born soon too. I know we can give him so much more and put him in a better school. We have kept a log of everything we have done with/for him and every issue we have seen from her side including messages, photos, and logs of conversations with school. How much chance do you think we would have of winning full residential custody? At the moment she only let's us see him fortnightly and we sometimes have to fight for even that. We want her to have regular contact at weekends and holidays but due to the distance, joint custody is not an option. It would mean his main home changing to ours instead of hers and a change in school too. Any advice would be hugely appreciated.
ChildSupportLaws Editor 24/04/2018 at 3:17 pm
If your question is relating to asking for child residency of your children, this is highly unlikely unless there is a very good reason such as proven neglect or abuse. The court will not punish your ex by giving you residency of your children for being unfaithful. Neither will a court hand over children from one parent to another for no reason (it places stability and consistency as being of high importance). You can only gain PR of your eldest, if your ex agrees. However, you may be able to gain access through the courts if you have brought the child up and you have been consistent in your eldest's life. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws Editor 24/04/2018 at 12:55 pm
As long as there is no court order to say the father has to see your child, you can refuse access on the basis of his previous track record and inconsistency (which is having an effect on your daughter). If your ex wishes to challenge this, then he can suggest mediation or (if you refuse to attend mediation) he can apply to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Ks 24/04/2018 at 7:35 am
In need of advice im a father to 2/3 children the third i have helped raise since he was 2 now 12 i have asked for pr for the eldest since seperating from his mother for 2 yrs his real farther has agreed yet she has not. The other two children spend 3/7nights with me plus i have a few hours on tues and thurs. My ex gets very spitful that i have a new partner whch the kids enjoy being around and have since been staying with me and my partner in my tme wth the kids. How ever when we seperated i was forced out of the home due to the army. Reason for the seperationg was that she cheated on me. Had i nt been in the army quarter i would of just booted her out the house and i would have residency would i have a chance in court to get the residency. I velieve i can offer the kost to the children. The ex is always complaining that she doesnt get enough money off my for the three children even tho i pay double what csa require me to pay. Just Need some direction on what i can do.
Hannah 23/04/2018 at 10:14 pm
How would I go about getting full custody of my child? Her dad chose to leave,
We arranged he can see her whenever he likes.. but he doesn’t show up we sit in all day waiting and my daughter crying at the window for him, he chose his new girlfriend over her so many times and brakes promises to her, her behaviour gets much worse when she has contact with him.
He has mental issues and criminal record along with assaulting me infront of her..
my daughter will cry if he comes near me now. She screams for me when she goes with him... him and his family have a drug issue.
ChildSupportLaws Editor 20/04/2018 at 2:37 pm
There is no rule book to parenting and therefore it is difficult to say whether your son will be affected by the arrangement or not. Kids are pretty flexible and if they know they are loved by both parents they respond pretty well to change and soon get accustomed to any arrangement.
ChildSupportLaws Editor 20/04/2018 at 12:18 pm
You would have to attend mediation before being able to apply to court
ChildSupportLaws Editor 19/04/2018 at 2:00 pm
If you cannot agree between you as parents, then mediation is the next option and court the final option where parents cannot agree. If your ex has a proven history of violence and a criminal record, then this will be taken into consideration as will your daughter's preference regarding whether she wishes to see her father or not. However, your ex does have a right to apply for access to see his child. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
RL 17/04/2018 at 4:52 pm
Me and my partner have split up and as of yet no agreement has been made, I believe my ex is mentally unstable and would have a hard time trusting him with her alone, he has already said he doesn't want anything to do with her until a DNA test is done (even though she is his double) he then phoned me the following day to day he was mad that's why he said it. He has a history of violence, drugs, theft which is all on his criminal record. He is mentally abusive towards me and has been physically abusive towards me aswell. He walked out of his child's life and made no effort to come and see her, he is now saying he will go through court to see her, what are my options.
Ulcia1985 17/04/2018 at 10:34 am
Hi.

Me and my partner split up 7 months ago and we share custody over our 6 years old boy. My ex is really good dad and wants to be involved in our sons life all the time. I think its great but recently we cant agree on quite a few things. Currently my son stays one night with me one with his dad. Then every other weekend.
I dont think its a good idea but my ex refuses to change anything until we see specialist. My son seems to be ok with that but im worried that it will affect him later.I wonder if there is place where i can get advice for free. Do not know what to do anymore.
Thank you
ChildSupportLaws Editor 10/04/2018 at 2:21 pm
Mutual negotiation is needed here, so that you can attempt to resolve your concerns between you. If your ex is not responsive to your concerns and you don't trust him not to put your child in a possibly dangerous situation, then mediation may be an option for you to consider suggesting.
ChildSupportLaws Editor 09/04/2018 at 11:24 am
In the first instance, you would have to suggest mediation, If your ex refuses, you would have to contemplate applying to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. If you have been the primary carer, then this will not go against you. Each parent with parental responsibility (i.e you're named as the father on the birth certificate) has the right to look after/care for/make decisions regarding their child.
Sid 08/04/2018 at 3:03 pm
Me and my partner split up 2 weeks ago. When 7 months pregnant she had a serious infection which caused her to have extensive surgery to her favoured arm. She has also been left with mobility problems in her knees which means she struggles to get around. This left me as doing most of the childcare as well as caring for her, cooking all the meals for us and her other 2 sons, cutting up her food etc. I was told to leave in the middle of the night and slept in my car. I went to get some clothes the next day and went in to see my daughter, I picked her up and walked out with her but had nowhere to go and also quickly realised it was the wrong thing to do and handed her back to her mother. Since then though I have tried to get her to let me see my little girl but she refuses, I have written a parenting plan which she has ignored. I am trying everything telling her I will see her anywhere with anyone just so I can see her. However if this was to go to court would they take into account that I have been the primary carer and will the stupid decision I made to walk out the door with her count against me?
Elisa 07/04/2018 at 8:11 am
Since our first daughter was born 3 and half years ago our marriage has been gradually getting only worse. another daughter was born almost a year ago but unfortunately no improvement but regression in our marriage has occurred.
My husband quit work when our first daughter was 1 year old. He wanted to take a break from work and I didn't resist, however I returned back to work for only 3 days a week. All our expenses had been covered by mainly my salary and more recently my maternity pay. I have to return back to work any time soon however my husband shows no interest (although saying that he wants but no action) going back to work.

I'm worried that he is planning a divorce once I return back to work but he stays at home to look after our daughters. To be perfectly honest it would be safer for our daughters to be looked after in nursery than my husband but high costs is an issue.

During our arguments he had said a few times that he will request 50/50 custody and that will allow him to do with our daughters everything he wants. He is unfortunately often very careless and doesn't take many health and safety related things seriously enough. For example, often likes giving a hazardous and/ or small items to chew on to our baby girl which I couple of times have managed to take out of her mouth and prevent chocking only in the last minute etc.

My question is if a father stays at home to look after children during my work days will it increase his chances of getting 50/50 custody? Would it be different if daughters went to nursery instead? Thanks!
Bail14 07/04/2018 at 2:26 am
My partner and I have been separated for over a year, we have a well established visitation arrangement set up and our little boy is very settled, we agreed this between ourselves, we both have PR for our child. However, my issue is that my ex husband plans to move his brother into his house. I have concerns about my ex brother-in-laws behaviour and would genuinely feel concerned leaving my child in the same house as him. Do I have any rights to stop this from happening? Is there anything I can do? Any advice would be appreciated. Thanks
ChildSupportLaws Editor 06/04/2018 at 2:46 pm
Generally speaking, the parent who is the day-to-day primary carer of your child has a better chance of gaining residency (if the matter went to court). However, mutual agreement with your partner and mediation are the first options to consider. Court is always viewed as the very last resort.
ChildSupportLaws Editor 05/04/2018 at 12:25 pm
If there is a variation to the court order i.e your partner going into prison, then it could be construed your ex has a valid reason to breach the court order. If his ex continues to not allow access when your partner comes out of prison, your partner would have to refer the matter back to court.
Mini 03/04/2018 at 8:34 pm
My partner has an 9 year old son. Him and his ex had a court order in place for my partner to see his son. This happened because she stopped us seeing him out of spite a few years ago. My partner has recently got jailed unexpectedly. She has cut all contact. Does my partner have rights in jail to see his son or even our kids (his brothers) to see him. Shes asked for legal aid to apply for my partner to get 0 contact. He will be out in a few months and he will just apply for legal aid to see him again. It upsets me because the little boys head will be so messed up from things that has happened over the years. She promised is this would not happen ever again for the wee boys sake, my partner warned her before he got jailed this might be happening (no one thought it would have because hes not in fault). She promised us she would stick to the agreement.
Sarah 30/03/2018 at 6:08 pm
My child is 14 weeks old, I am unsure about the relationship I am in and wonder when the best time to break up would be. Currently we all live in my house and both have parental responsibility. If we broke up my partner would move back to his hometown which is 45 miles away. Am I right in thinking when my child is in school would give me a better case to keep residency?
Trop 29/03/2018 at 3:29 pm
My son's mother was diagnosed with bipolar affective disorder and was hospitalised last September under section of the mental health act and then under section 3 of the same act in October of last year just yet he was born, social services stated that she was not to be left alone with him and unable to be his primary care giver due to neglect. She has been pushing for him to move to South Africa to stay with his grandparents over there, from that point onwards and my son's social worker has supported this option and even stated that she has more rights than I do as she is the mother, going so far as to state that she could end back up in hospital so that they could first asses her before they even considered me. He is currently with his grandparents in South Africa and I am just wondering if I am still able to pursue custody of my son even if he is not in the UK and what I can do exactly.
ChildSupportLaws Editor 29/03/2018 at 11:44 am
Primary care for a child usually goes to the day-to-day current primary carer of the child (in most instances, the mother). Also, a court would be more reluctant to choose to uproot a child from the child's school, family and friends, or hand a child over to the person who is not the primary carer. There has to be a good reason for a court to choose this option. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws Editor 29/03/2018 at 10:52 am
You have the Parental Responsibility to say no. However, your children's father also has the PR to challenge your decision. Any issues that cannot be resolved between yourselves should be negotiated through mediation. If mediation fails, or one parent refuses to attend/comply, the next options and last resort is court. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws Editor 29/03/2018 at 9:54 am
If your ex (who has Parental Responsibility) refuses to give her consent, you would have to apply to court. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order.
Stu 28/03/2018 at 5:26 pm
My wife left me over a yr ago we have a 5yr old and a 2yr old she willingly let me have them she sees them a few hrs a day a week she has a new man in her life shows no interest in the boys at all . I want to go live in Scotland a new start for myself and the boys one min she says ok go ahead the next she says I can’t take them can you give me some idea of where I stand . Thank you
AT 28/03/2018 at 12:46 pm
My husband and I have separated for over 2 years now. We both have parental responsibility. We have 3 children (9,6,4) and they stay over his place most weekends. Initially, I thought that having joint custody would be the best for our children. However, I get worried when he says he wants to take them on week long breaks abroad. He is Irish and his family is in Ireland, I do not want him to take the children to Ireland or on lengthy breaks away as I do not believe he can care for them appropriately. My reason is that every time the children return home, they are unwell and the last trip my daughter broke her arm falling off trampoline. How do I prevent him from taking them away on holidays? Do I need to have full custody in order to do this?
Please advise as this topic will need to be discussed as the holidays are approaching. Thanks.
Brun 28/03/2018 at 7:44 am
My child's father is due to relocate and has unlimited access at present. He has PR (named on birth certificate). My question is what is the likelihood of a court allowing son to relocate with him to new school, new area no immediate family etc. It has been mentioned in "passing" and my reply was this is not in the best interests of our son when he is settled at school etc
Fred 27/03/2018 at 3:55 pm
What is the minimum legal age to take custody of a child?
ChildSupportLaws Editor 27/03/2018 at 11:05 am
The first person you need to try to resolve this issue is with your son's father (if you can). If you cannot, then you would have to suggest mediation. If your ex doesn't support you, you would have the option to apply to court. However, much depends upon whether you wish to pursue this route. The problems come as children become older and more determined regarding what they wish to do.
Shelly 26/03/2018 at 3:44 pm
I have a 14 year old son ive not been with hus dad in several years lately he has been staying with his dad a lot more but has got out of hand started smoking hanging round with the wrong people missing school etc and is saying he wants to stay at his dads half share kind of thing what rights do i have i want him home to get him sorted there has never been any custody case a e separated and my son lived with me im at the end of my tether with worry
ChildSupportLaws Editor 26/03/2018 at 2:41 pm
If your partner has parental responsibility, then you would have to request his consent to leave the country with your child to live abroad, If your partner refuses, then you would have to apply to court. To take your child to live abroad without your partner's consent would be classed as abduction. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Nicki 25/03/2018 at 9:37 am
Me and my partner live together as a couple never been married and have a baby together. My partner has got another child from a different relationship and the child lives abroad with his mom. I am the one that stays at home taking care of the baby while my partner is the only one working.
Lately our relationship hasn't been the best and thus I would not like to expose the baby to all these disputes. And move abroad to my parents house. My question is can i legally do this and have the custody of the baby or my partner can stop me? What do you advise me to do?
Joshinginger 20/03/2018 at 10:18 pm
Im looking to start the process of residency full my children from my ex wife. Im concerned for the safety of my children due the poor decisions she has made; put it this way some incidents have occurred where the police have been involved. Thankfully the kids have not been directly involved the impact of these situations and how often it has happened is worrying. They are teenagers and starting to approach the most important stage of their life, they've had enough upheaval in their short lives im worried i would make it worse. But right now im not sure where to begin with applying for residency. If anyone can provide some guidance that would be great. Thank you.
Sapphire 13/03/2018 at 12:03 am
Hi im a nana and my daughter seperated from the father of her baby just over a year ago.. domestic violence was reported to police .
However since feb 2017 he has lived in scotland (my daughter and toddler in england) and he has seen his child once since . He has emailed on handful of occasions and that is normally to abuse.
I need to know where my daughter stands and is there anything we can do or put in place incase anything happens to my daughter, as i would want my grandchild as she doesnt even know him now ..
Im worried that if something does happen god forbid that he could get her and take her to scotland
Ollie80 Editor 12/03/2018 at 12:22 pm
@Aj - I've never picked my boy up from my ex's, she won't even tell me the address. Each person is different. A friend of mine still goes round to his ex's once a week for tea. Different horses for different courses. My ex drops the kids off - that's cool by me.
MiaP** Editor 13/02/2017 at 1:57 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 :(
Aj 11/03/2018 at 8:08 pm
Me and my wife separated in 2015 and I always pick our daughter up from her house I walk in chat to my ex mostly about our daughter . Now she tells me out of the blue that she thinks it's inappropriate for me to pick my daughter up from her house . Now she wants to meet me at a bus stop to pick and drop our daughter off ? When I go to her house I spend at most 15 min ether waiting for my daughter to pack some toys put boots or coat on or taking to her mum about progress at school or ideas on what is best for our daughter and sometimes just random conversation . Now she says I am not welcome in her house for no apparent reason I just think it's strange and would like advice . How do most separated mums or dad's pick and drop their children off ? Is it at a random bus stop or at the house ? Thanks for any help with this ??
Aliy 10/03/2018 at 4:49 pm
My solicitor isn't listening to me.I am on Legal Aid, the Solicitor has threatened to remove this as one of my family asked her to listen to me( She obviously didn't like this). I am a mother of three children. My husband has gone bankrupt, stopped paying the mortgage and has money he is demanding full custody of the /girls.

The courts seem to only be interested in him as hes paying. How can i get some balance back. He shouts and they all jump solicitors barristers and courts.

At my wits end, there is nothing fair on Legal Aid
Euro_beba 09/03/2018 at 3:45 pm
My partner and I have a 4-month old baby. Baby and I have always lived abroad. We plan on visiting Scotland so my partner can spend time with baby. Neither baby and I have any right to stay in the UK for any extended amount of time. Could he stop baby from leaving Scotland? I'm scared if I go there he will petition the courts and not let baby go home with me.
ChildSupportLaws Editor 06/03/2018 at 2:45 pm
You can see more whichwhich will tell you all you need to know.
SB1212 06/03/2018 at 11:28 am
My partner has 2 children ages 8 and 11. His ex is mentally unwell and was sectioned under the mental health act just before Christmas. When she was well she had the children most nights in the week with all child maintence paid. But since shes become unwell hes had them more or less full time.
She's very unpredictable with her mood and not compliant with her medication sometimes which can put the children at risk. The children now have a set routine with their dad and enjoy being with him as he has a good family network to help with school runs etc.
My partner now wants a residency order as it is best for the children. He has tried to get his ex partner to agree to this as there has been time where she has been flippant and stated she no longer wants the children. They have tried mediation that she did not attend and I would like some advise on what necessary steps i need to take.
ChildSupportLaws Editor 05/03/2018 at 10:26 am
You should talk to your daughter's mother directly and both of you try to work out between you what is in your child's best interests. The court is unlikely to move your daughter away from the security she knows despite your ex having a borderline personality disorder and being out of work. As in all cases, the court’s main concern is the welfare of the child in question. Whenever parents can’t agree over an application, Cafcass become involved, compiling a report on the family, both parents and children. The document they produce carries a great deal of weight with the family court. Both parents will be interviewed 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 court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Jan 04/03/2018 at 5:51 pm
I was given full residential custody of a child through Jefferson County Human Services in 2012 and in 2015 I was given for a PR rights am I allowed to give day. All rights and the custody rights back to either parent without going to court
Sir 04/03/2018 at 11:14 am
My daughter lives with her mother in Luton, I have her every other weekend. She has borderline personality disorder. When she was first diagnosed the health service said she was ok to look after her. But she recently had a car crash on the motor way with my daughter with her. they surviveed but but the mum was shaken up and developed anxiety. she was unable to travel for a month due to being scared to get on transport. She lost her job because of it and is now sitting at home doing nothing. She says that she is trying (or to get help), but in the mean time, she is messaging me constanlt stressing about money. I am a full -time student, but I think that my daughter (10) should live with me. I currently rent a room, but I will get a place. I want to know what the chances are of me being able have her live with me full time. I a concerned that her mum is no longer able to look after her safely as she is struggling with her menatl health.What should I do?
ChildSupportLaws Editor 26/02/2018 at 1:57 pm
Regardless of other issues you mention, your partner would still need to apply to a court for permission to take her child abroad she hasn't got permission from the other parent with parental responsibility
ChildSupportLaws Editor 26/02/2018 at 12:21 pm
If you refuse access to your ex, then you/or your ex have the option to either try to resolve the issues between you, via mediation, or if one or the other of the parents refuse to attend mediation, or if mediation fails. Then court is the last option. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Bea 25/02/2018 at 10:15 pm
My 7 year old sons father and I have been separated a while although I’m pregnant again with another of his children. I have been open to him having spend time with our son at his mothers house where he lived until recently. He occasionally takes him out for food or to the shops. Today I hear my son talk about how his dad has many people in and out of his car and an exchange is made. I have my concerns my son is around him drug dealing. Of course he is denying this and my son is made to be a liar. I want all contact stopped. How do I go about this? I have contacted the police who have done nothing.
Lucas 24/02/2018 at 3:41 pm
My partner wants to take her child to Disney Paris with her sister, her ex partner will not give permission for the child to go abroad, unless she signs a letter saying they have joint custody.The father sees his son every Sunday for a few hours, has never had him over night, is a cannabis smoker. Is verbally abusive when collecting his child, has never paid maintenance, the other day he forgot to collect his child from school, who is 8 and he has only collected a handful of times.My partner wants to get a child parent arrangement order but cannot afford the mediation. She has offered to agree to the father having the child or over night but he says from May or he will consider it if she signs the custody letter wants her to sign. He lives in a room share and is trying to get a flat this is why he wants her to sign the letter.Please can you provide us with some advice? What way can she proof she has full custody and are there any other way of getting permission to take her child abroad? Any information would be helpful. Thanks in advance.
Desperatemum 22/02/2018 at 6:35 pm
I am really sorry for the length of this message.

I was in an emotionally abusive (sometimes physical)relationship for 10 years.
We had 3 children 11,8 and 5.
3 years ago in June, I finally got him out after counciling and help from a few friends.
I have another partner of 2 years who is lovely.

He treats the children as if they are his own this includes the average family arguments.
My children requested after split up to see their dad 2 weekends and myself one in a 3 weekend rotation which I agreed.


Their dad has a girlfriend who has 2 children of her own and they both have a child together.

They are both unemployed.
He always threatened to have me sectioned the children taken off me.
In October last year when the children were going to be picked up we had a family argument because my daughter wanted to take her flute to her dads (which cost £150) to her dads. Andrew and I were furious because she takes stuff and it never comes back.
Her laptop vanished and has never been returned.
Andrew shouted as did I and he slammed the cupboard door. The atmosphere was tense, they told their dad and he jumped on it.
He refused to bring the children home and called the police.
The police were happy everything was ok and adviced their Dad the children should be home on the Sunday. He then phoned social services and made the children goto them.

Social services said they were not getting involved after speaking to the children.

I went to court and had the children returned but now we are at court at welfare hearings and have the reidsncy hearing in may.

My children came home like different children.

He has told the children I lied in court and that I am stopping him seeing them (he sees them every 2weeks now)
My 2 eldest children have become violent to me at times which never happened before and really horrible at times. It is obviously affecting my relationship with my partner.

Their dad has made this fake life up that they could never have and my son especially (who is 8) believes.

The independent lawyer spoke to the children today and I’m scared they said they wanted to stay with their dad.

I was unemployed for 10 years and not allowed to work. I am a self employed carer and have built my business up from the ground.
I have had to stay off work with stress,
I cannot live without my children.
He is tearing my family apart and I always new he would.

He has said my partner is violent and that I am violent to the children.
He has said I drag my son up the stair.

Myself and my partner who works as a personal trainer and lifeguard are both pvg checked.

If the children say they want to live with their dad do I have any chance of them staying at home?


Have
I attended median
ChildSupportLaws Editor 22/02/2018 at 12:46 pm
If your brother previously has had shared care of his children, and the arrangement has been workable, then he will stand a good chance of having shared care reinstated by court order. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. The court likes continuity and stability and will always attempt to keep a constant routine where it can. However, it is impossible to predict what a court may decide, but these are the general guidelines to the way the court thinks.
ChildSupportLaws Editor 22/02/2018 at 12:17 pm
If you feel actual neglect is taking place, then please see the NSPCC whichYou can talk to someone at NSPCC and they will be able to give more advice.
Nes 20/02/2018 at 7:21 pm
My Partner Is In A Very Difficult Situation I'm Not Going To Give Any Names As I Dont Want To Cause Trouble For Him, But We Am Both Currently Living With Our Parents... More To The Point His Ex Partner & Him Have A 1 Year Old Little Girl For The Last 11Months She Has Constantly Had Control Over Him With His Daughter, For Example... We Have His Little Girl At My Mom's On A Weekend From Friday To Monday & The Arrangements Was That On The Weekend We Pay For Her Essentials & In The Week She Does The Same. Recently She Has Had A Problem With Us Having His Little Girl Until Sunday, & Demanding Money In The Week From Him Baring In Mind He Has Only Just Starting JSA. Now We Am Not Aloud To See Her For The 5th Time In This First Year Of Her Life. Most Weekends She Comes To Us With Her Private Parts Bleeding & Blistered As Her Partner Doesn't Think It's Right To Change Her Bottom As It Isn't His Child. His Ex Partners Partner Is Also A Drug Dealer Were This Concerns Me To The Point I'm Shaking In Worry For The Poor Girl. She Has A Constant Cough On Weekends As She Smokes Cigarettes & Cannabis With Her New Partner In The Bedroom Were She Sleeps. We Have Also Been Told By His Ex Aswell That She Is To Over Fed When He Has Dropped Her Back.
We Are At The Point Now Cause We Haven't Got A Place & His Ex Is Under Social That We Have No Chance Of Fighting For His Little Girl As We Have No Home For Her & No Money. But I Do Have Evidence Of This Neglect. I'd Love Some Help & Advice. I Love His Little Girl & I Just Want The Best For Her. Thankyou??
Bella 20/02/2018 at 6:39 pm
My brother has recently had care of his 4 year old son 4 nights a week, sometimes 5 at the Mother’s request,for a year an a half. Since my brother has got a new partner the mother has stopped access, stating in a lawyers letter he can only have him a Friday night one week then a Friday Saturday the next week. He has tried to negotiate for shared care threw lawyers letters with her still not agreeing. He has asked for mediation which she has denied also. Will my brother get granted shared custody by a court? Her excuse of denying a week night to my brother, is that he would need someone to drop his son at nursery as he works. (Which was the case for the last year and a half 4 week days a week) My brother has full support of his family to help him by dropping his son at nursery. She also depends on family some days to drop off and collect from nursery.
ChildSupportLaws Editor 20/02/2018 at 1:43 pm
This situation will not be allowed to go to court until you have first suggested mediation to your ex in order to come to a resolution (if you cannot come to one between yourselves). Court is always seen as the last resort or an option if your ex refuses mediation, or if mediation breaks down. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. You can see more which
Dan 19/02/2018 at 7:29 pm
Im currently going through separation...I want my son every Saturday morning til Sunday tea time but my ex wants me to have him Friday tea til Saturday tea but I’m a plasterer and I don’t have set times of finishing on any given day my problem is if I had him Fridays by the time I’ve got him it’s time for him to go to bed therefore not giving me any time with my son but getting him Saturday morning gives me all day Saturday and majority of Sunday with him. My ex has 2 previous children whose father does pick them up on Fridays to saturdays so she’s giving me the same to fit in with her circumstances and I don’t agree. Where do I stand legally if it goes to court
ChildSupportLaws Editor 16/02/2018 at 12:21 pm
You can see more under the header; Can people other than parents acquire Parental Responsibility? here . Also, when a stepparent adopts their partner’s child it ends the legal relationship between that child and their other natural parent, you can see more which
ChildSupportLaws Editor 16/02/2018 at 12:01 pm
I am a bit confused regarding this question. However, if an individual is representing themselves in court, then litigants in person MUST be treated equally before the law and have equal access to justice. Judges have a duty to ensure a fair trial by giving them due assistance to achieve this.
Dillon 15/02/2018 at 10:27 pm
I have a child from a previous relationship,my ex has never shown any interest or paid maintenance the whole of my child's life, (he's now 14), I have a partner of 12 years who has done everything for my child,how would I get my partner full parental rights and his name as my child's surname? Thanks
Milo 15/02/2018 at 10:19 pm
Hi my Daughters x is going for full custody on the grounds of problems over access she already has residency but because him and his immediate family and Granparents tried not giving him back contact was stopped on the advice of child protection. He has a drinks problem and because she has been suffering from depression the Courts have deemed her mentally unfit and obstructive didn't even tell her he was going for custody has been bullied and discriminated by the Courts because of her Mental health because she had no solicitor.
ChildSupportLaws Editor 15/02/2018 at 11:39 am
Your son's mother must get the permission of everyone with parental responsibility (i.e you) before taking a child abroad, If you refuse, then she would have to apply to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws Editor 15/02/2018 at 10:43 am
It is unlikely that joint custody would be awarded unless your friend and his ex could have a straightforward shared-care arrangement (or if they had one which was logistically workable in the past). As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. If the child would be likely face day-to day disruption by a non-workable shared-care arrangement, then it is unlikely the court would allow this.
Jane 14/02/2018 at 4:43 pm
My friends ex husband wants to have joint custody of their 2year old. The distance between the two families is 50 odd miles. She has received a date for the court case. What is likely to happen?
Zee 14/02/2018 at 12:42 am
Hi my son mother is threatening to take my son away possibly out of country. We are not married but been living together for almost 2 years. I have been paying for everything for my child and his mother. My name is written on his birth certificate. Can i legally stop her from doing that. She also have two other children from a previous partner and they don’t live with her. Can I get the custody of my son.
ChildSupportLaws Editor 13/02/2018 at 11:37 am
Only if you register the child's father on the birth certificate (which would give him joint parental responsibility) would the father have an official right to 'attempt' to prevent you from moving. However, in all likelihood a court would not stop you from moving abroad. If you do not register your ex on the birth certificate, he can apply to court for joint parental responsibility. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Zee 12/02/2018 at 9:57 pm
I am currently 7months pregnant and not married. Was living with my boyfriend but recently moved back home with my mum. The father wants to be involved in his sons life. The problem is I have a job offer outside the Uk and want to take it. The father is refusing for me take my child and says he wants him here. I want to know if he can stop me? What are his rights?
Mermaid 10/02/2018 at 12:21 pm
My friend is unhappily married with 4 children. She is a professional working woman who adores her children and is loving and nurturing. Her husband has a different parenting attitude, he makes them do extra homework in the mornings, evenings and even in the car, he sends them on study weeks in the school holidays. He bullies his wife, shouts at her, makes decisions without consulting her and belittles her in public (worse than I am describing but don't want to go into detail).
She is very unhappy but scared of the consequences of a separation or divorce as he is a lawyer. She is terrified there would be a custody battle and that he would win because of his professional background and because he earns so much more money?
Could this happen?
ChildSupportLaws Editor 09/02/2018 at 2:44 pm
Much depends upon what you both decide to do after April. If you cannot agree between you then you should consider coming to an arrangement via mediation. However, if you both cannot agree where your children should live on a permanent basis, then either one of you would have to apply to court for a child arrangement order
Zee 09/02/2018 at 1:02 pm
My ex has a child arrangements order which was temporally out in place by the courts till April then it stops after April can I take my kids back as we still both have parental responsibility but he has them living with him atm by the courts but what can I do after the court order
ChildSupportLaws Editor 09/02/2018 at 12:36 pm
Unless there is a very good reason and that reason is provable (such as social services have been involved, or there is a justifiable case of consistent neglect or abuse backed up by other healthcare organisations) would the courts consider moving children from the primary carer. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order.
LaraC 06/02/2018 at 7:04 pm
Me and my partner seperated over seven years ago. I have never stopped him seeing our children and he has only just started paying maintenance. Last month he applied to the court for the urgent removal of our children from my care stating I was an unfit mother. I have a solcitor but I am so scared the courts will rule in his favour and I will only have limited access to them. Can this happen?
ChildSupportLaws Editor 06/02/2018 at 3:20 pm
It is rare that a court will move one child away from a parent, school and all that is familiar and consistent unless absolutely necessary. Speaking with your ex and trying to agree this amicably is the best way forward. However, if your ex is reluctant, then you would have to seek legal advice about taking the matter to court, as it is a stressful and big step all round. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Bd1012 06/02/2018 at 11:10 am
Hi, my wife and I got divorced over four years ago.
We have never had any court orders in place for our kids. She initially took both my son and my daughter to live with her (200 miles away) and after two years my son became very unhappy living there and we decided between us he would come and live here, and he has done for nearly two years now.
I see my daughter every school holiday so around ten weeks a year.
I am also remarried with a further two daughters.
My wife and I have decided that my daughter should also come live here with us and our family. She seems isolated at her mums house by herself and is permanently babysat and looked after by others. She’s not neglected but we feel she would be much happier here now and we could offer her a more loving and stable family home.
There’s currently no court orders in place and we’ve always decided everything between us.
We intend to ask my ex wife if my daughter can move but suspect she would say no.
What are our chances of getting her full time and allowing her Mum to see her and speak to her as often as she wanted if we took it to court?
ChildSupportLaws Editor 05/02/2018 at 3:12 pm
If you cannot agree between yourselves, you would have to consider mediation, please see answer to comment below.
ChildSupportLaws Editor 05/02/2018 at 3:05 pm
In situations such as this, your only recourse is to suggest mediation as a way of trying to come to a joint agreement. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and help you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides.
Ana 04/02/2018 at 11:05 pm
Hello,
I am a mother and a main carer of a 3 years old girl. I have been separated for 2.5 years. We have still lots of issues and our communication is not very good. We have totally different parenting styles, hence lots of disagreements. The child is exposed to different rules and routines.
I am currently going through a court case, as the father made an application for 50/50 child custody. I do not agree with that, hence we ended up in court. The father has regular contact with the child: two evenings during the week; 1 overnight per week; one of the weekend days. I am prepared to push the contact arrangements towards: alternate weekends; still pick up from nursery twice a week & back home for the sleep; introduce holidays.
I am worried that even though I try to sort the situation out in an amicable way, the father will still push for 50/50.

1. What are my chances and arguments for this not to happen?
2. We are currently living in the same town. What would happen if I found employment in different city? Would I be able to move with the child?
Any advice would be much appreciated!
Mummy86 03/02/2018 at 10:38 pm
Hi. Myself and my ex have been separated for 17 months. We have both moved on and have new partners. Our marriage had been over for many years. My ex has not made and effort to have a routine seeing the children and has moved town. He has asked to see the children every other weekend over night. In a 2 bed house where they do not have there own beds or space. I have said that we should only start by having them during the day until they are used to the new routine. He has now accused me of stopping him and says he will take the children. I am just trying to make sure the children are adjusted. As we have clubs they go to at weekends that he cannot take them too and so it will be a big change after so long. I'm not sure if I'm in the wrong or being over protective. But he won't accept just seeing them during the day to start. And now I don't know what to do.
Mal67 Editor 05/02/2018 at 1:56 pm
@Charm - I'm surprised the court would allow this, unless there is good reason why you shouldn't move i.e if you have been involved with social services and there are safeguarding issues etc.
Charm 03/02/2018 at 10:01 am
My sister had took my to court for a prohibited steps order.im confused as she has no parental rights over my son. All I wanted to do was move on with my life in a different part of the UK but my sister is so jealous and vile. I just need as much advice and help as I can.
Dan 02/02/2018 at 11:32 pm
Help required please.
My situation is this, for the past 18 months my soon to be ex wife and I have been sharing joint custody of our two children, 7 nights out of 14, alternate weekends etc. A pattern that works for is both except when she wants to alter it! Ex keeping the kids for an extra few hours when she wants, taking them away for a week at a time without contact, telling me last minute she has plans and then keeping them on my days. This is unfair and unagreed but what can I do? I am unable to take any action for fear of repercussion where she will take them away more until she calms down then allow them back to me. I am always aware of how she can react and hold them as a weapon to me. What leagal rights do I have to say she can't do this and my time with them is my time? Please help, thankyou.
ChildSupportLaws Editor 02/02/2018 at 12:55 pm
Unless you can prove to social services or the courts that you girlfriend is not capable of looking after her/your child, then there is little you can do. It is very rare that a court will remove a child from one parent and hand that child over to another for no reason, so you might wish to seek legal advice to explore whether you have a case to answer.
ChildSupportLaws Editor 02/02/2018 at 9:40 am
Grandparents can acquire parental responsibility for their grandchildren if a Child Arrangement Order is made in their favour via the courts. For this, you would have to seek legal advice. To make an application to the court you would initially need to apply for leave which means the right to ask the court to be heard about this issue. This is normally granted for grandparents when a grandchild is living with them or there is a dispute about where the grandchild would live. Otherwise, you can come to a mutual agreement between you and your daughter, and your daughter would still be considered the main decision maker.
Mummysuz 01/02/2018 at 1:49 pm
Looking for advice .. i have a granddaughter that is 3 at the end of this month (feb 18 ) i have lived with her and mum all her life until last October but as i have moved away my daughter is finding it a struggle to cope with her and fulltime collage and social life so i have had her stay with me when shes not in preschool thats 2days a week monday and Tuesday and my daughter has agreed to give me residential rights so i can get her into school and doctors in my area but she still wants to be part of her life and have her visit on weekends and holidays. . My question is how do i go about this if we are both in full agreement ?
Deccy 31/01/2018 at 6:47 pm
Hi urgent advice needed me and my girlfriend split up due to her being violent towards me she is 22 weeks pregnant with my child we live in scotland but she disappeared and went back to England I want to get custody of the baby when it’s born she has already had kids taken off her years before I met her and her family has a history of mental health problems and drugs and she used to take drugs before I met her she has mental health problems but won’t go and get diagnosed what do I do please help as I’m concerned for my baby
Z 27/01/2018 at 4:25 pm
My brother is an American and his wife went back to England and is denied him to be able to have the child here in America. He’s a great father and was a great husband. As we watch his world break and fall apart we are trying to advise him how to proceed forward to get a custody agreement that is fair for everyone. Any advice on where or how to start the process of getting visitation rights and shared custody?
Nik 26/01/2018 at 3:04 pm
Me and my ex split up about 2 weeks ago. We have a 19 month old son. We made a non legal agreement about both parties meeting up for the change over with my son. ( we both decided it was in our sons best interest for him to have non legal full custody) I now live about 6 hours away (using a train, I don't drive, But my ex does). But now that he knows that I left him because I wasn't happy in our relationship and have found someone New, he has decided to change the original agreement. I am trying to be amicable about this, but my ex just seems to want to make it difficult.
H 26/01/2018 at 2:18 pm
Hi, I have a 12 year old that doesn’t want to see me anymore, I see daughters no problem and they stay with me over the weekend, but he won’t come, what should I do? He thinks he is not wanted and been abandoned but it’s not the case, I drive over 600 miles every fortnight to see them all and it breaks my heart he won’t come with my daughters. Thanks Paul
ChildSupportLaws Editor 26/01/2018 at 2:05 pm
It is not that the courts usually side with the mother. The person who is the general day-to-day carer of your child, is usually the parent that continues in this role. Therefore, if you are the usual daily carer of your child, then there is no reason why you cannot apply for residency if you separate from your wife. However, court is always seen as the last resort. Before you would be allowed to apply to court, mutual negotiations and mediation would have to have proved to be unsuccessful. In all case mutual negotiation towards a family-based arrangement is preferred.
Fee B Editor 26/01/2018 at 12:43 pm
@MaggieMay - I don't think the LEA would allow this, as it would be constant disruption for your son. It seems like it might be a good idea in principle, but in practice it's unlikely to be allowed or to work very successfully. Maybe he can go to his dads in holidays and at weekends.
MaggieMay 25/01/2018 at 10:42 pm
Hi, I wonder if you can help. Myself and ex partner have a good relationship for the sake of our son. He currently lives with me but spends lots of time with his dad. We both have parental responsibility. The problem we have is, my ex is having to move back to his home town for work which 200 miles away. Is there a way our son can live with me one month and my ex the following month. I have no objections but we were wondering about school. Is it possible for a child to attend two schools under these circumstances or at least have part time home schooling when he is with his dad and partner who is amazing with our son. It’s such a difficult situation because he loves spending time with his dad. Surely in this day and age there is something legally available for parents in out situation?
Maggie
ChildSupportLaws Editor 25/01/2018 at 2:56 pm
I am sorry to hear this. If both parents have Parental Responsibility then the police cannot intervene to take the child off one parent and give them to the other; the police cannot choose between parents, that is the remit of the courts. Unless your ex relents and gives the children back to you, then you would ahve to apply to court. To apply to the courts, you will need to fill in form C100 found at Gov.UK - Forms and Guidance. A court fee of £215 is also payable though you may be able to get assistance with this if you receive benefits or have a low income. You may also wish to seek legal advice in order to apply for an interim order. Unfortunately, the whole process can take time. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Unless there is a good reason why your children shouldn't live with you then it is likely the courts will opt in your favour. However, we cannot predict what a court may decide. I hope this issue naturally manages to resolve itself soon.
ChildSupportLaws Editor 25/01/2018 at 11:09 am
If both parents have parental responsibility and one parent keeps the children against the other's wishes, the police can't help, even if the children do not normally live with them. This is the remit of the courts. As a rule, the courts will always opt for continuity and stability, and if your children have always lived with you, then it is likely a court would rule in your favour. It is very rare the other parent will keep children without consent, unless there is a very good reason. If your children are old enough to protest, then this should stop the other parent from considering making such a move. However, if this is true, then you may wish to speak and question your ex in order to try to resolve the issue and/or suggest mediation. Alternatively, a solicitor's letter warning your ex from making such statements and upsetting the children may also encourage him to back off from making such plans. Applying for a child arrangement order to officially determine where your children should live is an option if you cannot agree this matter between you
Betty12 24/01/2018 at 10:11 am
Advise needed please.
I have 5 children, two of which are from my previous marriage. Contact and maintenance arrangements have been in place for a few years now after Ex took me to court - he wanted an order that stated that contact was ‘written in stone’ for me, but be flexible for him. (I was looking for work at the time so he insisted that he didn’t have to give me a pick-up time as I had nothing better to do than sit around on the contact days waiting for him to collect the children )The Court wasn’t impressed and sent us on a parenting together course and insisted that we attended mediation.
Since then contact has worked out well, he picks them up from School on a Friday and drops them off at school on a Monday.
My concerns were raised last year when the youngest of the two boys came crying to me before bedtime, he started saying how he didn’t want to live with Daddy. I had no idea what he was talking about, reassured him that he wasn’t going anywhere and sent a stern message to his father. This seemed to settle the matter. However, the last few times they have come home from their fathers, they have been telling me that he has been telling them how wonderful their lives would be living with him. How they’d have their own bedrooms and be driven to school everyday. My eldest son has informed me that his dad has made appointments to look around schools in the area (he lives an hour away from us)
Although I know that my children would never want to live with their dad, my concerns, and ultimately what keeps me awake at night, is that he will pick them up as usual but not bring them back. That he’d enroll them into a school by him and just send them against their wishes, knowing that he’s not breaking any laws by doing so.
I worry about the damage it might do to them and m three other children seeing that happen.
Not sure what to do now? I do know that talking to him will only illicit a defensive response.
Any advice will be greatfully received.
Henna30 23/01/2018 at 8:01 pm
Please I need urgent advice. I have been in very bad relationship my ex and I seperation over 7 months ago whilst living together he emotionally and mentally financially abused me. I left now after I left I wanted him to have a relationship with the kids. He kept coming every other day then daily to see kids. Then I would go with the kids and stay for 1 night with kids on weekends. Now I know he has been recording arguments between me and him me shouting ect. Now last week he's kept the kids as I left his house for a couple of hours. Then he started to argue with me through text which then I went back for kids. He then refused to give kids back and called police on me. I was arrested for apparently my own safety. But now he refused to give kids back social services are InTouch with him and not me apparently due my daughter's poor attendance in reception school is poor. I'm scared he will use all sorts to keep my kids as a mother I want my kids back I never wanted the kids to be away from there dad always supported contact told him time over time go through the legal route but he would not. Each time I said it he worked his way back as I was emotionally abused belived it was in the kids best interest please will my kids be returned I'm not stopping him seeing the kids and won't
ChildSupportLaws Editor 23/01/2018 at 3:41 pm
The court can monitor current and future intake, if it chooses. Hair strand testing is likely to be the most appropriate method as it can go back for up to six months.
ChildSupportLaws Editor 23/01/2018 at 1:59 pm
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 children. Don't forget to take a copy of the letter for your records and keep your proof of sending. If this produces no action, then you would have to suggest mediation to your ex as a way to try to resolve the issues mutually. If she refuses, then your next option would be to apply to court. Court is always seen as a last resort and you will usually have to show that you have both attended a Mediation Information & Assessment Meeting (MIAM) before you can apply. Therefore, you need to get on with beginning this process asap. The letter you send can be written by yourself, or a solicitor, if you want more impact. A solicitor will also be able to outline your rights and the repercussions if your ex continues to withhold access. I hope this helps.
Raven 23/01/2018 at 12:37 pm
I'm just wondering me and my wife are drifting apart and could soon be getting a divorce. She has a son to a guy she met before me age 10 and we have a daughter age 3. If we split I would like custody of my daughter as most of the time she can not handle her and I do everything with her. I'm originally from south of Ireland but I would stay in our town and no intention of going back home. Just wondering have I a leg to stand on as usually courts always side with the mother in these cases.
Thanks.
Seanp25 22/01/2018 at 11:39 pm
I'm currently going through courts to get access to my son which my ex has full custody. She refuses to see me face to face at any point and all hell breaks loose if I disagree with anything atall she has to say. She has thrown any and every accusation in my direction from I'm violent and aggressive to I'm a raging drug addict. To accusing my family of horrendous things. I do smoke cannabis from time to time but that's as bad as it gets. Ive been told I have to do a drug test (I'm more than happy to do one and will be in March) and pass or I won't ever see my son outside of a contact center. (I've had contact with my son for the past 3 months at a contact center, it's been going great) I'm just wondering if this is normal practice from the courts? And would this be a one off drug test or will there be follow up tests as I'm unsure how this all works, thank you.
Dad80 22/01/2018 at 8:15 pm
Hi,

My ex-partner has taken away my access to my daughter. We don’t have a legal document. I have her twice a week and have done since we split up 4 years ago never missing my days. I pay my ex maintenance every month outlined by the CMS and I’ve been paying her extra on top of that for months now.

Legally where do I stand, surely with parental responsibility she can’t do this to me?

Thanks
ChildSupportLaws Editor 22/01/2018 at 3:29 pm
I assume your husband has not abandoned his children altogether and still would like contact? It's rare that a court will remove parental responsibility for no reason. In fact, it has to be a very good reason for a court to take parental rights away. I also don't know what you mean by 'full' parental rights, as you have residency of your children by nature of them living solely with you.
Sue 20/01/2018 at 12:54 pm
In my divorce we agreed that kids would reside with me and he would visit when work permitted. My ex has now moves to America and married and staying there permanently. Would I be able to apply to get full parental rites as he isn't coming back?
John Doe 19/01/2018 at 8:34 pm
Any examples of precedence for cases involving siblings and parents. I have a 11 year old daughter and her mother died a year ago and now the siblings are applying for custody. Contact has not stopped.
Mr e 19/01/2018 at 8:02 pm
hi I have 2 daughters with my x we split up over a year ago. I have the girls every other weekend and days in the week from school till 7. my ex is always drunk causing trouble she recently split with her partner and I have had to fetch the girls 3 times in last 2 week because of fighting at the house ..she can never be alone so always staying at friends or relatives Evan threw the week Evan tho the girls have school. I no I can give them a more stable life they are turning into rate gobby kids and not listening I'm trying my best to be the best dad ever but also letting them no respect and can't get away with swearing and shouting ! Witch they are use to at home . I no she's out most weekends Evan tho we get a weekend each free ... I feel they wI'll be a lot better of with me but do I stand a chance if all I can say is I can give them a better life ..
FTurner 19/01/2018 at 7:25 pm
I have full custody of my son. I was granted this because the Mum wanted to move abroad. The Mum didn’t move abroad and now a couple of years later is wanting shared custody. I have given her extra days with our son and have never asked for any child maintenance from her. I don’t see how changing it to shared custody benefits our son. He is happy and sees us both equal amounts. She has said that she wants it to be shared custody for the benefit of our son but all the reasons she has given is reasons that benefit her- money, get a bigger house on the council etc... I deem her as unfit, she lies a lot, claims to have no food to feed her children, let our son stay school, plays lots of control games. I have lots of text messages as proof. I believe even with shared custody she is never going to be happy with the agreement as I have always given her more anyway. What chance does she have winning shared custody and what evidence do I need to prove how she is unfit?
ChildSupportLaws Editor 19/01/2018 at 3:32 pm
You cannot apply for 'sole custody' of your child, as in you have this already. The father has no rights, as he is not on the birth certificate. However, there is nothing to stop him applying to court at any point in the future should he wish to make contact. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
metaljac3 19/01/2018 at 12:59 pm
I was seeing a guy for short period of time fell pregnant to him and currently have another daughter also whos father passed away when she was young. Anyhow the guy I was seeing went back to his ex/ and 2 children/fiancee. He did not make contact when his child was born so therefore i did not put his name on birth cert. He is currently paying CM and not making contact and is now getting married...I want to make sure he does not attempt to come into my childs life at a later date as he is not worthy of being a father given the circumstamces and various other reasons which are all in my childs best interest...Can i apply for sole custody of my child? I live in N Ireland?
ChildSupportLaws Editor 16/01/2018 at 1:49 pm
I'm not quite sure what you are requesting in your question. If your ex never sees your son, and has no wish to, then you are the primary carer with natural residency of your child, so this situation need not change. If I'm missing something here, please elaborate and I will attempt to try to answer your question further.
ChildSupportLaws Editor 16/01/2018 at 12:10 pm
It would be possible. However, it would first have to be proved the parents were not taking care of the child and the child and as a result the child was risk of being taken away from the parents. The person who wished to take over looking after the child, could also speak to the parents directly and try to come to a supportive arrangement. However, if neglect is taking place, the person can see more via the NSPCC link here and speak to someone confidentially and/or report neglect if necessary.
Alex 15/01/2018 at 9:04 pm
Is it possible for a person (18 or over) to take custordy over one of their siblings if they can show that the parents are not supporting or taking care of the child correctly? This person having their own or separate accomodation from the parents.
Biancalouise22 15/01/2018 at 8:57 pm
Hello,
I’m looking for some advice. I have a son aged 9, his father and I broke up 7 years ago. When my son was 6, he kept seeing his dad sniff cocaine during visits (it was daddy’s medicine!), I contacted the police and alerted social services. No case was ever opened with social services as they were happy my son was safe with me 100 odd miles away. Since my son alerted me, his father has disowned him, I’ve tried a cafcass parenting plan twice but he refused, he initially refused to pay chil maintenance until the maintenance team decided to deduct it automatically from his HMRC payments each fortnight, I’ve offered time and time again for him to visit our home but he never does or he promises but doesn’t turn up etc! I have screenshots of text messages between he and I, I would like to go for sole custody but I am unsure of the exact procedure, costs etc. I work part time, my son and I are happily settled with my partner of 4.5 years who works full time. My son is petrified of going to Devon for visits and as time has gone on he no longer wants to visit, we telephoned but the calls were never returned, any advice would be much appreciated!
ChildSupportLaws Editor 15/01/2018 at 10:42 am
As specified in the answer to a comment below, mediation is your only option preior to court, if you as parents cannot agree. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval.Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and help you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. On another note; if your ex is earning, then you can claim child maintenance whichEvery non-resident parent is by law deemed responsible to help financially support their children (if they are earning and paying tax via HMRC) either via a family-based arrangement or through CMS.
ChildSupportLaws Editor 15/01/2018 at 10:04 am
The grandmother can certainly seek legal advice and apply and 'may' be allowed to take the matter to court (if your grandchild has been living with her on a permanent basis) and the reasons why this arrangement has taken place will be taken into consideration. The mother is the person with parental responsibility and can by law choose what she thinks is in the best interests of her child, without having to ask the grandmother's permission (even if the child does not normally live with the mother). As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. However, the person with PR, will be deemed by the court as the preferred parent the child should live with, unless it can be proved otherwise that the mother is unable to properly/adequetely look after her child.
Little ones mother 14/01/2018 at 9:13 am
Hello
My ex and I where never married we have 2 children and split up almost 3 years ago now , He sees the children on a regular basis on a Sunday and has them over night , he dose not pay child support ( he can easily afford it he just chooses not to pay ) I tried to arrange with him a parenting plan just so every one know what’s what ....he’s currently living with he’s girls friend and her two children (if they are on good terms or he stays with he’s parents ) as he very often is hours late picking them up and then tells me I’m not getting them back ... all attempt of me sending him any letters are dismissed as he tells me he got it but it won’t stand as that is not he’s permanent residence and he tells me he doesn’t have one ?!?
What can I do in this situation ... I don’t want to stop him seeing the girls not have I ever done I just want it all agreed on paper so he can’t change he’s mind on what we agreed when ever it suits him ? Please help
REYNA 14/01/2018 at 5:30 am
My granddaughter has been living across the road from her mother at her grandparents house for the past 6 years for one reason or another mainly due to the grandmother being obsessed with her.My daughter still has a loving strong bond with her daughter and they have a normal healthy mother daughter relationship.my daughters relationship has broken down and my daughter is moving home and taking the children with her but the grandmother is refusing to let my granddaughter go and says she will fight for custody can she do that .
G3 12/01/2018 at 6:44 pm
I am an American dating my fiancé who is a citizen of the U.K. She has had a child by her ex but was never married. Currently, she has physical custody of her son (he lives with her) but has joint custody with the child’s father. (Shared visitations etc). Now that I am in the picture (with a marriage date in the near future) is it possible to move the child to the U.S. to live and stay? Do we need proof of marriage in order to do so? What type of factors would need to apply in order for the child to move locations/residency?
ChildSupportLaws Editor 12/01/2018 at 1:44 pm
You cannot hand over 'full parental custody' as a parent, as you still have parental responsibility of your children. So I'm not quite sure what your ex is asking of you. You can come to an agreement via mediation where both of you agree the terms to your arrangement. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and help you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. Outside of court, this is the only way to come to an agreement (unless done on mutual understanding), or via court. However, court is always seen as a last resort and mediation is the preferred way of coming to a child arrangement agreement.
ChildSupportLaws Editor 12/01/2018 at 11:53 am
I am very sorry to hear this, on all counts. Your husband would have to apply to court if his ex has left the area. If he does not have any forward address, he would have to apply for a C4 form which is an application for an order for disclosure of a child’s whereabouts. He can fill this in with his C100 contact form, in order to apply for access to see his daughter. The C4 form will allow the courts to put a trace on his child, so that he can bring the matter to court. If your husband cannot afford legal representation, he can self-litigate. Many non-resident parents self-litigate after Legal Aid was withdrawn. Litigants in person must be treated equally before the law and have equal access to justice and judges have a duty to ensure a fair trial by giving them due assistance to achieve this. The site; Separated Dads, which is one of our partner sites, will be able to help further. There is a well-run forum which dads can join to get extra help and advice. I hope this helps.
Precious children 12/01/2018 at 4:22 am
Hello,
Me and my children's father have separated over 6 years ago and the children have been with me as their father had been living abroad.
We have now come to an agreement that they will move to live with him and he requests I hand him over parental custody.
He has never handed me full parental custody, as I didn't see that as necessary, but he still demands it and I feel very pressured but am very afraid that if I do give him full parental responsibility that I won't have ever have anything to say about anything with regards to them.
Is there a way for me to hand him some official document that states he is their current custodian but with without losing all my parental rights and so I can just have him to back off after this many years of abuse which have caused me a great deal of mental health issues.
Thank you
Dahlia 12/01/2018 at 12:51 am
Hi, I’m in desperate need of help in regards to my 2 children. My ex and I separated Oct ‘13 & divorced in May ‘14. Our 2 Children stayed with me until March 15 when my ex got a ‘prohibitive steps order’ sighting I was neglecting 1 of our children’s health needs, T1 diabetes. He got temp custody of our children and I had a nervous breakdown, this was my 2nd as I suffered my 1st in Oct ‘10. I myself suffered an abusive childhood and my ex knew all my insecurities, weaknesses and triggers that cause me the most mental damage and self loathing. Cafcass were involved via family court and I explained openly and honestly about my mental health issues and about how my ex had & continues to use my insecurities against me. I also advised them that the only reason he wanted to full custody of our children was to enable him to relocate with his new gf and not have to commute as he then was.
Due to the removal of legal aid in family court I couldn’t afford a Solicator and had to represent myself. I wasn’t ever prepared for all the untrue accusations my ex used against me. He couldn’t prove any neglect of either of our children by me and I provided 3 letter from social services from after he’d previously reported me for locking our kids in their bedroom, not supervising them when they played out, etc, social services visited me each time and saw for themselves that none of the bedrooms had locks fitted, my home and gardens have cctv enabling me to watch the kids from my phone anywhere within our home etc and they stated the had no concerns at all regarding my ability to care for our children.
The day before our final court hearing my ex ensured I discovered something that would not just hurt me but would also ensure I would have another breakdown, which I did. I ended up in police custody for the day for my own protection.
As I did not attend court the judge ruled that our children could continue living with my ex. Within 6 weeks he’d moved into with his gf. He never gave me the address. My mental health took a dark turn. I have since lost my car and I’m living on £50pw. My ex is £35 each way in a Taxi. I am meant to have our children alternate Saturdays and Sundays plus from school collection until 7pm 2 days a week. Having no car or funds for taxis I’m unable to collect them from school twice a week, as well as suffering with mental health issues I’m also disabled and have been for over 30 years, I have limited mobility, my ex says I’m letting our down as I should get a train, Taxi or whatever to pick them up from school and spend 3 to 4 hours with them basically walking the streets as I don’t have anywhere to take them where he moved to, in fact I know nothing of that area.
If I do not change the days he requires he stops me seeing them. I’m not allowed to text, email or speak with them at all and they cry every time I see them begging me to bring them home. My ex and his gf spilt up 6 days before Christmas and she kicked my ex and our 10 & 7 year
Dmc 11/01/2018 at 11:07 am
Hi there,
We need some help and guidance regarding my husband's little girl.
My husband got to see his little girl 3 weekends a month he adores her and she adores him. This is an arrangement made by themselves. His ex lived 5 minutes away from him so it was easy to stay in contact.
We became pregnant at the end of 2016 and had a traumatic time and eventually lost our baby, because all of this was happening my husband contacted his ex and explained that for one particular weekend it would be best not pick his daughter up as we were going to be at hospital all day.
His ex has stopped him from seeing his daughter as she believed that we should have had his daughter on that day no matter what the situation.
As if this wasn't all traumatic and upsetting
enough she has up and left with her boyfriend and daughter and moved without any forwarding address.
We don't have a great deal of money for solicitors and she knows this and has us over a barrel. She has also blocked any communication that my husband had with her to arrange to see his daughter.
Please can you offer any advice?
ChildSupportLaws Editor 09/01/2018 at 3:24 pm
Despite all you say, it is rare a court will opt to transfer a child from one parent to another without very good reason. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Consistency and stability, no matter how haphazard, may still be considered preferential by the courts than moving a child away from one parent to another without serious reason. The world isn't a perfect place and not all parenting is perfect, your child's mother may have to work or change jobs or homes, but that is not deemed a punishable offence. You could volunteer to have your child more, and/or suggest mediation if you think she cannot cope. Court is always seen as a last resort where negotiation and mediation has failed and no other resolution can be found.
MP 09/01/2018 at 1:37 am
Hi there, I need some advice regarding my daughter. Her mother and I divorced last year. Up until the middle of 2015 I had my daughter every morning before school and every evening afterwards as her mother showed little to know interest. When her mother moved out in March 2015 she asked if she could have my daughter 4 nights a week around July of that year. I found this was due to gaining benefits and the rent for her house. Since then she has moved 3 more times and last week moved into a house with a new boyfriend who she’s been with for a few months.
I do not even know this man, have never met him and only found out about the move days before it happened.
My ex-wife has never really shown interest in my daughter other than as a source of income.
I am extremely worried for my daughters emotional well-being as her behaviour is fine when she is with me Wed 3pm - Sat 6pm but changes dramatically when she goes back to her Mother. He life with her Mother is a jumbled-mess of house moves, new partners, a new half-sister and generally being moved pillar-to-Post to accommodate whatever job her Mother has at that time. With me she has routines, structure and stability. It is a very settled life with me, my partner, my daughter and her future step-sister. I have a large log of incidents that I feel show the irresponsibility of her mother. One of which was driving her around in a car with no insurance!
I just need advice on how I may proceed legally and whether I would have any hope of custody should the instability continue.
Many thanks.
Unique--- 05/01/2018 at 12:17 pm
Hello there,

I am trying to cancel my 5 year olds passport. His father and I broke up 3 years ago now. I have tried to just cancel it, but unfortunately at the time he was the one who signed for it so I was told I was unable to cancel it. My sons father has not seen our child for over 7 months now and I don't know where he is. He no longer has any contact with his family either. All I would like to do is cancel my sons passport as either he kept it or it was lost. Either way all I would like is to cancel it so I can get a new one done. I have been told about solicitors, but as a single mum I really can't afford going down that route. Thank you for your time.
ChildSupportLaws Editor 04/01/2018 at 2:22 pm
I can only suggest you speak to your ex directly, as mediation would have to be explored before you would be allowed to apply to court. Your best course of action is to be supportive and perhaps request shared-care of your child, if your ex has difficulties. Much depends upon what the circumstances are surrounding your ex and why you feel she cannot look after your child. You may also wish to speak to Social Services if you are concerned and/or take legal advice in order to explore your options. However, if you can come to a mutual negotiation regarding what you both think is in the best interests of your child, then this is more beneficial than dragging the matter through the courts.
ChildSupportLaws Editor 04/01/2018 at 12:06 pm
You don't say whether a court has issued you with a visiting order as part of the court order, or whether access was refused in court. We would have to know more regarding what the court order stipulated with regards to access in order to be able to answer your question.
Leon 04/01/2018 at 12:57 am
Hi,me and my partner have a 6 week old daughter and have broken up I am wanting to go for custody she lost 3 children to neglect in a previous relationship and I don’t think she is fit to take care of our baby how would I go about doing this any advice would be useful thank you.
Just juice 03/01/2018 at 1:25 am
I have 5 years old son who has been placed with his dad. Although I want my son back home, I can't till court decide, so I want visit with my son but yet now his dad is "emotional blackmailer" . How do I go about in right manner without causing nuisance
Blossom 31/12/2017 at 8:54 pm
Hello I am 17 year old mother to be in June 2018 and I am still with my baby father an I would like to have custody of my child as he hasn't proved to me that he will be a fit father to be as when I go home to see my parents until 10 then he walks down to mine to walk back to his while I am not there he will smoke a lot of weed with his roommate an I always cry upstairs in my bedroom because of what he will be doing when my child is here and hoping my child don't follow his meant to be father I can't take any of it any more but if I knew from the start that my partner smokes that stuff I wouldn't of got with him in the first place and also he didn't smoke any of it until his new roommate moved in at the beginning of 2017 and since then he has been smoking too much of it and also drinking alot of alcohol and I mean a lot of it and we was also planning on moving in together with our child bit now I am having second thoughts about it instead I am going to live with my parents an two younger brothers as then I am living in a family environment and will have help at the same time as it would be my first of looking after a newborn child of my own and also I am afraid to tell my parents what he does behind closed doors when I ain't there but also his roommate sits in the living room with us at my partner's place and smokes a splif around me an it me who gets told to leave the room so my partner can just sit there all night smoking the dirty stuff with him please can someone tell me what to do cause I can't keep living like this no more and if I tell him how I feel he gets angry with me.
Asking for advice 31/12/2017 at 7:50 am
Hello could I have some advice.
My husband and I have two children and he also has a daughter from previous partner. (my step daughter.) She lives in Nottingham with her mum and we live in SE Kent. Me and my husband do all the travelling to bring *** down and take her back to her mum. My husband does also pay CM and any extra bits and pieces when needed.
They have always had a private agreement. No court etc needed. However recently mum has been messing us around... asking is to pick *** up from different places. And letting us know / changing things last minute.
We do not get to see *** as much as we like due to amount it cost to get her and bring her home again. Her family has also turned very nasty towards us.
My husband wants to get a solicitor and ask mum to help towards travel. We are happy to go get her and bring her here but if she could meet us at London train station she can take her back home again. Does this sound fair ?
SadDad 27/12/2017 at 6:36 pm
So I have a 5 yo son with an ex, we both went our separate ways and both have new partners and both have a new baby too.

I have had my concerns about the ex’s new partner as he currently is not allowed access to his child from a previous relationship. Also last summer I had a call from the ex to say he had been arrested for attacking her! After all the horrible abuse and mistreatment I got from her family, instead of being on the offensive about this new abusive partner, I was supportive.

As long as he was no longer around my son that’s ok.

They’re now back together and my son gets very upset before he goes home every week.

I get 2 nights a week with my son and was wondering what I can do about this
Worrieddad 26/12/2017 at 4:50 pm
My Daughters mother and I had an agreement (not exactly ideal but it kind of worked) however she is now living with a new bloke which in itself is absolutely fine however on more than one occasion now he has refused to let me have my daughter on my agreed day, on both occasions I have been given access later that day but I am furious that some other guy is telling me that I can’t see my daughter.
My daughters mother and I don’t live together because I left due to the fact that she was violent and in more than one occasion had hospitalised me and had to be arrested.
I had no choice but to leave for my own safety and she has never hurt the kids (she has a child to a previous relationship), in leaving I lost my
Home and had to move back in with my
Parents at 33, I now have my own house but since it’s been 3 years where it was not possible for me to provide an alternative home for my
Daughter I feel it unlikely that a court would give me custody (British courts always favour mothers).
Cindy 23/12/2017 at 9:02 am
Hello just wondering if you can help me with my questions I am from Czech Republic and married to English man we married after our first daughter was born but she have his surname and the we have our second child and he have his surname aswell . Just wondering if we ever split up how have the kids in custody? Thank you
saff 22/12/2017 at 10:38 pm
Hi im after some advice my partner and his ex have a court agreement that states he has his daughter every other weekend. Now the problem is 7 times out of 10 he isnt getting his daughter this is a constant battle and has been from the start she is 11 now and we are wondering what we can do next. The police told him they cant do anthing about the court agreement and that he would have to take her to court but we dont have the money to do this. Any help or advice would be much appreciated
ChildSupportLaws Editor 21/12/2017 at 3:41 pm
I am sorry to hear this. Much depends upon whether your husband has parental responsibility, in which case this should be negotiated with the grandparents. Likewise, much depends upon how old she is, whether she is old enough to have a preference, whether your husband has figured much in her life to date, and/or whether there is any guardianship provision left in the will. Your husband may wish to speak with her grandparents to try to come to an agreement regarding where the child should live. As in all cases, the main consideration should be regarding your stepdaughter and what your husband thinks is in her best interests. If her schooling, friends, other family are at her grandparents, then this should also be considered. However, if your husband does have PR, then he does have more in the way of parental rights then the child's grandparents.
Kay 21/12/2017 at 1:16 pm
We are after some advice please.
My step daughters mother passed away the other week and she is staying with her grandparents at the moment where her and her mother lived. My husband and I want her to come and live with us and our children but not sure where we stand or how to go about getting her here. Can anyone please advise us in how to do this.
Many thanks.
Troubled 20/12/2017 at 11:17 am
Hi I was in a violent relationship and I had my 3year old daughter living with me and left my partner ,got granted a non molistation order when I fell pregnant with my second child , my order ended in February this year 2017 and it's now December and my ex partner is wanting access to my daughter who is now 2years and 4mnths old will he get granted contact
ManilaTaz 12/12/2017 at 11:20 am
Me and my daughters mother only see each other at weekend and our child is with me full time and when her mother is at our house all she does is go out and by second hand stuff to resell on ebay and spend hours in the bedroom away from her daughter doing her selling even if we are out for the day shopping if she has our daughter she will call and tell me to collect her as she cant do her business stuff so I collect our daughter and then she will return home latter. for 4 years my daughter has lived with me as her mother work in the week is far and she live where she works.
ChildSupportLaws Editor 11/12/2017 at 3:40 pm
You may wish to speak to Woman's Aid, , which may help further, as it sounds as though you may need some direct support. It also has a freephone 24hr National Domestic Violence Helpline with trained advisors who can offer direct advice and support.
Truffle 10/12/2017 at 6:51 pm
I really need help my partner smokes week day in day out and comes to bed a silly o'clock and he has a "work from home" job but is really gambling his dads money and a site and said it's not gambling when you always win, he didn't support me through my pregnancy and he goes in to everyone that my daughter and I are his life but behind closed doors he just sits there on his phone he is abusing my mentally and I feel as if I'm trapped here otherwise he's going to come and find me and I scared he'll take my daughter away, his dad and mum are alcoholics and he goes out and leaves my daughter and I EVERY Sunday and goes to the pub with his dad from 11 -5!! He says he only has 4 pints but he stinks of booze and gets really confidant and he actually scares me and he stinks of booze! And then he'll fall asleep on the sofa and get really defensive if I say he's drunk there's to much drink and drugs around my daughter and the mental abuse is tearing me apart he also abused 2 of our dogs and used to hit 2 of our cats! I fear he killed my kitten when I wasn't here he thrown her at the wall more than once We have one dog left because I've sold them all to have a better life, he don't walk the dog! He poos and wee's in the flat and it stink of urine and poo and it's making myself and more importantly my daughter I'll!! if I go to court with all evidence of weed and the dog will I get custody of her and not have to live in fear?
ChildSupportLaws Editor 07/12/2017 at 2:19 pm
You can see more via the gov.uk link here which will explain the process you need to go through. We cannot comment on your ex's lifestyle this would be something the court would decide upon regarding what it thinks is in your child's best interests (should the matter go to court). As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. However, court is always seen as the last resort and mediation should be considered first before your ex or you would be allowed to take the matter further. If you feel you wish to apply for a child arrangement order, then you may wish to seek some legal advice.
Izznic 05/12/2017 at 5:28 pm
I need advice, my child is about to turn 1 and her father and i split up for a number of reasons, whilst i was pregnant he was dissapearing for 4 or 5 days at a time, he was drinking and taking drugs heavily and was also meeting other women behind my back. I kept giving him chances as i wanted a proper family life but then one night he came home at 4 in the morning very drunk (this was when my daughter was already born) and when i wouldnt let him in he started trying to kick the door down screaming at me and threatening to burn the house down. He eventually go inside and fell asleep downstairs, and then next morning i packed his things and asked him to leave, he started punching doors and walls and started trying to grab my daughter from me. I shut myself in the attic and had to ring my mum to come and get my daugter because i was scared for our saftey. He calmed down when my mother got here and she took my daughter and told me to come with her. She left me with him whilst i packed a bag and then he started punching doors and walls again before i finally left. At no point did he hurt me, but we are no longer together but as i have told him i am not going to let her spend the night at his house because im scared that he is volatile (he sees her every weeknight at my home currently) i have letters to prove that he has attended alcohol councilling and he already has criminal covictions for fighting and racial charges. Is this enough to make a court rule that she lives with me full time? I am terrified that if he takes me to court she will have to stay with him a couple of nighta a week at least and i am so scared that she might get hurt or he will neglect her i just really need to know that she can stay with me, he is not necessarily a bad person but he has had a tough time in life and that is very apparent with his behavior. When he spends time with her he has often not turned up at all or turned up smelling of alcohol, and he just sits on his phone and pays her very little attention. He also smokes in his house, and i an tea total, do not smoke and i am a full time student studying from home so i spend all my time with her. Also his friends often go to his place and a few of them are drug dealers, and nearly all of them take drugs and drink heavily. Any advice would be very much appreciated
Kkings 03/12/2017 at 7:21 pm
Hi, I have a little girl aged almost 18 months. I split with her dad before she was born because he was just cheating and lying, all we did was argue and it wasn't healthy for me or my unborn baby. He is an aggressive and verbally abusive person, who uses drugs like cannabis and has used cocaine in the past heavily. He also drinks, and his wife also smokes cannabis in the house. While he was trying to get back with me he was around and he helped out a little but was still very unreliable during the pregnancy. A couple of months before my daughter was born he found a new girlfriend who is now his wife, which was fine by me, but that was when he stopped bothering about his daughter. After my daughter was born, he allowed the girl to get involved and write me nasty messages, demanding that I let HER near my child, as she didn't trust him to come to my house to see our daughter without her. She decided that I was stopping him, when in reality I was stopping HER because she had been genuinely so nasty, sent me death threats and spoke badly of my child. He has since completely refused to see his daughter simply because I won't allow that girl to see her. I've offered the contact centre on at least 5 different occasions and provided him with paperwork to fill out for contact, I also offered mediation, which he also refused straight away as it wasn't going to involve his wife, just like the contact centre wouldn't have involved his wife. There are numerous police reports for harassment and stalking and disturbing the peace at my home address, they were once removed by police from my front door. They since married and their son was born in February. He has seen his daughter maybe a handful of times since she was born, and she will be 18 months at the end of the year. She is very scared of him, because she doesn't know him at all. She becomes extremely distressed at the sight of him, which we witnessed in the summer on her first birthday, which he forgot!! He doesn't seek contact, he doesn't support her at all, he doesn't ask about her and he doesn't provide her with anything, but at the same time he refuses to cooperate in registering my daughters citizenship and completing her passport application. She's a British citizen because he is, and I have a settled status (I'm an EU citizen who's lived and worked in the UK for 9 years and 7 months exactly) but I simply cannot register her properly because he's refusing to sign anything and to provide his relevant details/papers. I'd like to get full custody and ideally completely remove him from her life, because he's not adding anything to it as it is, so I wouldn't be taking anything away...it's sad and it's not what I wanted for her but I am confident that she is better off, and so is everyone else who knows the full story. My question is, as a single parent currently on benefits, income support and child tax credit, what steps do I need to take as I cannot afford a solicitor but I have b
NadaJ Editor 01/12/2017 at 2:56 pm
@Lara - if you take your kids and move out, just because your husband is a lawyer, it doesn't mean he will be given residency of your children. It is rare a court will take children from a resident parent, regardless of what their financial position is. If your husband is a lawyer, then presumably you have assets and he has a decent income, in which case as his wife you would be entitled to half of those assets (which are yorus through marriage and because you have children together). Speak to someone like Women's Aid who will help talk you through this.
Lara 01/12/2017 at 2:43 pm
Someone help me please!!!
I need help, my emotionally abusive partner is a lawyer, I’m stay at home pregnant mom of 1 (soon 2). I want to escape this marriage but I have no where to go and I have no money to pay for a representative in court. He threatened to make sure “I won’t see my daughter again”, because he knows people and is in a position of power. What do I do? I’m desperate for help, can he really take my child away from me, since I’m not earning?
Lara 01/12/2017 at 1:26 pm
I need help, my emotionally abusive partner is a lawyer, I’m stay at home pregnant mom of 1 (soon 2). I want to escape this marriage but I have no where to go and I have no money to pay for a representative in court. He threatened to make sure “I won’t see my daughter again”, because he knows people and is in a position of power. What do I do? I’m desperate for help, can he really take my child away from me, since I’m not earning?
ChildSupportLaws Editor 01/12/2017 at 12:23 pm
I'm afraid, your only recourse is to apply to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
sunzon 29/11/2017 at 11:09 am
I am a married woman, but have lived separately from my husband for over 10 years who is unwilling to sign the divorce papers. Now I have a five year old daughter with my new partner, however, he is in a bad financial situation. He does not disclose to me in how much debt he is, but debt-collectors are frequently calling our house. I am a full-time house mother looking after our daughter, but the situation makes me feel insecure and unsafe for the future of my daughter. However, my partner does now allow me to move out with my daughter and he says if we cannot solve it, he will through the solicitor. Do I have any chance of getting custody over my child? As I am still legally married will this affect my chances? I am very desperate as I really do not want to leave my child in an unsafe environment!
ChildSupportLaws Editor 28/11/2017 at 10:26 am
If you are the day-to-day primary carer of your child, then it is highly unlikely a court would choose to remove your child from you and hand her over to your ex unless there was a very good reason. You don't say whether your ex has access to your child. I suggest, if not that you make an agreement through mediation as a way of coming to a decision you can both work with. Trying to agree access between you is by far the best way to avoid situations such as this becoming inflammatory. Threats of taking the matter to court for residency, usually stem from the fact that one parent is attempting to keep the child away from the other parent. Remember, there are two parents in every relationship and trying to negotiate a way you can both work together for what's in your child's best interests is always the best way forward.
Mummymason13 27/11/2017 at 3:31 pm
Me and my partner have split up it was a pretty nasty breakup,my partner has mental health so he can get very aggressive, which I couldn't cope with anymore, he's also amazing at mind games ,he's saying he will get full custody of our 3 yrs old daughter now I know he is not capable of looking after himself never mind a child, can he take her from me.?? Do I stand a chance in court?
Lsmith 23/11/2017 at 9:51 pm
Hi, my partner sees his daughter every other weekend, he always asks her mum for her more but is never allowed. He would like to go for 50/50 custody. His daughter has been asking for years to live with her dad and is very unhappy at home. What would you advise how to start this moving please
Lil 23/11/2017 at 12:55 pm
My ex partner constantly smokes weed and he doesn’t have any he kicks off try’s to kill him self but I have new born baby I don’t reallt want him having anything to do with it
ChildSupportLaws Editor 21/11/2017 at 3:37 pm
If the matter goes to court, it is highly unlikely the court would remove your partner's child from a stable home environment unless absolutely necessary. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. If the child is happy in his home life, then the court will not attempt to disrupt it.
ncrbrts 21/11/2017 at 12:49 pm
My ex and I split 3.5 years ago. We have had a contact arrangement in place (not done through court) for 2.5 years which he has never been consistent with. It has been worse in the past few months with him finding every conceivable excuse to cut his days. I have Autism and I find it so difficult to communicate with him, especially since he can be economical with the truth a lot. My mother has warned him that he has to be consistent for mine and my son's sake, but he doesn't seem too bothered. I am reluctant to see a solicitor as the last time I did she told me if I got the court involved, they would almost certainly give the father full custody because of my autism and associated MH problems - dad would see his son put into foster care first rather than take him full time as happened with his other son 20 years ago... My son was removed from my care under a voluntary arrangement in 2015 and his dad refused to take him then (my mum and dad had to step in). I have found out mediation would cost a lot of money (which I don't have) and I can't guarantee that dad would participate anyway. How do I solve this problem?
Lozza 21/11/2017 at 10:55 am
My partner has had full custody of his 8 yr old son since July 2015 as his ex rang him and said she could no longer look after him. It took her a year before she started having regular contact with his son again and now that she feels she's in a position to look after him she wants him back full time. For the first 2 months that she didn't have him she carried on claiming child tax credits and benefit. She then never paid a penny towards him until my partner took her to the csa last nov. She wants to go through mediation as she believes she can offer a better life for him. He has lived in a stable family environment with my own children for 2 1/2 years and has no problems at school in fact hes doing really well. What are the chances of this going to court after mediation?
Worried aunt 18/11/2017 at 11:30 pm
Hi
My sister has a 9 year old daughter who has lived with her dad since she was 1.5 years old.

After lots of arguing and police involvement they managed to go to court and she got a joint custody order.
They are supposed to share 50/50 but her ex determines everything.

When how when and dictates Xmas and birthdays holidays and everything. The school won't allow my sister involvement in parents nights or shows or anything and has been fighting with them for years.

My sister wanted a councillor to visit her at school but school won't do it without the exes permission.

Is this right? Can he have total control of everything although my sister has 50/05 custody and if not how do we change the schools attitude and prove that she has these rights.
R#bates 17/11/2017 at 11:01 pm
I separated from my ex wife nearly 7 years ago. We have 3 children together. My son is now 16 and my two girls are 13 and 8. For the past 6.5 years we have shared custody. I have them 6 out of 14 nights as the ex wouldn't allow me to have them 7 out of 14 nights and at the start (when the separation first happened) my son refused to stop at mine on a couple of occasions in the first few months. Anyway it has worked well for past 6.5 years and after the first few months my son was settled into the routine and didn't complain about staying with me. In the first contact from her solicitors it did state that I had them less but in later documents it stated I had them 6 out of 14 nights.
Anyway we got divorced 5 years ago and I have since remarried. Since I've got remarried (May this year) my ex started texting me saying that I cant have them on some of my weekends as she has plans. In June she also took all of them on holiday during term time without even checking with me or the school. She's has also text me and told me when I can and can't have them over Christmas. She says I don't have any say as she's the main career as she has them 1 night more than me. I receive child benefit for my son but she receives it for the girls. I agreed when we first split that I wouldn't claim any other benefits as this would effect how much benefit she received. We BOTH buy the kids clothes, Inc school clothes we split costs of school trips ect.
Anyway as she keeps changing things , 4 weeks ago I asked if we can go to mediation as I would like to get things set in stone as it's not fair to keep changing the plans that have been stuck to for over 6 years. She kicked off and has told our son (without me) on his 16th birthday that as he's now 16 he can choose where he wants to live. I totally disagree with this as my son hadnt questioned the current arrangement or said they aren't happy or that they want to change where he stays and when! It's not fair to put that pressure on him especially now he's just about to start his GCSES. Plus it should be something that is discussed jointly first not just because my ex is trying to play games because I have suggested mediation. The ex is also now saying that the original solicitors docs say I had them less so she will go back to this even though for the past 6.5 years it's been as stated above.
I have tried to tell her that im not suggesting mediation to change arrangements but just to get it more set in stone.
Please help is she going to stop me from seeing my kids, it's been driving me mad for weeks as I can't afford to see the solicitor again until after Christmas
Smithy 14/11/2017 at 10:17 am
My partners ex has just been arrested for a violent crime, she wants to know if that is grounds to seek sole custody and retraining order on him for my safety. If. So, how do we start the process? If not, what can we do to ensure his access to the children is safe? Do we need to have attended visits etc? How do we do this?

Thanks
ChildSupportLaws Editor 13/11/2017 at 11:36 am
If you have a residency order, then your child should officially live with you. If your ex keeps your child outside the residency order, then he is in breach of the order and the police may be able to return your child to you. If your ex wishes to challenge the terms of the order, then he should refer the matter to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws Editor 13/11/2017 at 9:26 am
By the natural fact you are the primary carer of your child you have 'custody'. Do you feel your ex may harm your/his child? There is a massive difference between being mentally vulnerable and having a nervous breakdown and having the will to harm your own child. Only if you feel your ex may harm his child should you seek a child arrangement order, Otherwise, it may be that your child's father is unwell and unable to make contact, which is completely understandable if he is going through a particularly emotionally and psychologically difficult time.
Louise 12/11/2017 at 7:35 pm
My 16 yr old had an argument with me she stopped the weekend at her fathers & they both came tonight saying she wants to live with him & he says at 16 I can’t stop her .All the problem is is that I make her do chores .i have residency order is this true
Unknown 12/11/2017 at 3:07 am
The father of my child had a nervous breakdown earlier this year, and I won’t go into the details but he eventually ended up in a homeless shelter in Chicago (he is American). Prior to his breakdown, he was caring for our son who was 16 months old at the time while I was working.
My ex left the country 6 months ago, he hasn’t been in touch or asked about his son for 2 months of that. How do I go about seeking full custody to protect my child? I am scared that his father may find a way back to England and still be in an unfit mental state. Thank you
ChildSupportLaws Editor 10/11/2017 at 11:05 am
Generally it is the person who is the day-to-day primary carer of the children, who remains the carer of the children. A court will rarely hand children over to the other parent to care for the children, unless there is a very good reason. Your friend may wish to seek legal advice regarding pursuing this issue. However, before any court order can be allowed, mediation has to take place first. We cannot comment on whether your friend would be allowed residency of the children via court, this would have to be assessed through Cafcass and decided upon by a judge. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws Editor 10/11/2017 at 10:15 am
Generally, it is the parent who is the day-to-day/primary carer of the child who is given preference.
Immigration issues, 09/11/2017 at 4:28 pm
Im the father of a 2year old daughter, my current partners documents visa has just ran out, shes suppose to go back home but is saving our money to renew her passport and then leave me. Personally dont want to be taken for a fool, so who has child custody in u.k. the father, me who has a job, a house and residency. Or my partner who wants to leave me and is currently illegal.p but wants child custody anyway.
ChildSupportLaws Editor 09/11/2017 at 3:22 pm
You would have to suggest mediation to your ex in order to attempt to resolve the matter outside of court.
Anonymous 08/11/2017 at 10:32 pm
Splitting from partner of 5 years, daughter is 4. Trying to arrange visits as he works all the time even for Thursday till Sunday. but he wants her full time. however she would want to stay with me as I have been the main parental role in her life, how would I go about this situation ?
Sara 08/11/2017 at 10:22 pm
I have a friend who has just split with his emotionally abusive wife, they have 2 kids together and she has remained in the house he is paying for. They will be going through a divorce and currently are having equal time with the children however she always threatens him that he will never see them again. Whenever he has his time with them as well she is constantly calling (every few hours asking to speak to them). He sends her money every week, she has never worked and the children are 6 and 4. She would even withhold them from going to school - as she doesn't drive it's the fathers family who picks them up every day and drive them to school. My friend and his family have always cared for the children, she is emotionally unstable and relies heavily on antidepressants as well as benefits. What grounds would he have to full custody? She is also sending him abusive messages every day - to him and his family.
ChildSupportLaws Editor 07/11/2017 at 10:38 am
Before your husband can take the route of custody, your husband would have to have to try to discuss his concerns with his child's mother directly. If she does not respond, he could push for mediation as a way of trying to bring these issues to light and resolve them outside court. For instance, your husband could request that if his ex is struggling to care for his son, then his son should come and live with him and you. Your husband could bring to light his truancy and unruly behaviour and lack of home care as a good reason. Court is always seen as the last option. However, if your husband thinks his child is being neglected, , he also may wish to seek professional advice regarding his options. Discussion first is key, but if at any time he feels he needs to step in, then he may have to take the issue to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. As a rule the court will try not to disrupt a child's life, but in some cases it may be necessary for the welfare of the child.
Rividar 06/11/2017 at 7:12 pm
My husband has a child from a previous marriage and currently his son lives with his mother however we have concerns over his welfare. For the past 18 months he has been truanting from school, we don't believe he's being bullied as we've asked him multiple times and we have tried to inplement rules that we all stick to however his mother is not consistent and doesn't seem to care. He can be left on his own in the house from 7 in the morning until 9.30 at night with very little to eat. He is 14, so not a very young child but still a minor nonetheless. She doesn't cook so he doesn't have the best diet either and we really feel he would be better off living with us because his education and health is at risk. She's also suffered with mental health issues in the past. We live 100 miles away from them as she moved away after the divorce. Where would we stand with trying to get sole custody of him and could this be a lengthy process? We don't want his education to be impacted negatively anymore than neccessary given he is coming up to very important years, so would like there to be a quick and smooth transition for him if getting sole custody is achievable
ChildSupportLaws Editor 06/11/2017 at 12:17 pm
It is highly unlikely a court would move a child from your care and from your home country to the UK.
Sophia 06/11/2017 at 7:54 am
Hi I came last year to the UK as a student to finisj my bachelor. I got pregnant earlier this year with a man I met shortly before. We lived together but after many incidents I decided it's not a healthy environment for me and moved out. Since I'm pregnant I asked for a suspension from the University which I will restart in October 2018. In the meantime I am giving language lessons to support myself but need a bit of help from my parents also. I don't know if I should stay here or go back to my home country and have the baby there. I want the father to be part of the childs life and I want to stay in London but I'm afraid that in my situation (not currenlty studying and not able to work) I may risk him fighting for custody. The relationship is difficult and his mood changes a lot so I don't want to risk seeing myself alone and unsupported here or without any rights. I'm very confused regarding what is best to do in this situation and I still have time to have the baby at home and then come back a few months after or when I restart University. I just want to make sure I'm legal here even in this case of interrupted studies and a side job as I physically can't do more.
Natasha 04/11/2017 at 5:35 pm
Hello,
I am living outside UK and i have my child custody in my home country but my ex who eorks in UK threatens me that he applied for a court order and he got my child custody
Is this possible
ChildSupportLaws Editor 03/11/2017 at 11:17 am
If you can, this would have to be agreed between you mutually. Talking to your wife and voicing your concerns about you not wanting your daughter subjected to this man, is your first option. If you still cannot both agree, then suggesting mediation would be your next option to try to resolve the issue. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. If you both still cannot come to a mutual arrangement, then the last option would be to apply to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. If you have any evidence of this man's assault on your wife and/or if he has a police record, this will help your argument for co-parenting or residency of your child.
ChildSupportLaws Editor 03/11/2017 at 10:59 am
In order to be allowed to apply to court for access arrangement over the children, you would firstly have to consider mediation as a way of trying to resolve any issues you cannot agree on. Otherwise, it is up to you and your ex to agree an access arrangement mutually. Court is only ever seen as a last resort.
SouthernManc78 02/11/2017 at 12:21 pm
I am in the process of separating from my wife and we have a 6 year old daughter, the reason for the separation (and divorce) is she has been unfaithful having an affair with another man for several months. The affair ended because he was violent towards her and assaulted her several times over a period of weeks. We tried to reconcile our marriage but it has broken down again because I found out she is again back with this same guy who abused her, I know she needs professional help to be able to be strong enough to not keep going back to her abuser but that is something she isn't open to. Either way we are separating, my question is regarding custody of my daughter and how likely I am to get sole custody if I try based on the fact she will be in a relationship with an abusive man and I don't want my child to be around that environment
Tasha 02/11/2017 at 11:36 am
Hi I've just gone through a divorce with my ex under unreasonable behaviour due to his drug taking while we was together and shouting in the presence of the children. I'm just wanting to know IF we was wanting to go to court over rights of the children which I don't want to do but he thinks just incase it does happen will the divorce reason affect a clear hearing for him in court over the children. He is a great dad to the children which I will not fault. the reasons in the divorce were between the relationship with me and him.
Thank you
ChildSupportLaws Editor 02/11/2017 at 10:45 am
If you can prove your son's father is an alcoholic, then it is highly unlikely a court would allow unsupervised contact. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Gemma 01/11/2017 at 2:34 pm
My son is 7 Months breastfed and has never been left alone with his dad who is an alcoholic. We separated 3 months ago and now my ex wants to take me to court. Will I made to let my son stay unsupervised with him?
ChildSupportLaws Editor 31/10/2017 at 10:13 am
It is very difficult to predict what a court will decide. If your sister is the day-to-day primary carer of her children and she can provide proof that she can give the children a good life in France, then there is no reason why the court wouldn't allow her to take the children, especially if her visa is due to expire and the husband has been asked to leave the country also (if I have interpreted this correctly). If she just keeps in mind that, as in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws Editor 30/10/2017 at 3:50 pm
Mediation, is your only option. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides.
Sardar 30/10/2017 at 3:06 pm
Hi

My sister is in uk on spouse visa her husband is french national and kids as well are are under 10years of age. My sister visa is expire and home affairs issue him leave the country notice while sister husband open a case against her and get step orders against removal of children from uk to france. My aister write an application to court that allow her to go to france where she got residence and as well as she can work and also she have access to public funds . What you think court will decide to aloow her to leave the uk to frnace with children please reply me
ChildSupportLaws Editor 30/10/2017 at 2:19 pm
You don't have to agree to anything that you feel is not in your children's best interests. Your ex's only recourse would be to suggest mediation as a way of coming to an agreement that suits you both. If you refuse to attend mediation, then your ex would have the option to apply to court. However, if your children's father has limited access to date, it is unlikely that if any access was granted through the courts it would be unsupervised. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order.
Gigi 29/10/2017 at 8:54 pm
I'm trying to negotiate with my ex regarding changing the time he has the our children so they can on club camps etc I feel this is an important part of their growing up to develop friendships. The ideas I have given him don't reduce the amount of time he has with this but he refuses to allow any changes. Can you recommend anything to help us?
Jonny 28/10/2017 at 7:55 pm
Hi my friend is in prison for a section 18 on a male and has to kids and him and his wife are now getting a divorce she has told him that she will get all rights to the kids and he lost all rights over them and can’t ever get any residency Over them and he has to sign them over to her and there’s nothing he can do about it please could you give me some advice on this so I can let me know where he stands many thanks
Worriedmom 28/10/2017 at 1:19 am
Hi.
When I was pregnant with my youngest of two children my partner became severely mentally ill. I stayed until my children were 1& 2 but things were really tough, I began suffering domestic violence, & there was no help for us from anywhere, so I eventually moved far away. For 5 years we did not see my children's father. I kept contact with his family, although none of them ever visited us, despite being offered lots of times, it was always down to me to take my young children to them. I would also try calling my children's father, I wrote to him, & when I visited me & his family would let him know, in order for him to see his children. Then he finally got sectioned under the mental health act. I am unsure of the final actions that led to him being taken into hospital as his family wouldn not tell me. He is doing well at the moment, and sees a social worker regularly, however, my children are now 8 & 9 & have only seen their father a handful of times in 7 years. He never gives any money towards their upbringing. And my children seem quite intimidated by him. He calls every once in a while to say he wants to come & collect them to take them to stay with him... there is a 3 hour drive between us. The children really aren't comfortable with this idea & neither am I. I have requested him to take me to court rather than trying to force me to agree to something that, I feel, is in no one else's best interests other than his. I understand it must be difficult for him, but he needs to understand that how the children feel matters more than how he feels. His family refuse to talk to me now, & in turn don't speak to the children either. I go to work, my kids are happily settled at the school they have always gone to, with excellent attendance, & lots of friends. I've been the sole person financially, physically, & emotionally responsible for their wellbeing for all these years. With no support around me as I felt I would only be safe if I moved far away from everyone & everything I had ever known. I cannot allow this for my children. Any advice is most welcome.
Jackie 25/10/2017 at 9:49 am
My granddaughter aged 5yrs has lived with my son since she was 2yrs old. He was not married to the mother.
She is happy and has a good support net work around her but her mother has now suggested that she is going to take her back to live with her, we are worried sick about this.
What are my son’s rights can the mother legally take her ?
ChildSupportLaws Editor 20/10/2017 at 3:44 pm
In the first case you would have to suggest your ex attends mediation in order to resolve the issue and if your ex refuses, apply to court for a child arrangement order, You may also wish to seek legal advice about how you can prove you have the child more than your ex is admitting to. However, you might also find that if you challenge your ex, she may decide to take your child back into her full-time care, if she has a child arrangement order specifying the child lives with her. Therefore, legal advice is recommended.
Catalonianuksp 20/10/2017 at 7:50 am
I had a short relationship with a British girl that lead in a child who's most of the time with me as my ex is always using excuses, she's also pregnant again , the thing is as she have the full custody I have to pay her every month even thought she doesn't have the child, what should I do ? How can I get his custody and end with this ?
Sweet 19/10/2017 at 6:59 pm
Hi i have a friend who had the custody of her child. And her ex partner is keep on doing what he wants eventhough he only have a certain hour every week he keep bring back their kid 1 or more hours late. He even said he can do whatever he wants coz he is his son. Is he even allowed to go to school without the knowledge of my friend? And the school didnt even told my friend about it. My friends ex partner was also been diagnosed of mental disorder and at risk to the kid thats why the custody was given to my friend. Now the kid just open up to his mum that he is scared to his dad . What should my friend do.?
ChildSupportLaws Editor 19/10/2017 at 10:52 am
Unless it is necessary, the court will not change the living arrangements of your child and if you do not have your child over the weekends, the court will not be unfair. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Loo 18/10/2017 at 4:29 pm
I'm trying to arrange school holiday arrangement with my daughters dad, she goes every weekend ( I use to work weekends when we was together) the only time I get with my daughter is school time, no days out, no holidays, I've split the holidays throughout the year and given 2weeks in summer holidays (probably over 2weeks) I sent him the arrangement but say's it's not fair, followed with abuse, I'm waiting a court hearing for a child arrangement order, now he's saying he wants our daughter 50/50 advise please x
ChildSupportLaws Editor 16/10/2017 at 3:16 pm
Your friend can only suggest her ex attends mediation where they cannot agree on an issue. There are no rules to say her ex cannot go off and do other things when the children are in his care.
Angryfriend 14/10/2017 at 12:57 pm
Hello!!

When my friend's ex takes their children for 'his' weekend, he makes plans to go off and do activities without the children, leaving them at home with his girlfriend. Is there any way my friend can stop this, and stipulate when it's his turn to have the kids, he should be spending time with them??
ChildSupportLaws Editor 13/10/2017 at 2:19 pm
The court has to have a very good reason why it would revoke parental responsibility. You may wish to seek legal advice regarding this.
Emmalou21 13/10/2017 at 11:38 am
Hi i have been denied contact with my daughter for over 3 years by her father and step mother they have since seperated and the step mother has applied to court for parental responsibility order over my daughter in court my ex stated he was back on drugs and only sees our daughter twice a week as he has left her in the care of step mother judge has ordered a section 7 report to be carried out on my daughter step mother and father of my child the judge and only asked me to provide a letter from my general practitioner to be provided at next hearing in the hearing on the 11th of october the step mother stated that she wants my daughter's fathers residency order taken off him and given to her as they do not know if they intend to reconcile their relationship the judge asked me if i wanted to apply for a residency order would this even be possible considering they have stopped me from seeing my daughter even though I've tried to see her? I did apply for a contact order but judge hasn't made any orders except for section 7 report to be carried out Any advice would be helpful thanks in advance
Mum2-3 12/10/2017 at 4:10 pm
Hello. I was divorced in July 2017. My ex husband has not seen his three children since August 2017. He has made no contact, I.e. birthdays, christmas, etc, and stopped paying maintenance in November 2017. It has been taken to the cms who have done doe directly from his bank account, until he got wise and stopped paying money into it. The courts have granted a liability order against him, however, he has boxed clever, and signed on. I now receive £13 a fortnight after charges. This man has no interest in his three children, emotionally or financially, and I would like to know if I can request full parental responsibility. My ex husband does not know what schools or colleges my children are at, has no knowledge of their recent medical histories, is not down on any 'emergency' contacts list, etc. The children do not wish to have contact with him, and I have made a clear expression of wish in my will that my children are not put into his care upon the event of my death. I have a property mortgaged in my name only, and have made reasonable allowances for my children to be catered for. Can I take this to court to have his parental rights revoked?
ChildSupportLaws Editor 10/10/2017 at 1:57 pm
If you are concerned about who will look after your child if anything happens to you, you can make a provision in your will. Before you write your will and name the legal guardian of your child or children you must first decide who you wish the guardian(s) to be. You must of course seek their permission to do this and discuss the matter at great length before any decision is reached. Making a will can be difficult enough but the process can be made more difficult if you do not have the consent of the individuals whom you name as legal guardians. You must include any written permissions from the guardian or guardians to be so that there can be no doubt or complicated wrangling with social services, courts and extended family members. It is important that the will reflects you and the individuals in question are in full agreement and that you are of sound mind at the time of writing. If you wish to apply to court for your child to officially live with you, then you can apply for a child arrangement order, However, unless you cannot find your wife, it is likely she would have to be involved in the process.
ChildSupportLaws Editor 10/10/2017 at 11:46 am
Where your son and his ex cannot agree, mediation would be the next consideration. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings and is a formal negotiation where courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval.
Adam 09/10/2017 at 10:01 pm
Hi, for the last five years I've been living with son after my ex partner left. No contact has been made by her over this period of time. what do I need to do to have full custody of my son? I don't know her address or where she is. I'm concerned about my son if something happens to me. Please help.
Em 09/10/2017 at 3:54 pm
Since my partner and his ex wife divorced over 2 years ago, he has always tried to see as much as possible of his (who is almost 7) most weekends and some week nights, also a week or 2 in the school holidays, he is as flexible as he possibly can be. However, whenever he cannot see him due to other commitments (Army reserves) she becomes extremly unreasonable. Now she is trying to cut the time he sees his son to every other weekend and less evenings in the week. To me this is not in the best interest of the child as he adores his dad and gets very upset when he doesnt see him. What should he do, to allow him more time with his son.
ChildSupportLaws Editor 09/10/2017 at 10:42 am
The fact your ex lives in South Africa and you live in the UK, you have 'custody' by the natural arrangement. If you wish to apply to remove parental responsibility from the father, only in rare cases and when absolutely necessary will a court do this. If you feel you wish to cut communication, then unless there is a court order in place requesting you skype your ex and/or visit, then you can cut contact and your ex would then have the option to take the matter to court for the contact to be re-instated. With regards to child maintenance you can apply via the Reciprocal Enforcement of Maintenance Order (REMO) Unit, which helps to register and enforce child maintenance orders internationally. But child maintenance payments and child contact have no bearing upon each other. If your ex cannot afford to pay child maintenance, if, for example he is not working, then it doesn't mean his contact should be restricted, as child contact is not based upon the ability of the non-resident parent to be able to pay. Talking to your ex about your arrangement and why it's not working and how you can try to make it work should be your initial course of action.
Rjoy 08/10/2017 at 12:24 pm
Hi, my daughter is almost two years old. Her father and his family lives in South Africa and has done since I fell pregnant. He has never made any maintenance payments. His mother has paid for a return flight ticket for us to go see him. We have tried to be amicable and skype often. He hasnt held himself accountable to those skype plans, missing roughly 3 times as many dates as making them. How can I remove what is a very toxic relationship from my daughters life. If he has not paid any maintenance can i legally get sole custody and cut off communication with him until she is old enough to decide?
ChildSupportLaws Editor 02/10/2017 at 1:57 pm
If you cannot agree to any form of access with your ex, then your ex will have the option to suggest mediation as a way of trying to formulate an agreement. Obviously, there are two sides to every story and your ex will have the option to apply for access through the courts if you do not consent to come to an arrangement via mediation. Unless your ex allows you to withhold access indefinitely, then it may come down to a court to decide what it thinks is in your child's best interests. Many children in the UK have parents that take drugs recreationally and otherwise, and while a court does not condone drug taking, much depends upon the impact of the drug use on the ability of the non-resident to provide safe and appropriate care for a child. Perhaps your ex's parents may be able to get involved to offer supervised support until the matter can be decided long term. Remember, there are two parents in all relationships and both may wish to be involved in the upbringing and care of their child. To shut one parent out isn't straightforward. Regardless of the other parent's lifestyle, the other parent still may want to love and care for the child as much as you.
Arunas 30/09/2017 at 11:44 pm
Hi. My ex partner allows me to see my son she feels like it or not. I had been reported by her to police for harrasment, but cleared of because I was only trying to see my son. My son has global development delays, and she has no idea what is that, she is in denial. I always took care of his medical appointments, salt therapist, ot therapist , diets, vitamins..etc., she only participated physically but never spoked a word. She has gambling problem, and always spends time with her friends while my son is always on the screen time, we split up because she claims I was abusive towards her, I was just tired of her not helping my son ,only staying at her friends or soap watching through out the day, so by beeing impulsive I did kicked of many times asking not in very polite way to get a grip. My son is financially looked after by me since the day he was born, she lives as single mum in councils house and I am not sure or she's declared all the cash I gived her on regular basis. Basically I am the only one who cared about my sons condition all the time, at the moment I am not welcome even to knock on her door and got middle man for my sons affairs. What is my options and chances are to get joint or full custody? she's not willing to do any type of mediation or agreements, I get no respect or recognition as the one who's cares for my sons condition, that is basically Tabu to talk about her, she never does.
ChildSupportLaws Editor 29/09/2017 at 12:04 pm
Have you spoken to your ex directly regarding this? Trying to sort out these problems between you should be the first option and perhaps requesting that you can give more support by having your children over more frequently, so they can have a more consistent upbringing. Going to court really is the last resort when all other options have failed. Also, before you apply to court, you will have had to have attempted to resolve the issues you have via mediation. Speaking to Social Services for advice may also help. If the situation escalates again, if you have parental responsibility you can step in and take the children into your care. You can also be more quietly insistent to your ex that you need to see improvements or you will take the matter further. So, really it's all about negotiation here. A court will not allow you to apply, unless all other methods of unofficial and official negotiations have failed. So, at this stage court is not an option for you.
MrM 28/09/2017 at 7:24 pm
Hi. I've been going through a hard time with my daughters mum since our split in 2011. Our daughters are aged 8 and 10. They currently live with there mum Sunday night through to Thursday night and with me Friday night through to Sunday this has remained the same since 2011. Through out the time since we parted ways, I have had social services involved. in 2011 our health visitor phoned for me to pick up my daughters immediately as the mums home was not in a fit state upon a unexpected visit, also in 2011 and 2012 police were called to the address and they reported that the house was a mess and in no fit state. Since then I have had concerns and therefore had social services working with the mum to try and help. Things have gradually got better and social services stopped giving their services in 2014 as they did not feel the girls were in any immediate danger or risk and also did not seem interested thereafter. Since then to this day (2017) problems are still on going. For example for the past 4 years throughout the whole year including school holidays my children have arrived to me with nits in which my partner and I treat and rid the nits from them before they return, this has a cost of over £500 each year. Also they wear underwear for the whole week without a wash, this underwear is visually filthy when they arrive to mine. My daughters have said various times, that they do not get baths or showers at there mums sometimes for the whole week. Yellow teeth and they are not influenced to clean them. She has not once taken them for a hair cut but yet finds money and time to go for hers as well as manicures. The list really does go on. However since social services were involved there attendance at school has improved, but there mums father some times will have to take them in the mornings even tho mum is a 3 minute walk to the school. My eldest will be starting high school soon and the mother would prefer her to go to a school with a bad offsted report rather than allowing her to live with myself so she can go to a much better school. Fortunately my partner and I are in a home with plenty of space for my daughters allowing them to have there own bedroom and space. As we are now in this position I would like to go to court and apply for joint or full custody. However I still want there mum to be part of there lives as they do love her and I feel it's important to them for her to be there. But I feel enough is enough and that they deserve better. My worry is what are the potential outcomes. What if I lose?. Could I put my daughters in a worse position? If I lose could they get less time with me? They really do have so much potential. My eldest is also struggling academically so I have payed for her to get an hours tution at the weekend. The mother did not want to help with the cost of this. If I won this would also allow my daughter to have some more time to help with her education. Please help!!! (FYI we already have had mediation back in 2014/1
ChildSupportLaws Editor 26/09/2017 at 10:58 am
If both parents have Parental Responsibility then the police cannot intervene to take the children off one parent and give them to the other; the police cannot choose between parents, that is the remit of the courts. Therefore, if your partner's ex is keeping the children without her consent, then she would need to apply to court for a Child Arrangement Order. This court order is to determine where and with whom the children should live. To apply to the courts, your partner will need to fill in form C100 found at Gov.UK - Forms and Guidance. A court fee is also payable though your partner may be able to get assistance with this if she receives benefits or is on a low income. It's not up to the children to make demands. As with any application for an order, the courts will always decide upon what is in the children's best interests and missing school is not. Your partner may wish to seek legal advice in order to fully explore her options. However, if she cannot afford legal representation in court, she can self-litigate.
Daz 25/09/2017 at 4:35 pm
A question. My new partner is married. But split from the man. She has been letting the kids go see him. But everytime he gets them he is saying awful things to the children about there mum. Not bringing them home they have mossed a month of school. Nw the man is living in emergency housing and wont give the kids back. One of the 4 children has been let come home because he was sulking. The man is bullying the children to say things. Now the children are saying they will only go back to there mum if she moves to bradford. She currently lives in filey. This man will not let the children speak to there mother without jumping in on the conversations and shouting horrible things. What can we do thanks
Holly 22/09/2017 at 9:13 pm
The father to my two children is mentally unstable and is threatening to kill himself unless I stop the csa from hounding him for money. He is totally useless and can barely look after himself let alone two children. I need to take out an injunction against him to protect my children. Any advice would be greatly appreciated.
ChildSupportLaws Editor 22/09/2017 at 3:28 pm
Your only option is to withdraw access. However, this would give your ex the option to suggest mediation as a way of trying to resolve the issues, and if you refuse he would be able to apply to court. The court will then make a decision what it thinks is in the best interests of your daughter whether or not access should be granted and how it should take place. However, if your ex is not bothered about seeing his daughter, then it is unlikely he would take this route leaving you to make the final decisions whether access should take place or not.
ChildSupportLaws Editor 22/09/2017 at 2:53 pm
Yes, you can do whatever you feel is in your child/children's best interests. However, mediation is a good way of attempting to try to resolve these issues where you cannot resolve them between you and your ex. If you don't agree to mediation, then it will give your ex the option to take the matter to court. Evidence that your ex is consistently late with bringing your child to nursery will help, if the matter gets this far. However, let's hope it can be resolved between you before then.
Sq20 22/09/2017 at 1:38 pm
Hi, I am wanting 50% joint custody which I know my ex will grant. We have two daughters 8 & 6.
I pay £200 a month in support at moment for 43% custody. Will I have to pay this amount still? Also I provide everything my daughters need at my house, including clothes etc, I also go halves on presents, school trips, after school clubs etc.
ChildSupportLaws Editor 21/09/2017 at 12:43 pm
It is rare the courts will remove a child from the resident parent and hand the child over to the NRP unless absolutely necessary. I can only suggest you speak to your ex about the possibility of residency as an agreement between you, especially as you say if your son is having problems and is unhappy. Your only other recourse is to take the matter to court. You would first be advised to seek legal advise to see whether you may have a chance of gaining residency.
ChildSupportLaws Editor 21/09/2017 at 11:48 am
Unfortunately, your only recourse (if you cannot agree between you and the father) is to ask the father to attend mediation and if he refuses apply to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Rkt1284 20/09/2017 at 2:13 pm
Hi. I have a 8 year son who I see as much as I can 3 to 5 hours on Monday’s Wednesday’s friday’s and he also stay’s at mine every other Saturday i want to know what rights do I have to my son as I want full residency of him. He mother doesn’t do much for him she pretty much stay on her bed awake reading books or stories on her iPad or playing games on a console and takes him out maybe once a month or every 2 months that’s it she has a husband who she been married to for a few years now and he pretty much does all the cleaning cooking taking and picking up the kids from school she also has 4 other children 3 Boys Ages are 12 and twins 10 and a daughter that is 4. My son older brother have been bullying him from when he was 1 years old either taking toys away to biteing him and it more of the mental bullying saying why are you here your not part of this family you should do us all a favour and just kill your self stuff like that... now my son is a bit of a bully him self to he brothers and he will attack them for no reason sometimes.. when my son is with me when we are out or staying at my place this act of aggression does not exist when I am with him at he mums place it there he will argue with anyone he does not pay attention to anyone most of the times a lot of the time you have to rise your voice at him just for him to say what or what do you want I want my son to have a better life than the whole situation he is in now ... any type of info or help will be much appreciated
north 20/09/2017 at 12:39 pm
Hello.
I have 10 year old child with an ex partner that lives in uk. I myself live in another European country.
We moved here when the baby was 6 months old. Father has not been much a part of his life . also, has not been supporting him financially ( only a few years with 100£ per month).
Last year the father was convicted as a paedo ( suspended sentence). I have cut off all contact.
I wish to have full custody since my child is now travelling abroad more with the family and also with different sports tournaments. His father is only a name on the birth certificate.
I have been scared to file for sole custody but I feel the time has come.
How should I approach this? As I understand, if done through court, the process should take place in the country that the child is living in?
lou lou 20/09/2017 at 8:27 am
hi I have a 13 year old daughter who has lived with me all her life, a while ago she sent pics of herself an i was horrified as I have always taught her to respect herself I had to go to her school an I got in touch with the police an phoned for a social worker to see if they could get threw to her an make sence of what she had done ...... the police took months to get her gadgets to have a look threw an the social worker was not much help as all of a sudden my daughter came up with she wanted to go live with her dad an change schools the social worker said this was ok I couldn't get my head round it all an was so hurt buy my daughters decision as I have done every thing for her an she had a stabble life an when ever she wanted to see her dad she could now she is playing me only coming ver when she thinks shes getting something or letting me down when shes surposed to come I want her to be happy but I still think she should have structure an stability her dad works all hours an lives with his parents so I don't think shes getting what she needs from him how cani make it so she has to stick to our days an nights
nats 19/09/2017 at 10:31 am
My partner and I split during pregnancy my baby is now 2 weeks old our other daughter is 4...he has her 2 nights a week but doesn't take her to nursery she's now losing her place due to so many absences because he can't get up in mornings, she has no routine or structure with him as he lives at his mum's house some days and the rest he goes between a hotel, and his grans house, he has no job and he now wants to fight to take the newborn overnight he hasn't as much as a blanket never mind bottles or anything a newborn needs but I've to provide this as I'm the mother and it's my duty to make sure he gets time with her...i put on a smile and let him have visits with the baby but he doesn't make the effort to show up because their too early for him....what are my rights, can I stop my daughter's from staying overnight with him until he has some sort of structure in his life for them...my 4 year old suffers terribly as do I because she's tired irritable and moody when she returns...theres routine at our home.
ChildSupportLaws Editor 18/09/2017 at 2:54 pm
Your partner has to request your consent (if you have parental responsibility) if she wishes to take your child abroad, If you refuse, your partner will have to apply to court for permission. The court will then decide what it thinks is in the best interests of your child. If you fear your ex may attempt to take your child out of the country without your consent, then you can apply for a Prohibited Steps Order (PSO). A 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. If your partner takes your child abroad without your consent, this is classed as abduction. However, it can be extremely difficult for the other parent to get their child back. This is one of the scenarios that a PSO seeks to prevent. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. You may wish to seek legal advice in order to explore your options fully.
ChildSupportLaws Editor 18/09/2017 at 12:34 pm
If mediation fails and one parent remains dissatisfied with the arrangement, then that particular parent would have to apply to court for the court to decide. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws Editor 18/09/2017 at 11:36 am
If you are moving 300 miles away and your partner has parental responsibility of your child (i.e is registered on the birth certificate), then by law, you would have to ask his consent to move and if he refuses apply to court. Some parents will move anyway and risk being taken to court. Mediation is a good way of trying to iron out the issues if you can't agree between yourselves. Negotiation and talking through the matter in order to come to a workable arrangement is key here.
Newdad82 17/09/2017 at 2:33 pm
I am British, my partner is EU citizen. We have a baby who is 6 months old. Recently my partner has told me she wants to go back to eu family and has no date to come back. I am concerned if she decides she wants to live permanently away ffrom on uk as my work is here. What are my rights as dad of baby
bones 16/09/2017 at 8:11 pm
Please help.
I have been split with the father of my child for 9 months, and he has completely disregarded our daughter. No birthday present, minimal contact of only 4 hours a week if not less, which he would spend texting on his mobile, no maintenance for 6 months now, CSM are involved now and started last friday, and still no payment recieved. When I contacted him regarding the maintenance he told me I have to wait a further two weeks.
There has been no effort from himself to see our daughter or check on her well-being, his mother done this for a few weeks but that too has also stopped. He has emotionally abused our daughter by telling her that I was 'dangerous' and a 'c**t' whilst leaving her to stand on a windw ceil whilst he was face-timing a friend laying on the sofa.
I dont believe he woud ever physically harm our daughter, but if he can emotionally abuse her by speaking ill-mannered of her mother, what else does he/can he say to/around her.
Do I have anywhere to stand for full custody with supervised visititation rights?
Sparks 15/09/2017 at 5:11 pm
Hi my sister and her partner split up over 2 years ago and he will only allow her to have her on a Thursday and a Sunday night, mediation has been attempted but he is so stubborn the mediator told my sister it was a waste of time any suggestions cheers
Anon 15/09/2017 at 3:36 pm
Advice

Me and my partner have a one year old daughter. My partner told me when pregnant he was unhappy but we tried to see if things would get back on track which unfortunately they haven't. I have therefore made the decision to leave which I haven't yet done as my family live 300 miles away. I just want to know my rights before I make the move? I would never stop him from seeing our daughter
ChildSupportLaws Editor 14/09/2017 at 12:39 pm
It is highly unlikely a court would remove your son from your care as the resident parent unless absolutely necessary. Your son is also now old enough for his own opinion to be taken into consideration by the courts.
Hee 13/09/2017 at 6:56 pm
My ex husband is taking me to court for joint custody of our 12 year old on we have split up 12 years ago and my son has lived with me for 12 years and his 9 year old half sister my son doesn't want to live with him what would happen
Kirsty 09/09/2017 at 6:35 pm
Hi, my ex partner who is currently looking for somebody where to live is saying he will take the kids as I suffer from depression and "cannot look after myself or my children" my home may not be show home standard but it's always tidy. The children are feed (though if you ask him there is never anything in) whereas he smokes cannabis every night. Can he take my kids
Ali Editor 15/09/2017 at 1:47 pm
@mr p - the problem might stem from the fact that as grandparents you do not have parental responsibility and cannot apply for it. Therefore, the courts will not agree to shared care of the children. You don't need official permission from the courts if your daughter agrees for the children to stay with you part of the time. It can just be an arrangement between you.
mr p 08/09/2017 at 6:37 pm
advise
recently my stepdaughter was admitted to hospital short term and is now back at her address
whilst in hospital she and us her parents filled out forms for joint custody arrangement
which we both wanted and still want
however the papers have come back from the court after we paid and they cashed cheque saying we can't do this as children do not live with us! the grandparents
as the children can't live at 2 addresses at same time am a little confused by this response
my stepdaughter does have full custody of our grandchildren and the father only has visitation rights
ChildSupportLaws Editor 07/09/2017 at 2:42 pm
It is highly unlikely the court would separate siblings. Otake a child from one parent and hand the child to another parent unless there is a very good 'proven' reason why this would be in the child's best interests.
Annie 06/09/2017 at 8:07 pm
My ex and I split a year ago and he was having regular contact with not children (1 from a previous relationship) he has every other weekend and 1 night in the week. He has since stopped all contact with my daughter who calls him dad, he recently applied to court for full custody of our son dispite me being his main care giver his entire life while my ex was out working 12 hour days and when he weren't working out fishing with his friends spending a minimal amount of time at home. He states I'm physically abuse to my children altho due to a incident involving my son drinking oven cleaner ( all safety precautions were in place I.e cupboard locks, safety gates etc) a week before Christmas 2016 a multi agency investigation took place with not concerns over my peranting. It even states in the reports he has no concerns nor does any other parties I.e school health visitors. I received the court summons and it's all lies..he states I abused him in order to get out of mediation, caffcass have been ordered by the court to contact me. He has the best solicitor and I have to represent myself, all these are lies and have already been proven false after a neighbourly despite ended with her making false reports to the nspcc on numerous occasions. What are the chances of him winning? my son has health issues and needs full time care my ex recently give up his job in order to support he application to court, will the judge separate siblings?
ChildSupportLaws Editor 04/09/2017 at 1:53 pm
If the father has parental responsibility of his child, then where both parents have parental responsibility and one parent is keeping the children against the other's wishes, the police cannot help, even if the children do not normally live with them, this is the remit of the courts. Therefore, if your niece refuses to go home and remains living with her father, the mother would then have to apply to court for a child arrangement order which will determine where your niece will live. As your niece is now 13, her opinion will be taken into consideration. However, as in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. A court will generally always aim for consistency and only where it feels it is in the child's best interests will the court opt to move the child from one parent to another. However, if the parent does not have parental responsibility, the police will be able to intervene and return the child back to the resident parent. On another note, it is always best to mutually resolve these issues before the matter gets to court. If the parents can't agree between them, mediation may be an option here.
ChildSupportLaws Editor 04/09/2017 at 12:05 pm
In situations such as this, if you cannot resolve these issues directly with your ex, then you would need to suggest mediation and if your ex refuses to attend mediation, the last resort is court. You don't say how old your kids are, but if the matter goes to court Cafcass would get involved. Cafcass 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. From the interviews they conduct, the Cafcass reporter will analyse the situation from the evidence and statements received and write a report. It’s a measure of how important the Cafcass recommendation is that the court will almost invariably adhere to it. However, there always has to be a very good reason for the court to take children from one parent and hand them to another. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order.
Suz 03/09/2017 at 6:48 pm
What rights do children have when their parents are divorced? My niece is 13 years old and her parents have joint custody. She lives with her mother and spends alternate weekends with her father and his new family. She turned up on the doorstep last weekend with 2 begs of clothes stating that she'd had an argument with her mum who subsequently 'threw her out'. She stayed with her father for 2 weeks, her mother then turned up and demanded that she return. My niece would like to live with her father but her mother is refusing. What rights does my niece have? At what age can she decide where and who she lives with.
Bob 03/09/2017 at 10:33 am
Me and my wife have been spilt up for about 18 months. We slept with Each other over the last 7 months but in July she told everyone that she was in a new relationship for 8 to 9 months and thought it was OK to let her new boyfriend meet our kids after telling me that she was in a relationship for only 2 weeks.We have the kids every other weekend and Tuesday Wednesday Thursday but she thinks it's OK to have the kids every Monday so she gets to see the kids for 8 straight days. She has moved the new boyfriend in and the kids don't like him and they have told there mother this. This new boyfriend has just got out of prison and nobody has told me why so I don't know if he is a good person to be around my kids.The kids hide when it's time for them to go to hers and they have both said they want to live with me. She never takes them out or does anything with them. She can't afford to buy them new clothes and she is always running out of food or electricity/gas. I just feel the kids would be better off with me
Cris 02/09/2017 at 12:55 am
Hi me and my ex are separeted since i was pregnant but during the pregnancy we were living in the same house,he was on a relation with my hest friend,having a affair in our house,he make my life hell during the pregnancy,never give any money,hr left when my baby was 5 weeks,left me with nothing,i lost the house,struggling finnancial with a new born baby and child with 10 years,the last 21 months je didint came see the baby many times,my baby is almost 2 years old and doenst recognize him as father,but now he want take him om the morning and bring him at night. I dont want my son near that woman,even is the father he never changed a nappie,never came to see him if was not well,never help with anything. Waht should i do???the court will allow him to take my baby???
ChildSupportLaws Editor 31/08/2017 at 3:25 pm
If you both have shared care of your children, then it is up to your ex to decide how he wishes to care for/ organise the children based upon what he thinks is in their best interests in his allotted time, as presumably do you. It is understandable your ex's mother wishes to have a close relationship with her grandchildren, as most grandparents do whether maternal or paternal. If you consider you both to have an equal share of caring for your children, then you also need to relinquish some control and leave some decisions to his better judgement. Putting your kids first is always important in cases such as this. If your kids like spending time with their grandmother despite whether you wholly approve of her methods or not, should be taken into consideration. In cases where you cannot agree between you, then mediation should be the next port of call.
Becky 30/08/2017 at 10:49 pm
Hi, my ex husband and I split 2 years ago and agreed on joint custody, although his mum actually does the morning and afternoon school run and Thurs and Fridays. She is very emotional and blames me for the split even though he has just had twins with his new partner. They argue a lot and my ex inlaws argue a lot and myself and my partner have created a lovely stable, family home. I am now in a position to do all the school pick ups myself which is narrowing the kids homes to 2 and not 3(not my choice) my ex works and is not able to pick up so gran does it. She now sees herself as the 3rd parent and is emotionally unstable crying most days about myself and my ex split to the children. I have put this to him and said for them to still stay at his on the normal nights but I will pick them up from school. Bouncing from 3 homes isnt right for the kids and I would like to limit that now that I am able to. Do I have any weight my side as he had sent a msg saying this is a bad idea and I will break his mothers heart so I feel I am still being controlled by him and them
ChildSupportLaws Editor 21/08/2017 at 3:06 pm
If and where you cannot agree, mediation has to be considered before any application to court will be allowed
ChildSupportLaws Editor 21/08/2017 at 1:53 pm
You can arrange family mediation via whichNeither you or your ex can apply to court without considering/exploring mediation first. Mediation is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. I hope this helps.
Th123 20/08/2017 at 10:24 pm
Hi me and my ex half been split over a year now and are struggling to come to an agreement about when he can see our son. About 6 month ago he started a shift job of 4days in 4 days off we have tried for him to have him mainly on the weekend he is off and occasionally on a few days in the week when he is off. For me this is to sporadic and there is no structure to the arrangement I have noticed my son is alot more emotional and occasionally violent when he comes home. My son is only 2 and I feel like structure is a key component to his life at the minute so I have suggested a set day/sleep over at weekend to provide structure. The ex says he can not do this because of work a 2 year old does not need a routine and it's not fair on him. I don't really know where I stand as I know he's going to throw the court card at me. Any advice is appreciated.
Wudi78 20/08/2017 at 11:18 am
Me and my partner has been split for three years we had a good custody agreement which a year later changed because of his work commitments so he dropped time from our son..for me to find out he doesnt work them days but failed to tell me.. he is constantly wanting to swap weekends round not giving me a choice to say yes as ge will just not turn up for him...and not even reslly making the time up that is lost.. my question is how do i take this matter to mediation or court as i need something set in stone even though hes doesn't deserve him for my son as it tolls on him as ge does want to see his dad and does always cry when he has to come home. My ex always thinks its because he doesnt like to come home i saud its because hes no sooner going hes coming home and wants to see him more. Gets me mad how they is laws that stops a mother from letting a father see hes children yet they is no law that makes them see them any advice would be appreciated as i cant take no more of it
Uni 16/08/2017 at 9:46 pm
Hi.
I have bern separated from my husband for two years.
He lives and works abroad.I live here with my two children.
We only occasionally have email contact in regards to his visits to uk regarding children.
When he does come he collects children by waiting outside.
I have no seen or spoken to him for two years.
But recently he asked the children to go back in our house and ask for passports.They are waiting outside for me to give.
I texted by daughter on her phone i need to ask the reason why to which he responded i have equal rights and do not ask about what i do with children.
Anyhow i left the house from another exit and told them i have gone away.
Today i have received a text he wants to meet face to face at my home or my family home to discuss my daughter but i feel it is in regards to placing me under pressure to give passport.
What i would like to ask without any contact with him how can i stop him from collecting kids from my home...so a suitable secure meeting point.Then how can i gain full custody so i can prevent this situation of feeling worried uncomfortable about issue with passport.
I have visited CAB and contactef mediation but feel mediation is about our voice whereas i just want my concern to take action without him there.
Please kindly advice as i am totally stuck due to lack of knowledge in the whole matter
GR 13/08/2017 at 9:18 pm
Hi
I have been separated with my ex for 11 years now and our daughter is almost 15, she hates living at her mums because of her fella and lots of other reasons, she wants to live with me and my wife but her mum won't let that happen.
As my daughter is almost 15, can she choose where she lives?
I don't think mediation will work at all and would just like to go to court to get this sorted but what are my options?
ChildSupportLaws Editor 11/08/2017 at 4:03 pm
Unless has been ordered by the courts, then it is unlikely your partner's ex has 'full custody', it is more than likely his ex is considered the 'primary carer' of your partner's daughter. which shows you the order issued via the courts. Your partner may wish to re-read the agreement. If your partner wishes to have his daughter more and him and his ex cannot agree, then mediation or the courts is the next step. The courts will always decide upon what it thinks is in the best interests of the child. If no previous court order has been determined, then your partner has equal parental responsibility of his child and access should be up for negotiation. It has merely been mutually agreed the child will live with the mother.
Qqueen 11/08/2017 at 1:17 pm
When my partner and his ex separated she demanded 'full custody' of their daughter (then two, now six). He agreed and it's written in the separation agreement. However, we have his daughter 2-3 nights a week, plus time in the holidays etc.

He said he'd like to have her for Christmas one year but his ex doesn't have to agree it as she has 'full custody'- without any real reason for his (my partner sees his daughter regularly, has not been in jail or any of the other things that usually deny custody). Does she really have full custody? Surely no court would actually enforce anything?

She often idly threatens to withdraw access to his daughter, because she's the custodial parent. I seriously doubt that she really would, but where would we actually stand if she acted on that?
ChildSupportLaws Editor 10/08/2017 at 3:19 pm
You would have to apply to court to be granted permission to leave the country and take your child with you to live.
Kat K 10/08/2017 at 9:35 am
I got pregnant with my boyfriend. After our son born we got married because he doesn't had papers to stay in the country. Everything went good untill he started to be more in work les at home. He warned to support us that he said. Now after 2 years our relationship brought us to the end. I would like to go back home where I have family and friends but he didn't want to let our son. There is some community or legal action who I can contact for help? I can't give much here for my son but if I can get us home there will be help and home. He is now using me and our son just to remain in the country. He want to get me mentally on edge of surrendering. I can't give up because I know that he will take actions to be a full custody of our son. He will maybe take the son.I can't let him.I have to do it legally. There is some legal documents where I can apply for take my son whit me?
Or I have to do divorce and custody here ?
Lostneedhelp 09/08/2017 at 10:29 pm
Hi
I recently had a little boy who is 7 weeks old he's dad is useless he dose not pay anything towards him and sees him maybe 5 hours a week even tho I have made him welcome in my home and he could see him when ever if he wanted to. It's now turned to him just not turning up no text and no call. We have never been in a relationship with this man he mad no effort to get to no me or support me throw my pregnancy and now is so unprodictabal . I once said I wasnt happy for him to have him on his own and he throw court in my face . What I want to no is how much right do i have as his name is on the birth certificate I want to have full custody of my son so he can't take him as I don't trust him. Thank for reading
ChildSupportLaws Editor 08/08/2017 at 10:48 am
if you cannot resolve the issues with your ex, then mediation might work for you. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. I hope this helps.
Nonie 06/08/2017 at 7:06 pm
I seperated from my hubby last Aug 16
We have a son who is now 12 years
My son doesn't like staying weekends much at his fathers, I was accused last year of saying I was controlling my son decisions to stay with him, I told him I was not and I said it would be nice to spend time with his son as my ex did not spend much time with his dad at all so it's like history repeating itself a bit.
I am in the process of divorce which has been granted discree nisi, hoping it be finalised soon if ex agrees to some issues on house etc etc, my solicitor has said to him he need have my son every other weekend but it does not work out that times, he either working the weekend or something cropped up and he can't do weekend, he went away for a month abroad so my son has not seen him but since been back only had him for 1 weekend it's been nearly a month back in the uk only once seen his son
He did say earlier if he wants to see his son he can come to my/our houseat present but I said no that does not give me time plus when he did come up he not talk or say anthing to his son at all
So the advise I am asking for when I get divorced can I put I to place a time when he has to have my son to stay with him even tho my son not too keen as they don't do things when he there together in his father flat
ChildSupportLaws Editor 31/07/2017 at 3:48 pm
In this instance, you would have to discuss this with your daughter directly. If your daughter refuses, there is little you can do unless you fear for your grandson's welfare. If so, you may wish to seek legal advice as it would be a matter for the courts to decide.
ChildSupportLaws Editor 31/07/2017 at 1:43 pm
I'm afraid it is impossible to anticipate what a court may decide. However, the court will always decide upon what it thinks is in your child's best interests.
ChildSupportLaws Editor 31/07/2017 at 10:24 am
Firstly, if your daughter cannot afford to be legally represented in court because of the cost, she can self-litigate. Litigants in person MUST be treated equally before the law and have equal access to justice. Judges have a duty to ensure a fair trial by giving them due assistance to achieve this. There has been a dramatic increase in the number of litigants in person since public funding dropped off in April 2013 and there are now plenty of litigants in person who represent themselves. If the child is settled in a good school that caters for his needs regarding dyslexia, then the court would have to have a very good reason to move him. If your daughter can justify the effect it will have on her with regards to dropping off and picking up and her work rota and if she can show it may affect her job, then the court will take this into consideration.The court's main objective is to decide what it thinks is in the best interests of the children and if your daughter can show she has done everything in her power to negotiate through mediation etc, then the court will also take this on board. The court does not wish to uproot children from a stable and consistent environment and will only do so when necessary. If her and her ex are bringing up the children 50/50, then mutual negotiation prior to court is key here.
Jo 30/07/2017 at 8:01 pm
My 14 year old grandson stayed with my husband and I for 9 months as my daughters newe partner was violent and she has now left him andown taken our grandson who is very unhappy and wants to come back especially it seems my daughter has contact again with her ex and it's not a good environment for him. He has come to visit and very upset at the prospect of returning to his mum who he doesn't get on with. Can we get a residential order of some sort without his mum's permission
Ben 30/07/2017 at 8:44 am
Hi I am go in to court for more access to my child through a child arrangement order. My child's mother would not attend mediation due to cost. He stays 2 nights a week which I have to fight for over 4 years. He is now starting school so he now has routine. I thought this would be a good time to ask for more nights. His mother's has said no she will be seeing less of him now he starts school. I think this isn't fair.
He's stays Thursdays and every other Saturdays. He stays for tea on Wednesday as his mother works but she won't let him stay and he goes back at 8. To me there is reason why he should be staying. How likely am i going to get 50/50 access. I would like my child Wednesday night Thursday , every other Friday then the next week Saturday and Sunday. So basically 3 nights one week 4 nights the other week. Thanks for reading
Daisy 28/07/2017 at 8:42 am
Long story short. My daughter has joint crusody of children. The children live 50 50 with each parent. There age is 9 and 6

In the last 2 years he's has taken her to court 3 times. We are still going through the 3 court now. We have a finial hering in September. Every time she disagrees with something he wants we end up in court. This time and the time before it's about the boys schools. The eldest is dislexic. The farther has been having private assments done on the boy against the mothers wishes
And also a court ruling from the time we went before this third court. He wants the boy to go to a private school for dislixia. But the mother feels it's not right to change the schooling now as the boy is happy and now has 25 hours s week 1 to 1 in place since January. Which he is improving with.
We believe the farther is doing everything thing he can to disrupt her routine and life with the boys. So In the long term making it difficult for her to cope so he can get full custody. The cost of going to court this time is in the region of £10,000,00. I'm paying because she can't afford to fight him.
She works full time. But after all her bill. There's nothing left. She's a good mum. Doing everything she can. If the eldest ended up in the private school which the father has chosen and is fighting for then she may not be able to keep her job because of the difference with holidays etc. Plus the boy is socially very confident. Therefore a class of 7 with children that also have other problems other than delexiea seem wrong for him. If she thought it was the right place she'd not fight it. She is very much for what is best for her boys. But the full history of all this what is ever she wants for her boys. He'll will never agree. He'll just keep taking her back to court until he gets his own way and we can't afford all this. How do we stop it. It's bullying, he also talks to the boys about there mum in s bad way and tells them everything that's going on. This is only a quick versions on what is going on. There were never married. At the end of the day all this needs stoping. He's ruining her life with her boys. What can be done to stop all this. It seems to me the law has no clear view on it. As they we're never married does she have anymore rights In the say of her boys. If not how can thing change there never going to agree because he'll never let her go. Even though he's a new partner and is trying to make a family unit by pushing the boys mother out. There must be something that's gives her some sort of right over him. Sorry is this is badly written I'm doing it in a rush and am also dyslexic
Sarj 27/07/2017 at 10:23 pm
I want information and directions how to gain 50/50 access to my son, he stays with me 4 days a week, I pay for our living, I've had some problems which has been used against me which I feel is unfair. My son is happy but would like to be with me more.
Nicki Editor 27/07/2017 at 12:37 pm
@Paul - Yes, you can apply to court or inform Social Services if your daughter refuses to return home.
Paul 25/07/2017 at 8:20 pm
Hi, our 15 year old daughter has gone to live with her grandmother but we don't want her to. We are worries about the negative effect she will have on our daughter. We have spoken to our daughter and she has said she wants to stay there. We also have 2 boys. Is there anything we can do to make her come home? Will the courts help us? Thanks
ChildSupportLaws Editor 24/07/2017 at 10:33 am
The Citizens Advice Bureau link here may help you further. As will the Money Advice Service which
Susan 21/07/2017 at 5:49 pm
My daughter and her partner have separated. They have a three year old child and she is pregnant. They have a joint tenancy for a private rental. She is a nurse working full time. He has an early morning cleaning job and does child care. He says he won't leave the home. She would like him to move out (probably back to his mothers) and share responsibility for the children.
He does not contribute anything to the household bills. He uses his wages to pay insurance on his bike and his phone bill. She gives him an extra £50pcm. Most of his spare cash is spent on tobacco and weed.
He thinks he should stay in the home and she should continue to give him £50pcm so she can continue her 'career'. He is sleeping on a sofa bed in the lounge.
He thinks she should have an abortion. She is 100% anti abortion in any circumstances.
She is at a loss as to what she can do. We agree he is the wronged party in their breakup but they need a way to sort the housing issue, the money issue and most importantly the issue of the child and the unborn child.
ChildSupportLaws Editor 20/07/2017 at 2:28 pm
If you cannot sit down and talk to your ex directly about the issues that are concerning you and come to a resolution on the back of the conversation, then your only recourse is to suggest mediation. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides.
Jimmynapper 20/07/2017 at 9:56 am
My partner split up we with me 6 weeks ago after 16 years and she has taken our home and our children we have 2 daughters 11 & 7.
I am distraught as I never spent a day without my daughters all their lives and things haves escalated so much over 6 weeks she took out a non molestation order out against me after a weeks and I tried to get custody of our oldest daughter the same day as she wants to live with me.
I have to go back to court in 3 weeks and I am going about getting custody of my oldest daughter do I have any chance she wants to live with 100% and hates her mum so does this help our chances of being successful in court.
Gord 19/07/2017 at 11:56 pm
Hi I have a 1 yo. I broke up with her father before she was born but we were still living together until she was 2 weeks old. We still got along not living together and used to spend time together as a family regularly. Then things started changing, he gets really bad mood swings and is very possessive. He was tracking me and stalking me through social media. To cut a long story short I've ended up getting a non molestation order against him. All correspondence goes through my brother and he sees our little girl regularly. Up until recently I would have said he was an excellent father and couldn't fault him but lately he's got into a new relationship and has started trying spend less time with our daughter. I work weekends cause I have a mortgage to pay for and he works during the week. He is now saying it's unfair that he has her every weekend and wants to go through solicitors to getting it dropped to every other weekend. He says he doesn't have any money, he says he's not eating, the only food he gets is leftovers from the food i send with our daughter. I've now recently found out he's taken to smoking weed, "to help him chill out and stop him from wanting to stab people". He also wants to leave our daughter with his new gf who he's known just over a month himself and who has introduced him to his new lifestyle. Finding this out worries me about my daughters welfare and worries me about his mental and emotional state and I really don't know what to do about any of it. Any ideas please?
ChildSupportLaws Editor 18/07/2017 at 10:56 am
If your partner has issues with the way his ex is bringing up his children, his only recourse would be to suggest mediation as a way of trying to resolve the problems. His ex does not have to supply your partner with nappies or medicine for the children, unless the medicine is GP prescribed and essential. You can see what constitutes neglect via the NSPCC link here which should inform you further.
Mitchy 17/07/2017 at 4:02 pm
Hello, sorry this is long winded.
My partner and his ex have been split for just under a year and we got together shortly after. They have three children together, 6,5 and 1. When he had them for a weekend I came with him to stay at his grans(where he takes the children as he lives 7 hours away from them and his grans is closer) we took the kids out to a theme park. His ex gave him pullups for the 5 year old as he was still having accidents and had one the night he stayed over. His ex was angry on two account, she did not want the children meeting me and has set out a timeframe, which we are now following and she said my partner set the 5yo back in toilet training due to him putting the pullups on him.
I do not see the children so stay at home and my partner then took the children over fathers day however she did not supply him with milk or enough nappies for the 1yo so he bought more and returned all three without a problem. It has now been discovered that the 5yo is still wetting himself in school and they have called the social services, she is blaming my partner on this and has twisted the 6yos words as she said her daddy bought nappies, but they were only for the 1yo.
Whenever my partner has the kids their clothes are dirty, the 6yo girls hair is matted with tugs due to not being brushed, the 5yo is now wetting himself after being toilet trained, he is also very shy and nervous around family he has known his whole life, the 1yo is clingy. The other thing is the 5yo and 6yo had a cough when I had seen them, the 1yo was teething and she didn't give us any medicine, five weeks later when only my partner had then(at his grans) all three of them has the cough and still no medicine.

I believe this is neglect but I am trying not to interfere too much as I believe children should have a relationship with both parents but she is trying to alienate my partner from his kids and he is a good father.

Any advice would be welcome!
ChildSupportLaws Editor 17/07/2017 at 12:28 pm
If your husband has given you permission to return to your home country with your child, you can go without having the courts involved (as long as you have written permission). Once you are in your home country, your husband will not be allowed to leave the country with your child without your consent as this would be classed as abduction.
ChildSupportLaws Editor 17/07/2017 at 11:59 am
If you cannot negotiate with your ex directly, you should attempt to negotiate through mediation. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval.
Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides.
Ayazz 15/07/2017 at 5:59 pm
Hi, I am not a uk citizen nor resident however my 2month old baby is. I moved here while I was pregnant with him to start a new life with my husband who is in the Arm Force. While here my husband went on deployment and couple months after he came back I found out he cheated on me and now his mistress is claiming she is pregnant for him. Ever since Ive found out this he has become more aggressive and hostile towards me. I have proof of his infidelity also this is not the first time he has cheated on me as he has another child just 4 months older than my child. Before we got married he was all nice and good to me but now am seeing a different side of him, he has become abusive to me both verbally and physically, even during my pregnancy. I donot wish to be with him nor stay living with him any longer. I want to return home and I want full custody of my son, will the judge Grant my wish to take him to my home country and to give me full custody? Also he has given me permission to take him home however he has threaten to come for him in the near future unannounced. I don't not want my son growing up around him as he is not of good character also he is short tempered and gets angry and aggressive easily and I don't want my son growing up in that kind of environment.

Thanks in advance for your reply
Spencer 15/07/2017 at 11:00 am
Hi, my partner recently split up with me and I have tried to be amicable with him seeing our 4 month old child.
He no longer lives I. The family home as he decided to leave.
I am worried about his emotional state as he has had bad family issues growing up and at the minute I believe he is emontanaly unstable, he also is a weed smoker.
When he left the family home I was allowing him to come round on Tue and Thurs to see his son and also so I could keep an eye on his behaviour. I have also allowed him to take him out on a weekend day for Up to 10 hours.
When he was coming round the family house in the weekday it began to get unpleasant and I asked him to leave on two occasions because of this. I didn't want our child to be round that kind of atmosphere. I now have stopped weekday visits because of this.
I have allowed him to take our son out today but he has just given me abuse and is acting like an idiot.
Should I allow him to see his son unsupervised when I am worried about his ability to care for him?
miss_mon 14/07/2017 at 11:07 pm
Hi.
Back in December 2016 I have fleed domestic violence. I had to call police on 3 several occasions as my ex partner was aggressive. On one of occasions when I was 5 months pregnant he has managed to bruise my body and pushed me around house. He has issues with an alcohol but refusing to go for a treatment. At the moment he see his son 2-3 times a week. Usually it happens in public place or he comes over to my family house where we live at the moment. He is keep pushing me to allow him to have his son overnight with him. Quite frankly I'm petrified to do it as I'm think he might disappear with him. He doesn't have a driving license but drives a car, sometimes he would drive under influence of alcohol. He can't even change baby nappy or feed him as he always refused to do it.
He has mentioned taking him on holiday with him back home but I'm scared he might not come back with him.
I don't want to stop him to see his son but I don't wish to see him anymore plus I believe he can't be trusted to be left alone with him due to his issues with alcohol.
Do you think is there any chance for me to get a sole custody? What do you think I should do?
Thank you!
ChildSupportLaws Editor 14/07/2017 at 12:57 pm
If your ex has parental responsibility, you would have to request his written consent to move abroad with your family. If you moved abroad without his consent, then you could be charged with abduction. If your ex will not give his consent, you would have to apply through the courts. A judge will always decide upon what he/she thinks is in the best interests of your children when making a decision.
ChildSupportLaws Editor 14/07/2017 at 9:55 am
If your daughter's father will not consent to giving authorisation for you to apply for a passport, you would have to apply through the courts.
Nina 13/07/2017 at 10:26 pm
Hello, I have 2 and half year old son with my ex and we share 50/50 care. I am not married and my husband got a job overseas. We would like to move to join my husband as it's a better job, income and life experience for all of us. My ex is not married and has no job. He changes girl friends every couple months. But he is a good father. What is my chance to take my son abroad with me?
ChildSupportLaws Editor 13/07/2017 at 2:55 pm
I am afraid we cannot predict what a court may decide. The court will involve Cafcass. Whenever parents can’t agree over an application, they become involved, compiling a report on the family, both parents and children. The document they produce carries a great deal of weight with the Family Court. The Cafcass staff who compile the reports will 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. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order.
Tats 13/07/2017 at 8:31 am
My ex partner hasn't had any contact with his daughter for 8 years.

I went to the Portuguese embassy to apply for her Portuguese passport they said they couldn't give her 1 as the dad is on birth certificate. I explained he hasn't seen her for 8 years.

I asked him for sole custody he said no just to be spiteful.

What can I do? She wants to go on holiday and I can't take her because I can not get her a passport as I don't have sole custody.

What shall I do?
kelly 12/07/2017 at 8:55 pm
my husband and i have separated and he has taken my 3 babies to live an hour away from me and is refusing any contact. not even a phone call. i have previous problems with drink and postnatal depression. he has been emotionally abusive and controlling with me since we got together. however, he is very good at getting into my head and provoked me into scratching his body as he was blocking the doorway to the room i was in and i felt trapped. he knows this would scare me having been in an abusive relationship before him. i have been in court for this a couple of years back and did probation and courses. i've been drink free for nearly 3 weeks, had my antidepressants increased and had an assessment at the mother and baby unit which came back very low so need no help. if i got to court, am i likely to get custody of my kids. the youngest is only 4 months old.
ChildSupportLaws Editor 11/07/2017 at 2:12 pm
We cannot predict what your chances would be, as a court will always decide upon what it thinks is in the best interests of your child. Your income has no bearing on whether the courts will allow you to spend time with your child. It is only the interests and welfare of your child the court is concerned about.
Cobretti 11/07/2017 at 10:56 am
Hi. I have a 3 year old son with my ex wife to be. We've been separated for 2 years and soon divorced. Custody is not mentioned in the divorce; but she has been the primary carer for him.
She has a property mortgage free and a very good salary; I have to share accommodation as I have average salary in London and no property of my own.
Currently I see him twice a week, just few hours one evening during the week and a weekend day from 9 to 16. I feel this is insufficient and I want to have him over night for sleep overs. We are very attached. he knows who I am and enjoys spending time with me.
What are my chances of seeing him more if I were going to ask for the Court to decide? I feel that being a male with average-low income might prejudice my relationship with my son.
Thank you for the advice.
Justme_121 09/07/2017 at 11:19 am
My ex partner and I have shared responsibility for our daughter. We do 50/50 every week but I do have her a couple of hours more. I work partime as many hours I can do until she goes to full time education and he doesn't work. He expects me to pay half of the remainder of the working tax credits (I only get due to working) and child tax credits. He has never once given me money for her. But does have her 3 times a week. I pay 400 for nursery every month. 100 out of my own money (the rest with working tax). He has now told close friends that he is going to file for sole custody of her with no explanation of why. I've never hurt her she is my world. Regardless of this I still want to go for joint custody or a shared agreement. How do I go about it?
ChildSupportLaws Editor 07/07/2017 at 2:53 pm
You would really have to seek legal advice to find out what your options are. As you are registered as the father on your son's birth certificate you are considered equally responsible for being able to take care of your child. However, if you are not usually the primary carer of your son and you take your child away from the home without the consent of your wife, it will be up to the courts to decide who your child should live with. In cases of separation, it is usually the primary carer (the person who looks after your child on a day-to-day basis) who is allowed to continue to take care of the child. It's a tricky situation and one that needs careful consideration.
ChildSupportLaws Editor 07/07/2017 at 11:47 am
You would have to apply for parental responsibility and a child arrangement order which would determine who your child should live with - please see gov.uk whichHowever, please keep in mind that your ex could come and reclaim your son at any time as you have no legal rights to keep hold of your son if you do not have PR. You may wish to seek legal advice in order to explore your best options.
Mourning5tar 06/07/2017 at 10:40 pm
I have a beautiful child with my ex. We were never married but there is no doubt that our son is mine.
My ex has full custody of our son but lets me see him but only on her terms, as she refuses to put me on the birth certificate or even given me parental responsibility.
For roughly about 5 months our son has been living with me whilst my ex has been dealing with mental health issues and "witness protection" *for one of her poor choices.
She's making my life difficult saying that I have to move both our sons and my life around her whilst she gets all of the benefits.
The more I deal with her the more convinced i am that I need to go for sole custody, but I'm a bit unsure what I need to prove that he's better off with me than his mother?
ChildSupportLaws Editor 03/07/2017 at 10:19 am
The only options you have are mediation, or if your ex refuses mediation you 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 you and your ex-partner cannot agree on. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Applications for a Specific Issue Order are heard before a judge and a representative from Cafcass (Children and Family Court Advisory and Support Services Officer), who is a qualified social worker.
Natus 02/07/2017 at 9:01 am
Hello. I have been separated for 4 years and my kids have man in residency with me but are with their dad about 40%. This was agreed via mediation. I now have serious concerns over their emotional well being and risk taking behaviour. E.g their dad sends our children alone to swimming pool, our daughter is 11 and our son is 8 and has epilepsy. Due to abusive behaviour and anger towards me I cannot talk to their dad alone. I have suggested mediation repeatedly to discuss a different, more appropriate arrangement but he refuses to engage. I am afraid to either go to social services or lawyers as it will be my word against his etc. But I also need to stop his potentially neglectful behaviour. I'm not sure where to turn next?
ChildSupportLaws Editor 30/06/2017 at 4:06 pm
Both of you as parents are considered responsible for caring for your son under the laws of parental responsibility, until your son is 18.
troy 29/06/2017 at 6:29 pm
My wife screams and shouts most days about anything. She often blames me for her behaviour. I am very concerned about my son, 3 years old, and the affect her screaming and shouting has on him. Sometimes her screaming is directed at him, sometimes at me, and sometimes at no one. I am very embarrassed to live in a house with her, the neighbours hear all her screaming and shouting. Sometimes her screaming makes my son cry. Sometimes she smacks him if he does something she doesn't like. I am growing very tired of living with my wife, and I really want to take my son and move out so we don't have to experience her behaviour. Please can you tell me what I should do?
ChildSupportLaws Editor 27/06/2017 at 12:21 pm
In a case such as this it is best to seek legal advice. If your partner and you have the children in a shared care agreement, then your partner will have a case. However, if your partner and you have the children a lot more anyway, it may be that you can just try to extend this agreement naturally. Court is always seen as a last resort where negotiations cannot be agreed on either mutually or via mediation. Taking such an issue to court can be very stressful. Plus, it can backfire as there is no guarantee the court will rule in your partner's favour and much depends upon what sort of fight his ex wishes to put up.
Frustrated 26/06/2017 at 5:05 pm
Hi, I have been with my partner for 2 years. He and his wife separated about six months prior to this. We now have a young baby together. They have 2 children together (9 and 7). They have informally agreed joint residency. Supposed to be 50/50 but we end up with the kids a lot more. The ex is constantly unable to have them last minute/changes plans. The eldest is not happy at his Mum's. She has slapped him and dragged him up stairs getting his sister involved - albeit these are isolated incidents and nothing for some months. She criticises the clothes we put the children in, in front of them and their appearance generally. She tells the children they are not allowed to play with me or tell me they love me or give me affection. She shouts at their Dad in front of them and has been seen to push him in front of them. Recently she blocked him in when picking kids up with her car to prevent him leaving so that she could shout at him. She pushes kids to say they don't like having a little brother. The youngest ignores her. The eldest complies but then comes back to us upset about it and worried that their brother will find out one day. There are other examples but these are the main ones. Do you think we would be able to get custody? I think for the eldest it would improve his happiness and behaviour having a consistent home life. Thanks
ChildSupportLaws Editor 26/06/2017 at 12:01 pm
I think in this case your partner should suggest mediation to his ex in order to try to force the issue. If she refuses, then your partner can apply through court for a residency order. If his son is 10/11 years of age, then his opinion will count in court. However, the court will always opt for what it thinks is in the best interests of the child. If your partner has parental responsibility of his child, he doesn not have to return his child to the mother (unless there is a residency order in place from the courts) as both parents are seen in the eyes of the law as being equal to the job of being able to care for the child. However, this is not a good move in practice as it can cause a great amount of upset and stress and it is not condoned by the courts. If your partner decided to make this move his ex can take him to court to request the son back. This is a much more precarious situation as it can backfire and your partner could end up at a loss. Therefore, he may wish to seek some legal advice.
ChildSupportLaws Editor 26/06/2017 at 10:35 am
I think in this case you may wish to seek legal advice. When a couple split up, it is very easy for one person to view the other person as 'mentally unstable', especially when parental disagreements spiral out of control. If your ex has not previously suffered with mental health issues, then it may be difficult to prove she is unfit to look after your child. Therefore, legal advice should help you further.
bat19 24/06/2017 at 5:40 pm
Hi me and my ex partner split up 11 years ago i was having the kids over the weekends and school holidays then one day my daughter said her mum was hitting he so i took my daughter to stay with me but my son didnt want to come with me so i went to court to get custody for my son and daughter but i only got custody of my daughter they said my son had to stay with is mum because she wasnt hitting so i was see him every weekend because it was a court order i ketp it up then started seeing someone my ex didnt like so she stop me seen my son. now after 7 year she wants me to have him because he 17 and she wants to move in with someone because the bloke dont like my son.i live in 3 bed house with my wife and my daughter and 3 stepdaughter and my grandaughter so there is no room my ? is dont she have to have him till he 18 or not
Bear 23/06/2017 at 6:11 pm
My partner and his ex-wife have been separated for almost 5 years, and they have 3 children together, as well as her son from a previous relationship. The middle child of the 3 has been asking to move in with me and his dad for the last 4 of those years. He is 10 years old and gets extremely agitated when his mum refuses him. We are constantly met with threats from her and the family over this issue, but we need to gain custody of him. Please could you advise me on anything I could do, for example, what if he won't leave one day? Thanks in advance.
ChildSupportLaws Editor 23/06/2017 at 4:09 pm
If you are living in the UK and your visa is dependent upon your husband and you separate, then you would have to let the Home Office know, You may have to leave the country if you separate and have not yet been awarded ILR or British citizenship. If you have been awarded ILR or British citizenship, you would be allowed to remain in the UK and you would ideally discuss with your husband who should look after the children. See also, gov.uk link
Angel 23/06/2017 at 1:19 pm
Hi. I'm been Marry for over 10 year iam a resident in uk. Iam from colombia. My husband is uk citizen. We are not divorce yet but I m think to divorce as he is addictive to drug and had make out relationship difficult. We go 3 kids under 10. What will be my right as a mother. A the moment I am not working and my family in law are supporting as financially.
Xavier777 23/06/2017 at 12:58 pm
The mother of my newly born child has exhibited signs of being mentally unstable. She's engaged in an acute paranoid delusion and has even gone to the point of filing a police report of the fictitious scenario. I'm concerned about the welfare of my child.

What are my rights and how can I assume control over the care of my child?
ChildSupportLaws Editor 20/06/2017 at 10:26 am
Has your brother spoken to Social Services about this? As they will usually make an assessment and act on it accordingly. Nevertheless, if he disagrees with the assessment, your brother may certainly benefit from seeking legal advice. If he has parental responsibility, then he has paternal rights. However, much depends upon what the courts would consider in the children's best interests and stability and consistency are considered most important. If the children's lives are minimally disrupted i.e they wouldn't have to change schools etc, then your brother may have a case.
ChildSupportLaws Editor 13/06/2017 at 12:47 pm
If you are concerned your ex will try to take your child, you may be able to apply for a child residency order through the courts which will officially determine with whom your child should live with
ChildSupportLaws Editor 13/06/2017 at 12:14 pm
We have answered this question below.
ChildSupportLaws Editor 12/06/2017 at 11:36 am
If your partner does not know the location of his child, he can still apply for a C100 contact order through the courts and also fill in a C4 form which is an application for an order for disclosure of a child's whereabouts. This means the courts can put a trace on your partner's child to allow him to bring the matter to court. Please see both link here and here. If your partner cannot afford legal representation in court, he can self litigate. Litigants in person must be treated equally before the law and have equal access to justice. Where the litigant in person cannot afford professional legal representation, judges have a duty to ensure a fair trial by giving them due assistance to achieve this. I hope this helps.
ChildSupportLaws Editor 12/06/2017 at 10:33 am
You would really have to seek legal advice regarding this to see whether you can make any provision either in your will or via a legal agreement. However, as your husband is the father of your children, he will have the sole parental authority to make a decision regarding where your child should live. The best person to talk this through with is your husband to see if you can come to some sort of written agreement between you both should (hopefully not) the unfortunate occur.
jayde 11/06/2017 at 11:52 pm
My fiancee has a child who he does not see, we would love for him to attend or even just to know where he is so we can see him. He pays C.S.A, the Mother has denied all access, moved and has gotten married. He has tried to look for him but has been unsuccessful. I was hoping on a whim, if you could put us in touch with someone or a department that could help.I would also like to take this time to say thank you for all your help with me and my situation, I truly appreciate it for how you handled everything despite the outcome.I look forward to hearing from you soon.Kind Regards
Buckle 11/06/2017 at 7:19 am
Hi, I am a British citizen born here in the U.K. and married to an Italian citizen who has lived in U.K. for over 10 years. We have a baby under 1 and I wanted to ask about what would happen if I were to die first. We are both in our 30s and have no plans to move to Italy but I worry he will take baby to live over there if I was to pass away first. My parents have a big role in baby's life and I don't want him taking away that bond with her grandparents. They regularly babysit and see baby most days as does my brother. We have no godparents arranged or anything along those lines and my parents are 68 and 71. Can anything be put in place to stop him taking baby to live in Italy if I do pass away first? Baby would only ever have been on holiday there and seen family there briefly so there is not the same bond or support with family there
Lmg 08/06/2017 at 12:47 pm
My daughter is 3 and hasn't really seen her father much since birth only 6-10 times and has not seen her now for over 8 months no contact at all and I'm looking the year mark if he hasn't made any contact to try and gain sole physical custody as in she live at my address and he cannot change his mind about seeing her and take her and there be nothing I can do about it. It would destroy me if he does that I'm not after stopping contact if he chooses to see her in the future it's her dad at the end of the day just the safe guard that I will have her live with me and him not take her away as I have no idea where he lives
Viv Editor 13/06/2017 at 3:59 pm
@PersonalBrexit - you will not really have joint residency if you move to Germany and your children's father goes back to Jamaica. If you have an amicable agreement with your ex, decide between you what is best for your kids. If it's not on paper the terminology only exists as an agreement between you and your ex anyway and is informally based on trust.
PersonalBrexit 07/06/2017 at 11:30 am
My partner and I have split up amicably. We have both agreed that I move back to Germany with our 9 year old daughters. He will return to Jamaica and will see the girls once or twice are year. We are not married. Here in the UK, we hold both parental responsibility on the gorunds that he was named on the birth certificate when the children's birth was registered.
When I move to Germany, does it mean that I automatically gain sole residency or does joint residency continue to exist?
The reason why I am asking is that German authorities need to know whether I have sole or joint residency. We have not gone to the courts as there is no need. I just wondered how I can 'proof' to the German authorities that I have sole or joint residency. Thank you!
Izzy 06/06/2017 at 3:59 pm
Hello,

I have recently filed for divorce and have a 1 and a half year old baby with the person I was married to. After my baby was born the person I was with repeatedly used to tell me that I was unfit to look after his child, that I was bad mother and that his child was his. I was nothing. When he would come back from work he would criticise the way I dressed, washed and fed my child. To the extent, that he would make it clear that I should give my baby to his parents and they will look after him because they had more experience. I was told that my primary object was to cook and clean and serve his family.

As I was also living with his parents and brother, they constantly made it clear that I have no rights as a mother. If I tried to breastfeed my child, they all complained that I took too long, especially his mother who complained that I left her to do all the cooking and cleaning. All this occurred during the first month of my baby being born and by then I had enough. I had to call my father to come and pick me up because I was too fearful of the retaliation I would face from his family as they had a very strong hold of my baby in number and strength and left when by babies father was at work.

Since then, I have not stopped my babies father from seeing his child, however, he refuses to see him unless his family is also allowed. It has now been over a year since he last saw him despite living a 3 minute drive away from where I live with my baby.

My question is, what are my rights as a mother to protect my child from people who have tried to take my baby away from me by not letting me care and nurture him when he was only a newborn? Can I refuse to allow his mother and father to see my child?

Please can you help me. I really need some sound advice. Thank you.
susanstar 06/06/2017 at 1:15 am
I have an eight year old child.
The father moved out when our child was two. He moved two hours away. He sees her two weeks of a year.
He pays csa.
I have never stopped him from seeing our child. He barely calls and isn't interested unless I call him.
Our child lives with me and I am the sole provider. He's recently threatened to take her off me. I'm terrified he will just take from the school.
What are my rights? What can I do?
His name is on the birth certificate and also our child has his surname.
He said that makes him have as much rights as I do.
please help me I am so worried.
Ped 04/06/2017 at 7:37 pm
My ex married a man who previously had made her and her 2 children homeless. One of them is mine.
Inbetween them splitting up and getting back together she lived with another man who through them out after 2 days.
I have always had lots of contact with my son and we had agreed an amount of maintenance which suited us both.
I was always afraid to upset the balance in fear of raised requests for more money and less access.
Despit having no mortgage and several holidays without my son, she keeps taking him out of school for holidays. She has now requested more money from me.
I wish I'd tried for custody sooner but like I say was afraid I'd be penalised.
I would love nothing more than to have him with me permanently or even 1 week in 2.
He is 14 and quite settled but I feel her behaviour over the past 7 years is wrong.
Eggster 01/06/2017 at 6:21 pm
I'm paying the new cms the csa has now stoped but I have been stung this month I have been informed the csa money will be refunded to my self , she has lied about the length of time I have my kids but they have taken her word (typical) she has also lied about one son I'm paying for as his working I have reported this to child benefit and cms which is now under investigation , I have tried mediation with her got no where she makes it difficult for holiday occasions so I just want something from the court with an agreement in place so she can stop using these kids as weapons cus that's all they ever do as she has nothing else on me quite sad really using them like this look forward to your response.
ChildSupportLaws Editor 01/06/2017 at 1:59 pm
While theoretically parenting rights are deemed to be equal, it is generally the primary carer who is awarded residency of the child. The 'primary carer' is a term to describe the parent who has most parenting time with the child. For instance if you work all day and the mother stays at home with the child, then she is effectively the primary carer. If you both share care of your child, then you are both considered primary carers. However, upon separation it is usually the parent who cares for the child the most who becomes the main carer and the other parent, the non-resident parent. As a rule, caring/access is decided mutually between both parents. However, if one parent decides to be obstructive for no reason, the matter may end up in court. If this is the case the court will always decides upon what it thinks is in the best interests of the child. It means there is no anticipating what may happen in your situation - much depends upon whether you split amicably or the situation degenerates and your partner is a person who will do all she can to take control. You may wish to seek legal advice.
Micky 01/06/2017 at 2:41 am
Hi, wanted to know me and my partner isnt working out well and we just had a beautiful daughter and she keeps on threatening me saying "you can kiss goodbye to your daughter" she provokes me all the time to things or say thing so she can use them to show people or court that I am in the wrong wich she has done in the past with the police. There are many things she has done like that I have kept recordings of how she keeps on provoking me all the time so that she can take my daughter away. Few friends and family has seen what she is like and all of them have said she needs to get checked out she has mental issues with her sychopathic acts. Is there anything I can do so me as a dad gets full custody of my child or is it the mother who gets the custody?
ChildSupportLaws Editor 31/05/2017 at 2:25 pm
If your ex is not authorising the move, you will have to either wait until the court makes a decision, or wait until your son is 18 when he can make his own decision. If you try to take your child out of the country without the resident parent's consent you could be charged with abduction.
ChildSupportLaws Editor 31/05/2017 at 12:38 pm
If this happens, you can complain which
ChildSupportLaws Editor 31/05/2017 at 11:21 am
You effectively have 'full custody' as your child is fully resident with you. You would have to seek legal advice if you wish to apply to have your child's father's parental responsibility revoked, or if you wish to apply for a residence order
ChildSupportLaws Editor 31/05/2017 at 9:43 am
You're welcome. Please also keep in mind, the courts will have expected you both to have attempted mediation (in order to resolve any issues informally) before it will allow an application to court.
Monica 30/05/2017 at 11:38 pm
Hi I am an EU citizen now living in UK for the last 5 years. Before that I was married in Cyprus and I have a boy 14 years old now. The father gained the custody of our child in 2013 so now my boy is living in Cyprus . Despite the fact that my child wants to come to live with me in UK my ex is not giving him the permission to move with me. Ive been to cypriot court but the process is very long and slow it will take 2 years to make a decision. Please help me with an advice how I can take my child back .
Justme 30/05/2017 at 8:44 pm
I just want to thank you for your reply, it has offered me reassurance. Just me.
Tomo 30/05/2017 at 8:28 pm
I mean I have had him Friday to Sunday every weekend. Sorry for another post just correcting my self
Tomo 30/05/2017 at 8:25 pm
Hi me an my ex partner split up when my son was 2 years old he is now 6. There was a lot of difficulties before the split. I have had my son every weekend Friday to Saturday. I have always paid for his maintenance to his mum. I would like joint custody as he has sister at both homes. Do I have a right to go for it. Also would it be an issue if my new partner took him to school if I did get joint custody of him. Also will it go against me having a partner who I have been with 3 years
Dutch 30/05/2017 at 5:35 pm
The 'old' CSA are still taking weekly payments (for 1, 17year old child) along with arrears direct from wages, The 'New' CMS have also informed me they are going to be taking money out my wages from next week (for the SAME child) neither will listen or communicate with each other, and have said I will have to pay BOTH CSA & CMS Surley this is in correct, how can I be expected to pay TWICE for the same child?
Abby 30/05/2017 at 3:05 pm
I have a child with my ex partner. My daughter is going to be 7years in july 2017. My relationship with her dad ended in 2012. He has not make any effort to contact the child since 2013. For four years i have been solely looking after my child. I need advice as to how to get the full custody from the court. Thanks
ChildSupportLaws Editor 30/05/2017 at 12:41 pm
No, a court will always decide upon what it thinks is in your child's best interests and will generally not change the current arrangement unless absolutely necessary. The fact you have married will have no bearing at all upon the ability to continue to jointly care for your child.
ChildSupportLaws Editor 30/05/2017 at 11:04 am
I'm afraid you cannot demand that an unwilling parent sees his child more. If your ex refuses to stick to a specific arrangement, then you should suggest you try to resolve these issues via mediation. Neither of you would not be able to take the matter to court until mediation has been fully explored first.
Stacey 30/05/2017 at 4:26 am
Hi, my ex husband and I called it quits when my little one was 9 months old. now my problem is my daughters father is not willing to spare some of his time for his daughter. I'd have to beg him to see her more than 1 time a week for a few hours. I'm soo sick and tired of telling him to sort himself out. He's a very jealous person and he's made me aware a few times that the only reason he can't have her on the weekday is because he works (yet to prove why he can't see her after as he works till 2 in the afternoon and smokes weed with his boys till late hours) and that the weekend he won't have her in the fear that I will go out and move on in life and so he feels like if I have the child on the weekends he'll prevent me from going out. Now I've been separated from this man for over a year and I just want him to have a better relationship with his child. She adores her dad, she enjoys spending time with him. Most recently he hasn't paid me our agreed payment to support her when in my presence and he hasn't seen her simply because I told him I don't want him in my life other than to be the father of my child. He's gotten angry and neglected our child as a result. I'm sick and tired, it's been on going for about a year consistently! I've noticed behavioural changes in my daughter, she more angry, she's violent, she gets upset when I tell her daddy is not coming (sits in a corner upset). And whenever she sees him it's like a kid at a candy store the excitement is unreal. (She's 2 yrs and 3 months) I need advice on what I can do regarding custody in this case?
Justme 29/05/2017 at 9:03 pm
I really need some advice. On Saturday I got married. My ex husband found out and now he is saying he is going to take me to court to get full custody of our child. Before Saturday we had both had shared custody.
Can my ex really get full custody because I got married?
moz 29/05/2017 at 3:17 pm
Oops sorry for sending it twice but any help or info would be so grateful
Moz 29/05/2017 at 9:53 am
Hi i had an arrangement with the farther of my child for once a fortnight but it was causing the child a lot of distress because his farther wouldn't turn up or ring him to say he couldn't come this weekend because he's going out he let him down a lot. He has had a drinking problem for a long time which lead to our separation and I have tried to re arrange visits to make them more suitable for his son and asked for one night a week minimum so that his son gets to see him either Friday or Saturday and he still has a night to go out depending which night he picks and if he asked for both i would of been more than willing so that he is involved with his child and he has out right refused but the damage it is doing my son is beyond belief i had to get a counsellor into school and stop my son from seeing his farther because he wouldn't get involved in his life unless it was at his convenience. My child is only 4 and we were both left homeless by his farther which was a lot of strain for a child. Now his farther is saying he will go to court and make them offer only once a fortnight for him to see his son can he do that? i think he should be in his childs life more so i can give him good stability do I have the right to demand that he be in my childs life minimum once a week ?
Gran56 Editor 26/05/2017 at 11:24 am
@Omgthissucks - it's normal with any baby, but more so with twins. Don't act rashly and give it time. Can you imagine managing on your own? Plus, even if you do get custody of your twins you will still have to let your hubby have access including overnight access. Having twins is terribly stressful - particularly if they are still very young. Good look - things will improve and get better. Your hubby obviously loves his kids too and he is just wanting to give them love after a hard days' work. Early parenthood is full of emotional ups and downs for all of us as we try to adjust. If you are pushing him out of your relationship with the kids - then he is bound to feel jealous! Look at it from his perspective too.
Omgthissucks 25/05/2017 at 4:58 pm
My husband and i have been married for 3 years and have recently had twins during the pregnancy and since the twins were born we have been constantly arguing and whilst hes back to work i am with the twins 24/7 and he would come home and loom after the twins his own way and not take into account i have been getting into a routine with the twins. He always gets very jealous when the twins cry when he picks them up and i have to soothe them we are constantly arguing and i am thinking this isnt working out but i do not want him to have full custody of the boys as i am the one with them 24/7 and doing the day and night feeds. Please help.
ChildSupportLaws Editor 24/05/2017 at 11:03 am
Your comment is rather contradictory, in that you say you do not wish for your ex to take his son to see his family, but you are also contemplating allowing him to have residency which would give him the right to involve his family in your son's life as much as he wishes. As the father of your child, if you refuse access to his family he is within his rights to take the matter to court via a Specific Issue Order. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Both parents (who have parental responsibility) have an equal right to make decisions regarding the welfare and the care of their child. When one parent attempts to control the situation, then the other parent has a right to take the matter further. This can either be via mediation or court. Meeting the other parent halfway is the best way to deal with this issue. However, if you refuse to try to resolve the issue via mediation, your ex will be able to take the matter to court. We cannot anticipate what a court may decide, but it will always consider what it thinks is beneficial for your child.
Mumof2 23/05/2017 at 2:20 pm
Hi. My ex has gone for access to both my kids..to which one he is the biological father and has a court order in place to see him..there is no order for my ither child as he is not his. However i was allowing access with him just not his fanily..through fears he would be mistreated by his fanily due to the bitter circumstances..now my ex is carrying on for me to let him take my son to his familys house. I said no..now hes threatening to take ne back to court..can he do this? Also..i feel it may be better for all involved and less stressful if i gave him custody of his own son and i was the none resident parent..then maybe we could all live a happier life because he will not stop this unless he gets everything 100% his own way..im at a loss now. Ive tried to be amicable and give him extra but its never good enough.
ChildSupportLaws Editor 22/05/2017 at 12:46 pm
Much depends upon who is the day-to-day primary carer of your son and your level of input into the care of your son. It is very difficult to speculate what a court may decide and an agreement directly with your ex regarding who will be the primary carer is always more beneficial. If your partner does not wish to discuss the matter, then you would have to suggest mediation before any court application would be allowed. You may wish to seek legal advice here.
ChildSupportLaws Editor 22/05/2017 at 11:46 am
You would have to apply for a child arrangement order through the court if you wish to officially determine who your child should live with. You may also wish to seek legal advice in order to explore your best options fully. A court case can still be heard if your ex is in prison.
ChildSupportLaws Editor 22/05/2017 at 10:13 am
You don't say how old your boys are now and whether they wish to change locations. In the first instance, if you are on reasonably amicable terms with your ex the discussion should be directly with her in order to try to come to a mutual agreement. If you cannot discuss the matter with your ex and you wish to pursue it then mediation would have to be the next proposal to your ex. You can push for custody in mediation if you think it would be in the best interests of your children. However, it does not mean their mother has to agree. If their mother either refuses to attend mediation, or the mediation process fails you will then be allowed to apply to court. The court will always decide upon what it thinks is in the best interests of your children. However, it is rare the court will remove children from their primary carer unless absolutely necessary. Whilst your ex may be given a criminal record and your children currently have behavioural issues, it doesn't mean changing locations, school and parenting would improve the situation. The courts generally opt for stability and consistency even though it may not be a perfect set-up for your kids. In addition, if your sons are over the age of 11 they will also be allowed their opinions regarding where they wish to live. If they would prefer to live with you, it doesn't mean Cafcass and the court would agree, but it will listen. In all such situations we can only advise you to seek legal advice. You say your changes are not 'particularly good' - you will have to weigh up what you objectively think will be best for your boys. Sometimes, there is no easy or conclusive answer, we have to work with the situations we are given as best we can.
StressedLife 21/05/2017 at 11:04 pm
My partner has depression and epilepsy. She is on a ton of meds and is told not to drink. She does sometimes drink and more often that not will take an overdose. She now lies to cover up drinking. Over the past 10 years means she's been hospitalised dozens of times. We now have an autistic child of nearly 4, and she is STILL doing this. At Xmas she overdosed twice deliberately. Apart from it destroying me, it's not what my son needs in a mother. She had had counselling for as long as I have known her, but she won't change it seems. What are my chances of getting my son full-time? Thanks for any info.
Jeanne 21/05/2017 at 5:06 pm
Hi there,
My husband left me when I was 3 months pregnant to embark on a mid life crisis of drink drugs and a stripper. When our daughter was 9 months old he started having her 1 night a week and by the time we finally divorced he had a good relationship with her and was looking after her 2 days and 1 night a week and so we agreed joint custody. However June last year he was arrested for possession with intent to supply drugs. I was called by child protection services to discuss his access with his daughter and it was agreed he could see her for a couple of hours on a Sunday with either me or his mother as a mediator to ensure he was never alone with our daughter. Now he is finally going to trial and could well be looking at a prison sentence. I just want to protect my daughter as much as possible because I fundamentally disagree with his life style choices and his decision making and so I want to go for full custody. Is this achievable? How can I go about doing this and what happens if he goes to prison during this process?
JB780 21/05/2017 at 12:39 am
My ex wife and I separated about 11 years ago. I was working in London at the time as the main bread winner and my ex lived in the north of England with our three boys. After about 2 years of separation we got divorced due to irreconcilable differences. I continued to live in London and have driven to the north of England every two weeks for 11 years and had my boys with me at my mum's house, who lives near my ex-wife. I have always paid my ex-wife a monthly amount in line with the legal guidelines and never missed a payment. My sons are older now and in the last couple of years I have observed some very worrying signs in the boys' behaviour. Their school reports have been appalling and there are regular disciple problems which have been reported by their teachers. Their mother is rarely at home as she seems to have a job that has some very unusual hours. Two of my boys have also had problems with under-age drinking and on one recent occasion my son had to be taken to hospital as a safety precaution. My ex wife has also just been give a court summons for dealing with counterfeit goods and will likely get a criminal record. I am considering seeking custody of the boys so that they will come and live with me in London. However, I do not feel my changes are particularly good and so would appreciate your thoughts.
moo 17/05/2017 at 10:55 am
To cut along story short my ex and i had a daughter together she is now 5 we seperated when she was 15 months due to domestic violence and him using drugs and alcohol.He hasd access to see our daughter up until last year when he decided he wanted a court order in place so he had more rights.Unfortunately Cafcass ordered a section 51 and drugs and alcohlol testing before he could be considered to have any contact with our daughter.He made the decision and didnt attend his final hearing and informed the court he would never do these tests and he will see his daughter when she is 18.
Can anyone advise whether and how i can get a custody order inplace just incase anything happens to me and i would like her to have my name not his?
Sam 16/05/2017 at 10:22 pm
Hi..

I had separate from my ex wife 1p months ago and got divorced few months back. We have 2 kids. She is full-time working and i was taking care of my kids before seperation. Now i live in rented room few blocks away and see my kids 2 days a week. Now she wants to move away to live witb her patner. Her afaire led our divorce. Can i get my kuds back? I love my kids and i cannot imagine living without them.
ChildSupportLaws Editor 16/05/2017 at 12:14 pm
I am sorry to hear this, it must be a very emotional and stressful time. Many people turn to the police for help, but how much the police can help is very dependent upon the personal situation of the parents involved. If both parents have Parental Responsibility and one parent is keeping the child against the other's wishes, the police CANNOT help, even if the child does not normally live with them. Unfortunately, the police cannot choose between parents, that is the remit of the courts. In this situation, if the father does not return the child, your daughter would have to apply for a Child Arrangement Order. Ordinarily, the court will give notice of the hearing to both parties so that they can attend and give their side of the story. However, if your daughter thinks that her son may be in danger, then she may be able to apply for an emergency without notice hearing which will be much quicker than a full "with notice hearing". However ,be aware that this will only be a temporary solution and that any without notice hearing will be followed shortly after by a full "with notice" hearing in which the court order may be changed. Alternatively, if your daughter can show the father is not able to care for the child properly, or if there is a real risk to life then your daughter should speak to the local police force and social services. This is a situation that happens rarely, but when it does it can be extremely upsetting and it can take time to resolve. I hope the situation is resolved without having to wait to take the matter to court.
Vee 15/05/2017 at 6:16 pm
Hello, My grandson is 11 years old and has lived with my daughter for the last 11 years. He has special needs and is in a special school and has transport to and from. His dad has seen him regularly for the last 11 years on his terms but has never paid for his upkeep. Dad is bitter about the break up and has recently been contacted by child maintenance.

My grandson went for the weekend apparently they was going to Skegness for the weekend only for my daughter to receive a call Sunday night to say he wasn't bringing him back as she is a bad mother and my grandson doesn't want to live with her anymore.

Obviously my daughter is distraught, she called the police whom said there is nothing she can do as his name is on the birth certificate.

It would seem this has been planned by dad as he spoke to transport the Friday before to rearrange transport for school which cannot be put into place overnight.

He kept him out of school today stating he would be in school tomorrow .

The school are backing my daughter and have concerns over emotional abuse and minipulation of ad a vulnerable young boy.

His brothers and sister are all over the place and I'd hate to think what must be running through his mind...

Surely there is something that can be done this is ridiculous, he has never been denied access.

Please help anything would be better than nothing.

Regards
ChildSupportLaws Editor 15/05/2017 at 12:29 pm
In a case such as this, if your child has physical, emotional and educational needs, I'm sure Cafcass will be involved and this will give your daughter and other healthcare professionals who are involved in the treatment plan the chance to put their views forward. A court will always decide upon what it thinks is in the best interests of the child first and foremost.
nan 14/05/2017 at 3:59 pm
My daughter has a 2 and a half year old little girl with cystic fibrosis (a life limiting, life threatening condition with a reduced life expectancy) Her treatment plan keeps her alive. Until very recent years, this condition claimed the lives of most sufferers in childhood.It affects many systems in the body but particulary the lungs and digestive systems.
Her ex partner does not, and has never succesfully completed her treatment plan. (administering medications, physiotherapy etc) He also smokes heavily.
He refuses to give up smoking even though his daughter has a life threatening lung condition.
My daughter is desperate to have his contact with the little girl maintained as supervised (as currently) but is terrified that the courts will allow him unsupervised contact. Without supervision his smoking and the fact that he does not follow the treatment plan or follow hospital guidance, will mean that the little girls health will deteriorate irreversibly and will eventually lead to her death.
The ex partner always makes very convincing promises to the right thing, but has never done so, and will probably convince the court that he will.

There was also domestic abuse, (emotional and physical) but as my daughter has no evidence (who keeps a camera recording in their own house?) she is also scared that this very real concern will be brushed away as he will once again lie and claim that it never happened.

If anyone can help please please let us know what to do......
How can we convince the court that his contact needs to remain supervised?
The court system does not seem to put the childs wellfare above the wants of a parent who is very adept at lying.
Tom 13/05/2017 at 10:32 pm
Hi my child's mother walked out in us when she was 4 months old and even though she only lived 3 doors down didn't have anything to do why my daughter until she was 6. She's still very much in and out of her life and constantly playing games it wasn't so bad when my daughter was younger but now she's nearly ten it's affecting her. She constantly feeds her lies about what happened when she was younger and manipulates her. I choose not to discuss when my daughter was little or why she's in my care because I've always believed her to be too young but now it's making her against me. We already have a court order in place where she gets her 2 nights a week but she keeps refusing to hand her back over and police aren't interested. I just don't know what I'm meant to do I feel as a dad I don't have as much rights as a woman.
Nan46 Editor 10/05/2017 at 11:15 am
@Sj - you don't have to have a court to oversee this, you can allow it on an informal basis. Or you could come to an agreement through mediation.
Sj 09/05/2017 at 6:48 pm
My 13 almost 14 yr old in 2months daughter has become out of my control to look after due to my child getting into "the wrong crowd of peers" social services are more than happy for her to go to live with her paternal grandparents as am I. Being so the nan of my daughter has helped me raise her since her father walked out of her life 8years ago and doesn't want anymore contact. My daughter nan (my ex mother in law) is very close to us as a family and wishes to help me with taking my daughter through these next two years of school in her borough which is different to mine so different high school. Can anyone guild us on the grandparent taking over residency order from me with my full consent without the huge court fees as no one is objecting to this move happening my daughter also wants to live with her grandparent.
ChildSupportLaws Editor 09/05/2017 at 11:56 am
If you cannot resolve this issue between yoruselves or through a mediation agreement, then the only other option you would have is to apply to court. Alternatively, you may wish to see a solicitor who can send a letter outlining your rights and the course of action you will take if she continues to refuse access.
ChildSupportLaws Editor 09/05/2017 at 11:48 am
The father will not be awarded shared care of the children through the courts, especially if his contact has been sporadic.
ChildSupportLaws Editor 09/05/2017 at 11:39 am
I am sorry to hear this. Theoretically, you do not have any rights. However, you may wish to seek professional legal advice as sometimes the courts will allow visitation rights for non-biological fathers. However, it would not allow shared-care of the child.
Hamster 08/05/2017 at 12:46 pm
I'm father to one adorable young man who is 3 and a half years old me and his mother split beginning of December 2016, we agreed to stay away from the courts to trial a set month on days i could have my son. The days she gave me was not working out but for her the days worked perfect weekends are not 50/50 she has him 3 weekends out the month i get him 1 weekend she thinks this is fare. bank holiday monday has just gone and she said originally she would pick dylan up at 16:30pm then she calls me at 2pm to say she picking him up at 3 as she has finished work early how is this my problem we are in the middle of having a daddy son day and she wants him sooner, i refused as i said i have had enough of her telling me what she wants as in our relationship she was 30% abusive to me i'm not afraid to admit that as now i'm free of that relationship but now she has denied me access for 2 weeks at a time so in a month i see my son 4 times, she thinks this is more then fair for a couple who have split. baring in mind she is 4 months pregnant with her new partners baby. yep she fell pregnant a month after we split. just goes to show what type of women she is.
Zizie 08/05/2017 at 12:00 pm
Hello. I'm posting behalf of my friend. She a mother of 2 young kids. She left her husband a year ago, as he wouldn't pay for the heating and hot water, and was trying to keep warm using the oven. He always had the car or no car at all so she can't get out. She now lives with one of her parents. She was trying to get him to sort himself financially and stop his drug addiction. 10 months later of her trying to help him sort himself out (in which he had already moved 4 times). She couldn't cope. He had stolen money from her leaving her in £12.000 dept and has in the past screw their own friends, family members and even stole money from a charity. She has asked for a divorce which he refuses to sign.
A contact centre was then enforce by the mother as he couldn't be trusted and hearing more drug abuse by others telling her. He did the contact centre for 3 months and now refuses to go there as he said it's not a good environment for him and the kids. This contact centre is lovely place and the kids loved going there. He keeps telling her she should take him to court and sort out custody and refuses to pay maintenance for his children. He keeps saying he is desperate to see his children yet he can't be bothered to turn up at The Contact Centre to see his own kids. She has sacrificed so much so that her children can have the best life possible. He has bullied and domestically abused her for the past 8 years. He is a controlling convincing liar. She Only wants the best for him for the sake of their children. She said that he could have the children at his home once he can be stable. She has proof that he is unstable person specially by his messages that he sends her constantly harassing her. She is worried that he could get joint custody as he is so unstable and worries about her children safety and welfare. Do you think with her situation that she would get full custody of the children, call only get joint custody as he would make up some sort of lie to make himself look good. Thank you for anyone who can advise x
Rollo 08/05/2017 at 11:41 am
Hi i recently split up with my girlfriend after almost 3 years and are in a bit of an awkward situation. We have a 2 year old girl who is not my biological child but i have been there since the pregnancy and i do consider her my daughter. Unfortunately due to this i am not on the birth certificate or am i a legal guardian and her mother is refusing to let me see her. Is there any way i could fight for shared custody
ChildSupportLaws Editor 08/05/2017 at 11:06 am
A year is a long time to have let this situation drift before taking action (if you have). As soon as your ex kept the children without authority, you should have followed this up immediately and applied for an interim court order to see your children. I say this because the longer your ex has the children, the more they become settled and therefore the more reluctant the court is to remove children from a settled environment. The court will always decide what it thinks is in the best interests of your children and stability and consistency are considered most important. I don't wish to be the bearer of bad news, but the court will take on both sides of yours and the father's story and make a decision based upon what it thinks is in the best interests of your children. Much will depend upon your own circumstances, your own set-up, where you are living etc. However, much will also depend on whether the court think it is in your children's best interests to uproot them from their present residence. Therefore, I can only suggest you take as much free/professional legal advice as you can get. I'm afraid I cannot speak for your anxiety, you should let the court know you are affected by this. On the plus side, regardless of whether you are self-litigating and if your ex is not, you have to be treated fairly by the courts. You will certainly not be put at a unfair disadvantage if you cannot afford a solicitor and your ex can.
Kell 07/05/2017 at 3:38 am
Hi I am a mother of a little girl and little boy ages six and four I was with my ex partner for ten years I went out to a friends one evening for a drink as she knew how low and stressed I was due to how unhappy I was in my relationship an he called me demanding I get my f ing arse home or he'd lock me out well ihad a key knew I'd get back in so didn't worry then he told me to stay at my friends he didn't want to see me so I did as didn't want argue in front of kids again I went back next day he'd blocked all doors off with wood so I couldn't push them open and three out all my things and for the past year refuses to let me see my children I am so depressed an stressed since my children were born no one vet looked after them but me he was beer there he was controlling and still is I'm allowed to c my children ten minutes for birthdays and Christmas I cry and breakdown everyday I have nightmares I think about them every second and jus cry I feel like j can't breath when I think about loosing them forever I've tried mediation he has said know he wants me to make an arrangement with him between jus me and him where I sign over kids to him full time and trust hel allow me to see them I have refused obviously and now I'm only left with the option of taking him to court my self and represent my self people have asked me why I haven't stole my children back my answer I should ever have to steal my children there mine there part of me id never harm them I love them more than anything I this world they're dad has stole them from me because he knows the should be with me I will fight to get them back but I have anxiety quite bad and I can't help but keep worrying the court will let him keep them any advice sorry about the length of this lol but this is the short version believe it or not thanks if you take time to read this or comment thankyou
ChildSupportLaws Editor 05/05/2017 at 2:38 pm
It is highly unlikely a court would rule to take a child from one parent and hand her to another unless it was absolutely necessary and seen as in her best interests. Neither would the court discriminate against a transgender person as being unsuitable to parent on the basis of their change in gender. Therefore, in such a instance I would suggest you seek professional legal advice to see whether you may have a case.
Laura 05/05/2017 at 10:02 am
Hiya, my step daughter is currently living with her mother but me and my husband (her dad) want to fight for custody of her as we feel she is not in a safe environment and not in the best situation either. The reason is because her mother is now in a relationship with a woman which I understand is fine but the woman as now decided that she wants to become a man and me and my husband believe that this will affect my step daughter in many ways and we also do believe that her mother is not putting her first because of other things that's happening such as sending her round the shop on her own and she's only 7 years old. She's letting her make cups of teas by herself.. she's not giving her any disapline that she needs and she is also going to work at night times and then staying in bed all day and leaving her to fend for herself. What chance would we have if we took her to court for custody of my step daughter
Mary 03/05/2017 at 11:30 pm
Hi I'm in a little of a dilemma need help asap
Well,to begin with,I have been through domestic violence during my pregnancy and after my daughter was born year 2008 before I was granted indefinite leave to remain.social services were involved at the time but it got worst and to protect my daughter and myself,I had to move out of the area.in 2012.For the sake of my daughter,when she was 5,I approach him to find out if he wanted contact with her and he accepted.so I arranged a mutual place of contact in a public place every other weekend. For the first weekend things went well and there after he started to bring up pass conversations,ill treated me verbally and using profanities. This situation started to stress me again,as my second child was still a baby. So I decided to stop all contacts again and seek advice as to how could he be in contact with his daughter without me being around,I even proposed mediation to him,but he refused. Now,that my daughter is 8 and my son is 5 and we are well settled,I would like to take them on holidays to Mauritius where I'm originally from so that they can get to know my family. Now while I was applying for her passport,they realised that she has a double-barrelled surname and on her dad's birth certificate he only got the first surname. Now the passport office is requesting that I get a section 10: confirmation of identity to prove that he is the same person in my daughter's Bc. Because of the relationship with my ex partner I don't think he will want to help me in any way.i would like to know how can i get a passport for my daughter without him been involved or please would it easier for me to seek sole custody and there after removed the second surname so that it's similar to his bc and apply again for her passport.Please need advice as soon as thank you
ChildSupportLaws Editor 02/05/2017 at 1:45 pm
If you return to the UK, you can renegotiate the terms of the court order between you. However, if your ex wanted more access to his children because of the change in location and you refuse, he would have the option to apply back through the courts. However, there is no guarantee he would be given additional access, the court's decision would be based upon what it thinks is in your children's best interests.
irene 02/05/2017 at 1:01 am
Hi,

My partner and I split up 4 years ago. We were together for 10 years, most of which in the UK. I then moved abroad to an EU country with our daughters and we separated a few months later. I have a court order in my country of residence (myself and my children are citizens) which gives me full custody and details visitation and maintenance for my ex who remains in the UK.

I am considering returning to the UK but wonder how our existing court order will be treated if I do. Will the terms remain unchanged? Do we have to necessarily apply for a new court order in the UK?

I don't want him any more involved in our lives than he is now (which is not much) because while he likes staying in touch with the girls he does not take on any responsibility (i.e. things like looking for schools, doctor appointments, buying clothes, etc) He seems to only ever be interested in taking them to pre-planned sporadic activities at his convenience.

Because of this, more frequency in the visits (which we tried before) ends up being messy because real life stuff is badly done or not done at all. This makes it stressful for me and the girls.

I wonder if going back to the UK would necessarily force us to review the agreement or we could continue with it as is.
ag 29/04/2017 at 10:30 am
My ex was diagnosed with morbid jealousy two years ago, he had full psychosis. I was given sole custody of our two girls 6 ,3. He did have them two night a week when I worked late shift. He was getting various relatives to babysit these nights when he would go to a drug friends house. One of these nights his 25 year old cousin was blowing raspberry on my 7 year olds tummy while she was wearing nothing but a nighty, she didn't like it and asked him to stop several times. I had to stop working as ex would not stop going out on his nights. He then had girls sat afternoons but kept breaking the child protection plan by telling kids how bad I was to him! He then went 5 months no contact, saw them on Christmas day. It was discussed we would make permanent arrangements after new year. On new years eve he stopped us in street and told girls to get in his car it was his day for visit, it was not. He then had them following week but again broke child protection plan. He has now not seen girls in nearly four months. He refuses to consent to a divorce making me wait two years before I can apply or before this prove he was psychologically abusive, police were not involved till end of relationship. When we go to court will all this stand against him? His relatives refuse to engage with girls. I was ill with shingles and pneumonia yet none offered help. He only pus me £20 a week per child but has his own shellfish company. Would any outstanding maintenance monies be back dated.?He is still controlling and if he can get his own way discards the children. Social services have tried many time to get him to comply but he does not.
moomine 28/04/2017 at 12:11 pm
My sister in law had her daughter taken away.she currently lives with grandparents and the childs father has been proven to be unfit.the father lives in same house as the child.can she do anything about it as she still is parentally responsible for her daughter and grandparents have stopped access.
angie 27/04/2017 at 12:05 pm
i have two children. my husband is very severely disabled(brain damaged) for over 7 years now. Children live with me. what do i require for cases when they have to go on school trips or travel overseas ?was told dad & mum have to give parental consent on trips overseas.
children were not born in the uk, but we live in the uk now.
dad lives in the nursing home,unable to talk or write or do anything really.
what do i need to apply for? parental custody? parental responsibility or power of attorney?
Charlie78 Editor 27/04/2017 at 12:58 pm
@PN - Just because your ex might be out of work or on a low income and can't afford to pay child maintenenace doesn't mean his access should be stopped. A point to keep in mind is that the court may ask why these issues of bad parenting and your son's welfare didn't bother you when you were receiving £400 a month? Kids shouldn't be used as a weapon either way.
ChildSupportLaws Editor 27/04/2017 at 11:57 am
If you have parental responsibility of your son, you do not have to hand your son back to his mother (when she comes out of hospital) if you have safeguarding issues and you are concerened for his welfare. Each parent who has parental responsibilty of their child can keep their child without the other's consent. If the other parent disagrees with this action, then the situation has to be dealt with through the remit of the courts (which will decide what 'it' thinks is in the child's best interests and with whom the child should live). Therefore, either your ex can apply to court, or likewise you may wish to apply for a child arrangement order through court, Usually, as a rule mediation must be considered first in order to attempt to come to a mutual care arrangement with the other parent. However, if Social Services have been involved you may be allowed to apply directly to the family courts. Legal advice is also recommended here in order to explore your options fully. I hope this helps.
PN 27/04/2017 at 3:42 am
My ex and I divorced 5 years ago due to irreconcilable differences, and at that time we agreed to split care of our son 50:50.
Whilst for the most part the time he spends at both of our houses is 50:50, it is often around his work or social commitments! His house is a pigsty, and there are also issues regarding my child not having curtains in his room or enough food in the cupboard at my ex's house. Whilst my son 'stays' at his dads, his dad is rarely the parent - i.e. I do everything for our son in terms of clothes, dr's, dentists, childcare arrangements, etc.
My ex has now decided to take child maintenance payments away and has gone for re-assessment through the CMS. This has reduced his monthly amount form £400 to £7 per month!
Due to all of the above I am now considering my options and whether I seek full custody. My son is 10 years old and I am concerned that he is not properly looked after or cared for, and is merely a pawn in his father's game. Do I have any options to do this and how do I do this?
Bikeman 26/04/2017 at 6:58 pm
Hi, my son is currently living with me(me and his mother have been separated for seven years) as his mother is in hospital with a lengthy recovery time after a horseriding accident. While he has been with me I have discovered some issues of neglect regarding his teeth, feet and education which are quite shocking and she clearly hasn't been coping with him. I am amazed that she never asked for help either from myself or the medical profession. These issues have led to three safeguarding referrals to social services that I have dealt with by my assurance to them that his issues are now being seen to, as indeed they are. After she comes out of hospital, I would like to be the primary carer for my son as his mother clearly has had some kind of breakdown, her flat is a mess, her finances are a mess, my son needs help and she ignores it. This is not typical of her normal behaviour. I would still like my son to see his mother and this can happen daily as we live in a small town with no great distance between us. I would however like him back here every night so I can look after him properly. He is autistic and requires help with toileting and personal hygiene that most 14 yr olds don't require. Also he needs to be helped in more ways such as social skills.
Please advise the best way to move forward and I thank you in advance for your help.
Jon^* Editor 26/04/2017 at 11:54 am
@Jo - I wouldn't worry - you won't lose your girls. He won't get custody if he works and you are the stay at home mum, as a court would maintain you as the primary carer. It sounds like the perfect arrangement and he sounds like a decent dad.
ChildSupportLaws Editor 25/04/2017 at 1:58 pm
First of all child maintenance and child access have no bearing on each other. This means, by law your ex is still considered financially responsible for contributing to your daughter's day-to-day needs whether he sees her or not. Your ex cannot apply to take the matter of access to court without mediation firstly being explored. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. If you wish not to have mediation alongside your ex, you can request you are seen separately. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. Therefore, if your ex says he is taking the matter to court, then unless you refuse mediation, the court will not accept his application. If you refuse to attend mediation, or if you both refuse to reach an agreement via mediation, then your ex will be able to apply to court. A court will never take a child from one parent and hand the child over to another unless ABSOLUTELY necessary. As in all court judgements, the main objective of the court is to make a decision based upon what it thinks is in your daughter's best interests. If you are agreeable to your ex having some sort of contact with your child, the court will work with this.If your ex refuses to attend mediation - then he will not be allowed to take the matter further and it will not get to court. I hope this helps answer your question.
Jo 25/04/2017 at 1:00 pm
I'm a stay at home mum. My partner (we are not married) want to split. We have 2 daughters. He is happy to provide me with an apartment for me and the girls while he is living nearby. He wants the girls to stay with both parents. I'm worried that if he change his mind he may ask for children custody and obtain it due to the fact that he works and I don't and he may be able to provide free child care if his mum come to live with him. What can I do? I don't want to loose my girls.
Avaava 24/04/2017 at 10:21 pm
Me and my ex split over two years ago because he has a drinking problem (which he wont admit) and was violent towards me on a few occasions, one time resulted in going to court but I stupidly had charges dropped because he had convinced me it was the alcohol and not "him", social services were involved and tried to get him to engage but to no avail. We then sorted visitation privately, he was having our daughter 3 weekends a month for about a year until his drinking got bad and I blocked contact for 3 months. I tried mediation but he refused to come to the meetings, so I gave up. He promised me he had sorted himself out and I let our daughter start staying every other weekend. During this time I had tried to remain friends and had tried to help at the cost of my own mental health. Well recently I've found out he's been taking our child to the pub, amd he regularly drinks in front of her when hes at home, after asking him repeatedly not to drink in front of her. He's completely ignored my requests and does what he likes, he lies constantly about everything. He says I can't tell him what to do and I'm not allowed to stop him from seeing her, he threatens me with court and if he takes me to court he will win full custody. Half of me knows this can't be true but the other half is absolutely scared he can win. I'm wanting to set up a contact centre maybe but I'm not sure where I stand and if I can actually do this and stop him from seeing our child outside of the centre. I'm wanting to do what's best for our daughter but I'm scared of standing up to him because he tends to get aggressive when I try to. He's awful at paying child maintenance too, even though it goes through csa and normally get an earful if I ask him for it, when I stopped contact he stopped paying and said if he doesn't seem her he doesn't pay for her. Can he do that?. I just don't know what to do and what rights I have, and what chance if he does take me to court will he win custody.
I feel like I've been bullied into a corner, i have mental health issues and him and his family know this and i feel they use this to their advantage and i just don't know what to do. Especially since our child adores him. I'd hate to break her heart just for overreacting.
ChildSupportLaws Editor 24/04/2017 at 2:43 pm
I can only advise you to suggest trying to resolve the issue via mediation and if your ex refuses, you would have to apply to court for unsupervised overnight access. It sounds as though your ex is using excuses as a stalling tactic. You may wish to tell her that you will give her an option to arrange access between you, or you will take the matter further. You may also wish to seek some legal advice. Plus, if you cannot afford solicitor's fees after an initial consultation, you can represent yourself in court.
ChildSupportLaws Editor 24/04/2017 at 2:04 pm
No. Your ex cannot take you to court unless mediation has been suggested/attempted first. The court would never hand over a child to a parent they are not familiar with. I am surprised that any solicitor has allowed such a letter to be written (if the solicitor is aware of your ex's background, lack of contact in his child's life and lack of residence). A solicitor will always suggest you try to sort the matter out via mediation first. You might wish to telephone the named solicitor directly to check the validity of the letter.
ChildSupportLaws Editor 24/04/2017 at 1:57 pm
Before the court would allow any application, your ex would have to suggest mediation as a way of attempting to resolve the issue. The Child Maintenance Service is there to access if you fee your ex is not paying the required amount of financial support towards your child. It is unlikely your ex will be awarded shared care if the access/contact he currently has is sporadic and infrequent. Shared care is usually awarded to parents who perhaps separate and both parents have looked after the children equally to that date and therefore the courts will consent to this arrangement continuing if they feel it is in the childen's best interests.
ChildSupportLaws Editor 24/04/2017 at 12:58 pm
Your ex cannot apply to take the matter to court without mediation being explored first. Mediation will allow you to try to iron out these issues. Only if the issues cannot be resolved and an agreement not be reached, can your child's father apply to take the matter to court. That said, it is highly unlikely a court would award your ex shared care if to date he only has limited contact to his child and there are previous DV issues.
RL2017 23/04/2017 at 10:36 pm
Hi, ive got a daughter who is 18 month old i would like to bond with her and have joint custody of her but my ex is refusing to do this due to the fact she thinks i will take her abroard or never return her ive spoke to CAB on the matter with no avail and i wonder what advice is out there for a single farther, my ex has a lot of problems with being in the 'wrong croud' as such and thats the reason they got involved but my ex said to me SS need to do checks on me which i understand and i am willing to do these checks, but my ex keeps putting stops on these and spredding rumours about me which is unfair ive been paying CSA to her but she is always asking for more and more even a few days after she has recieved the money she says she hasnt recived it so i check with the bank and it has gone through, i try my best to pay my bills pay maitances and get new thing clothes shoes ect for my little girl on top if i can afford it, but i would like stays over at my home which my ex is refusing is there any way i can get through this and speak to someone to point me in the right direction?
Lulu 23/04/2017 at 10:29 pm
My son is 4, he has lived with me as his father has been in prison fot nearly 4 years. He contacted me to see his son, I agreed.. if he went to his parents for the vists. He refused this offer and wanted to collect my son and take him out, I said no, I would rather him be with family members until he gets to know our son. He said he's issued a letter from a lawyer telling me he's taking me to court for custody.. will they give baby to a stranger my son doesn't know? Even though it's his dad? He doesn't even have a residence
Chinagirl84 23/04/2017 at 10:10 pm
My ex and I separated on fairly amicable terms 6 years ago. We have never had a formal agreement relating to visitation. We arranged for our children to spend every Tuesday night and every other Friday night at his although, there have been many occasions when my ex hasn't had them for one reason or another- usually health related reasons due to his illnesses. He has openly admitted he often brings them home early or cancels visits as he finds it exhausting having them. He sleeps most hours of the day because of his illness and finds it difficult to motivate himself. He is in and out of mental health facilities, has hallucinations, self harms and has attempted suicide several times. This is all known by social services. He even refuses to have the kids when his mental health is bad as he says he doesn't want them to see him like it which is understandable. However, he has now told me that if I do not agree to 50/50 custody he will take me to court to get it instead. This came after he stopped paying maintenance because he doesn't feel he should have to as I do not pay anything for my son from a previous relationship. This isn't true though. My son's father and I have a private arrangement not that this should have anything to do with him. He has often complained of having to pay anything and has consistently been late in paying, often in dribs and drabs. I feel he is after joint custody because he thinks it will mean that he won't have to pay any maintenance. I am in utter disbelief. How can he want 50/50 when his ill health means he struggles having them for 24 hours? He is not putting the girl's interests at heart, only putting himself first. Why now? He can't possibly believe that doing this is good for them. Our eldest often refuses to go, it will have a massive negative impact on her already fragile emotional wellbeing. It doesn't make sense. He is not capable of having them half of the time.
Last resort 23/04/2017 at 9:25 pm
I was with my now ex for nearly 5 years. We have a 3 year old son.
I was on my own for 5 years with my older son who is nearly 12 now. But while with my ex my eldest suffered emotional, physical and mental abuse which resulted in social services been involved twice in the last four years. First time while pregnant with our child and second time not long after having him. Never been involved before. While social services were gathering information for the assessment they also was concerns for our son together around parenting and anger issues regarding my ex.
Also concerns for my ability to keep my children safe because of DV.
Since this an agreement has been made for access on a Sunday 11-5 which hasn't been consistent or he's late picking our son up or early bringing him back. But as soon as I mention it the ex gets all defensive and argumentative.
Today (23/4/17) I txt my ex at just after 10:20am asking what time he was picking our son up. At 1pm I took both my sons out. Then just before 3 he ring me saying he's just woke up and demanding to collect our son and have him till 8 pm. When I said no he stated yelling down the phone ending up with him putting it down on me. He is now saying is going to take me to court for joint custody after consistently letting our son down or bringing him home and he's not been changed (came home with same number of nappies in bag as I sent).
After visiting his dad my youngest comes in and refuses to give his dad a cuddle or even say goodbye just going into the living room. He is either very quiet and subdued or angry and upset.
I have decided to get some legal advice to see what I can do but don't know wether to go straight to a legal advice place or straight to a solicitor.
Please help
CharlieMc79 Editor 21/04/2017 at 2:16 pm
@Cookie13 - would you do the same if you met someone and ask him whether he consented to allow you to bring another man into his kid's life? Where both parents have parental responsibility, we all hope that each parent will make a decision based upon what we thinks are in our child's best interest. The sooner us men stop being treated like children and incapable of making decisions we think are right on behalf of our kids. Mums would never think of asking us.
ChildSupportLaws Editor 21/04/2017 at 12:27 pm
As with any child access case you and the other parent cannot agree on, you have the opportunity to take the matter to mediation, and you cannot solve the issue this way, or your ex refuses to attend, then you can apply to take the matter to court. The courts do want non-resident parents to see their children, so unless there is a good reason why it shouldn't, a court should allow access even if it is from supervised at first leading to unsupervised later on.
Cookie13 21/04/2017 at 12:46 am
I am still married to my ex as we haven't been separated for a year yet so cannot apply for divorce. However it has recently come to my attention that he is seeing a new girl (although hes denying it but i know it is true) and has introduced her to our child. Do i have any legal rights here. Am I allowed to habe a say on who he brings into her life while I'm not there? Should he have talked to me about it first? Our daughter is only 2 and she has also said that this woman is her father's girlfriend.
chappers 20/04/2017 at 9:23 pm
I have 2 boys with my ex. I have them pretty much every weekend. My ex went the CSA and told them i only have them 1 night every 2 weeks. She has said that if I tell them the truth she will stop me seeing them. I have tried to get a parenting plan with her. But she refuses. Can I go to court to get this?
Paddy 20/04/2017 at 6:58 pm
I split up with my ex 3 years ago and we have a son together. I tried to stay close and got a bigger flat with a room for each of my kids. ( 2 kids and s different mums). I get to see my oldest who now is getting dis turned by not seeing his little brother. My ex was horrible to my oldest son and he is scared from it emotionally as we can only see my youngest son if we go to the house. The break up was messy as my ex's brother threatened me with violence and police were involved. I feel I cannot put my oldest in such a situation. All I want is meaningful contact but my ex won't allow it. Where do I stand on this?
ChildSupportLaws Editor 20/04/2017 at 12:54 pm
I am sorry to hear you feel vulnerable and are being bullied by your ex. But please be assured, a court will never take children away from the primary carer (you) unless ABSOLUTELY necessary. A court will always opt for stability, security and consistency in a child's life and you as the children's carer offer this. We all say silly things, but a court will never take children away and hand them to another parent on the back of a comment. If you fear your ex may take your children without your consent, then you may wish to seek legal advice about applying for a child arrangement order which will determine though court with whom your children should officially live.
Womanconfused 20/04/2017 at 12:36 am
I need help please, basically I couldn't ever imagine spending a day without my 3 children I haven't done it since they was born! Though my ex threatened to take them away from me and said he would lie in court just to "screw me over" and said that because when I had depression I said something ridiculous in front of my kids something I'll forever regret he will use it and they would give him full residence and I'd get hardly anything I guess my question is what would happen? Would I loose my babies? Would the court help decide on a fair judgement thanks in advance.
Y 19/04/2017 at 5:54 pm
If a verbal agreement on a childcare schedule is made between separated and unmarried parents and one parent becomes ill and hospitalised what are the rights of the other parent to know details of their medical condition and can it be used as reason to withold the child from the agreed schedule until more details are shared?
Pe7 14/04/2017 at 2:36 pm
I need help please! My husband has a child aged 13 with an ex partner from years ago and we see him as much as poss although there are approx 60miles between us and his son. Altogether my husband and I have 5 children. My stepson wants to move in with us and the other 4 children but he is worried what his mum will say and think about it. His mums fiance has hit my stepson a few times and I am concerned it may still happen.
Where do I and my husband stand legally to get him moved in with us? My husband currently has 50/50 custody with his ex which the court advised but this was years ago. Where do we start to getting my stepson moved in. His mum doesn't seem to have ever taken him to the dentist,he has told her his eye sight is getting bad and she hasn't got his eyes tested. I have taken him to get his eyes tested today.
She doesn't seem to take care of him like that at all and it disgusts me and my husband. Thanks in advance for all your help and advice.
ChildSupportLaws Editor 13/04/2017 at 11:59 am
A court will not force your partner to take his children above and beyond the arrangement he already has, if he does not consent to it.
Joeyliz 12/04/2017 at 3:38 pm
Slightly different situation, my partners x is threatening to take him to court, as he doesn't have his 3 kids 50/50, he doesn't as he works 7.30-6, 6 days, he has them every other weekend & 1 night in the week for tea, he's happy with this arrangement, she clearly isn't, she tries to palm the kids off as much as possible, where does he stands? He's constantly getting threats, he pays maintenance & more when they need extra stuff! Any help appreciated
ChildSupportLaws Editor 11/04/2017 at 12:55 pm
You can arrange this through mediation or a solicitor. Or you can just keep it as a family-based arrangement and take no official line. However, even if an arrangement is made through mediation or a solicitor, if circumstances change and you as parents disagree over the arrangement, only a court order can make the arrangement legally binding. Then a court will always decide upon what 'it' thinks is in the best interests of your child and this makes any previous drawn up agreement essentially null and void.
ChildSupportLaws Editor 11/04/2017 at 10:31 am
If you have an amicable relationship with your ex, in instances such as this it really is best to talk to her directly by offering your support and to look after your son more in cases when needed. Sometimes, offering to help rather than kicking against it can be more beneficial than dragging the process through mediation or the courts. You have parental responsibility and can exercise your parental rights, so being firm but fair regarding the welfare of your son should be approached initially.
Kev 10/04/2017 at 4:55 pm
My ex has Given permission for my daughter to live with me permanently. We were never married and nothing has ever gone to court. What steps do I need to take make sure it's all done properly? And can it be done with out courts?
Matty 10/04/2017 at 12:48 am
My son's mother is an alcoholic and while she is a great mother in some aspects, her illness means that she is selfish. She would never neglect or cause harm to our son, but I do worry about our son's educational development. I try to do as much school work with him at weekends and the when I have him during the week. I have asked her to not drink until after they have done his nightly reading, but like all people who suffer from the addiction illness, she makes excuses for not doing it. I don't want to go down the route of getting sole custody because I feel a child is better off having a relationship with both parents that love them.

But (there is always a but) with the added pressure that is being put on children by the raising of the standards by the Government. I feel that my ex's illness will have a negative impact on our son's educational development and I feel that I am failing him because of this. Due to the illness, I know mediation will not have any impact, I am wondering if it is within the courts remit and power to order a parent to assist with the child;s homework or would I have to put in for sole custody?

Thanks for any advice that you offer.
ozzie bloke 07/04/2017 at 4:22 pm
I have a contact order in place for the last five years now, it was recently changed to an arrangement order through the ex breaching the order. My child says they want to come and live with me she is 8. How would I go about applying for full custody. what is taken into account. i read it has to be done before they start high school, is this right
Kentishdad 06/04/2017 at 9:48 pm
My ex and I have an agreed court order in place for her to have custody and for me to have my kids every Tuesday and alt weekends. She has now said she is moving out of the school catchment area and will be enrolling my 8yr old and 4yr old in local village schools. That school has a worse ofsted report as does the secondary school they will attend in time, compared to the school they are currently in or were planned to go to. Can i apply for custody based on the facts about the school results being worse and therefore possibly damaging for my children who dont cope with change well?
ChildSupportLaws Editor 06/04/2017 at 11:56 am
If your ex is trying to stop access and you have parental responsibility of your child, then your first option is to suggest mediation to your ex as a way of attempting to resolve the issue outside of court. However, if your ex still refuses to allow access and/or refuses mediation, or mediation breaks down, only then will you have the option to take the matter to court. If you can afford to take some initial legal advice, then sometimes a solicitor's letter highlighting your rights and the actions you are prepared to take if access is not re-instated, can bring these issues back into line.
Realdad 05/04/2017 at 6:33 pm
Hi me and my lads mum split a while back I have him every weekend but now she has a new partner and he's trying to squeeze me out and I don't think it's right he spends more time with his (stepdad) than his REAL dad what actions should I take ?
ChildSupportLaws Editor 05/04/2017 at 12:40 pm
If you cannot agree with your ex on an issue such as this, then you should suggest attending mediation in order to try to iron out these issues via a third party.
Adam 04/04/2017 at 9:01 pm
I have traditionally always had my son 5.5 days a week. His mother has only had him for one day and a night at the weekends. This has been the case for the last 6 years and our 9 year old son is used to this arrangement. My partner has now decided to change this arrangement and wants my son every other weekend for the full weekend. This causes 2 problems, the first is that my son doesn't wish this and has made this quite clear. The second is that my job requires me to work set shifts and i will have to rearrange them to be able to provide this. It also means that on the weekends that i don't have him i won't see him at all and i don't believe this is in his best interest or even fair on me.
Biya100 01/04/2017 at 1:28 pm
Hi me and my ex husband haven't seen or spoken to each since he left to go back to Africa in 2011. He didn't want anything to do with me or my son who has never met him. I finally got my divorce after the court signed on his behalf because I dont know where he is and we did try and find him. I now want full parental control due to the fact I am getting remarried. How would I do that if I don't know where he is.
Pree 31/03/2017 at 3:55 pm
Hi.
I have joint custody of my 2 children aged 11 and 8. I have a contact order which I obtained from court with regular structured contact.
Last week my ex wife (The kids mum) had a nervous breakdown and was sectioned under the mental health act for a minimum of 28 days.
Therefore for the time being I have full custody.
How will the custody be dealt with with once she comes out of hospital?
I don't want the kids going back to her until she is fully capable of looking after them properly.
What are my rights?
Thanks in advance.
ChildSupportLaws Editor 31/03/2017 at 2:10 pm
Your daughter is still under parental responsibility which lasts until she is aged-18. This gives your ex the option to take the matter to court if he chooses. However, the court is more likely to take on board the preferences of your daughter due to her age. I can only suggest you speak to your child's father directly regarding this and try to reach a three-way resolution between you.
Jayne 30/03/2017 at 6:58 pm
My daughter will be 16 in August and no longer wants to stay at her dad's at the weekend. He left whilst I was pregnant, I have always let him have access at a weekend. When we divorced she was about 18 months old. Our case never went to court. How do I stand by telling him she no longer wants to go or go on her terms.
H 30/03/2017 at 3:40 pm
Hi, my ex n I have been seperated now for 3 1/2 years we are in court for the financial final hearing in Aug. We have 7 children. At first I was forced out of the family home and allowed back every day to look after the children and continue doing my jobs around the farm while he was at work or outside on the farm. After 9 nine months my ex finally allowed me shared residency of my children because he wasn't coping at all, he was out every single night drinking till all hours which I expressed my concern about regularly, this meant 1 week they would live with me n my new partner and the next week with their father. This continued for 6 months but over that period the drinking got worse and he was staying out sometimes until the following lunch time. The children were always left with my eldest daughter who at that time was only 14 years old I was totally distraut and in my eyes at that time was totally unacceptable and borderlining neglect so I decided the best thing was for them to live with me full time. I was still going up everyday to do my job and letting the children see their father before they went to school. He never argued about the arrangement and after a couple of months I started to let the children stay overnight with him every other weekend.. the first night they stopped he left them on their own again!, but after a lengthy argument he promised to step up. This continued for a couple of months and then one day he turned round and said he wanted me off the farm out of the partnership and divorced me and the children went. The children still continue to go up every other weekend and stop with their father he knows he can see them when ever he wants but chooses not to but now he is taking me to court for shared residency. My 2 eldest daughter do not want to live with their father. I do not work and he still runs the 2 businesses, is there a chance that he will get shared custody now.
ChildSupportLaws Editor 29/03/2017 at 2:35 pm
If your partner is abusive, you may find the Woman's Aid link here useful as they can give you support and advice via its freephone 24 hr National Domestic Violence helpline. They will advise you of your best options under your present circumstances.
Sandii 29/03/2017 at 12:33 pm
Hi, My son has equally shared custody of his son 13, This arrangement has been going smoothly for some years now. However, despite this, because he has shown no indication of any interest towards her, as he is happily settled, his ex has informed the CSA that he has his son only 3 times a week.

He has a written letter signed by his ex, stating that they do have shared equal custody, but the CSA said as it was not signed in the presence of a solicitor they can't except it. The old latter system did, but the newer system does not.

His ex has lied to them in order to be awkward. Can you advise any line of actions that would be most suitable to take, and can she get in trouble for fraud as she is lying to a government body?

I would be grateful for any help. many thanks.
Magdalena 29/03/2017 at 10:25 am
Hi I am in unhappy relationship with my baby father, he is abusive to me but I am to scared to phone the police or to tell to any body because I am scared that they can take my baby away. My boy boy is happy baby and nobody ever don any harm to him. I am still living with baby father, trying to sort out all needed benefits I need to live just with my son. I won join custody for my son but I am scared that his father would apply to live with him as well.
ChildSupportLaws Editor 28/03/2017 at 11:44 am
I'm afraid we cannot give any advice here as much depends upon what the court thinks is in the best interests of the children. Before the matter goes to court Cafcass will get involved and conduct a report - it’s their job to interview both parents in the case, as well as the children, and any others who might be needed. This could mean social workers, medical professionals, and/or even relatives. The court will come to a conclusion based on the report's findings.
ChildSupportLaws Editor 28/03/2017 at 11:12 am
It is unlikely a court would rule to change a child's parenting, home, location etc without a very good reason. Likewise, as you are not the other parent and do not have parental responsibility, it would be even more difficult. Your only negotiations could be with the child's parents - as you would have to be given their permission directly.
Dan 27/03/2017 at 2:54 pm
Hi. My friend is going through a difficult time with her 2 young kids. She had parental responsibility and the father saw them once a week or once every 2 weeks. One night refused to hand the children back to her and has now started court proceedings for custody. His statement from his solicitor is nearly all lies saying that she can be abusive and neglectful which is not the case as her children keep telling her they want to come back to her. She was working and struggled to get the kids to school sometimes but always managed to sort something. She always fed them and clothed them and they were happy. The kids don't like it at the fathers. Any advice would be greatly appreciated thank you
Alex 27/03/2017 at 1:34 pm
My brother has a 3 years old daughter with his ex girlfriend. My niece is living in a 2 bedroom flat with her mother (who is pregnant) and step-father plus 5 more kids in London.
The mother doesn't take good care of her. When the girl comes on holidays to my house in Luxembourg her clothes are dirty and stinky. My Brother doesn't want to find a job and doesn't support at all his daughter. When I am with my niece she tells me that sometimes she and the children that lives with her only eat pancakes. When she is with me she never wants to go back to England.
I would like to know if I can ask for her custody even living in a different country.
Lea 24/03/2017 at 4:10 pm
My partner is currently going through court as he feels the children's mother is unable to manage taking care of the children's basic needs. The girls are 3 and 6. She has never taken them to the dentist but has told us that she has we have given the evidance to court. One of the children has health concerns and the mother has never taken them for medical treatment/advice. My partner has been physically and verbally assaulted by her family members. She is claiming domestic violence but has never contacted the police as my partner is not violent. School health are involved and are not listening to my partners concerns. When he got a bit angry in one of the meetings they asked him if he got angry at his children. I can confirm he does not. He was angry because the mother sat in the meeting telling bare face lies which we can prove to the court that she has lied about most things. She has also breached the court order that is in place and we can also prove that. Does her persistent lies help my partner when it comes to being heard by the judge. Neither of them have legal representation so we don't know if what we are doing and how we are going about ithe is correct. PLEASE HELP SHED SOME LIGHT. thank you
ChildSupportLaws Editor 24/03/2017 at 11:26 am
The Hague Abduction Convention is a treaty that many countries, including the UK, have joined. The purposes of the Convention are to protect children from the harmful effects of international abduction by a parent by encouraging the prompt return of abducted children to their country of 'habitual residence'. This means you will have to gain authorisation from your husband to leave the country with your child. If your husband refuses, you would have to apply to the 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 PR. These orders can cover a wide range of issues that you and your ex cannot agree on, such as taking the child to live abroad on a permanent basis. Under these circumstances, if you take the child abroad without authorisation, you can be charged with abduction. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. So, some legal advice is advised here.
Kols 23/03/2017 at 7:21 pm
Hello, I'm in a spouse visa as a dependant from my husband, for many reasons including abuse of prescription drugs, I want to leave him, I want to go back to my home country but I dont know how to proceed as I know as soon as I leave my husband I will be in breach of my visa, is there any chance I can have the custody of our 2 years old or relocation order to be obtained!? Thank you
ChildSupportLaws Editor 21/03/2017 at 12:21 pm
In this case you may wish to seek some legal advice about taking this matter to court.
Brian 20/03/2017 at 5:35 pm
My ex partner mother of our children has taken our son off roll as school.
This is against the wishes of both schools he attended.
This has been done as she was not getting him to school and faced fines and to avoid the action plan put in place by county hall.
I want my son to attend school and wrote a letter to school saying do not take off role, along with a letter from mum saying take him off roll.
The school contacted County hall for advice.
County hall said mother was resident parent and her decision if final.
We are both on the birth certificate and I believe we both have dual custody after mother was sectioned a few years back.
There is no court order in place.
I believe residency takes over the term custordy, is this correct and who has custody/residency.
I thought a parental dispute had to be settled in court and not by county hall.
Thanks

Brian.
ChildSupportLaws Editor 20/03/2017 at 1:57 pm
If the father of your child is registered on the birth certificate, then you would have to ask his permission to move out of the area. If he refuses, you would have to apply through court to request permission. Obviously, if you can both agree to try to resolve these issues between you it is better all round. Mediation may also be an option if you cannot agree and do not wish to apply to the courts. Some parents do take a chance and move away without their ex's permission. If you did and your ex decided to take the matter to court, you could possibly be forced to move back. However, if your financial circumstances show that you couldn't possibly continue to live in the area, and i.e, you have a network of family or friends in the area you wish to re-locate to, then the court are likely to grant the order, as long as your ex has decent access to your kids.
ChildSupportLaws Editor 20/03/2017 at 12:27 pm
I am sorry to hear this - it must be very upsetting for you. As your daughter is now aged-11, her opinions will be taken into consideration if the matter has to go to court. However, the court will always decide upon what it thinks is in the best interests of your child and that does not mean it will agree with your daughter's preference. If the father has parental responsibility of your child and refuses to hand her back, your only options really are to either suggest mediation in order to try to resolve the matter out of court, or seek legal advice about taking the matter to court. With regards to child maintenance payments if you have a family-based arrangement, there is not much you can do. If the matter is orgainised through CMS, then you will be able to claim back pay. Please also note, that if you are working and paying tax via HMRC and your child remains with your ex, he will be allowed to claim from you.
Paula 19/03/2017 at 1:31 pm
Hi,

My daughter (age 11) lives with me full time and sees her dad every other weekend, however last weekend she is refusing to come home saying that she has more "fun" at his house. I haven't made a fuss as I thought she'd of come home by now but shes still adamant that she wants to live with him. My ex is more than happy for her to live with him but as there are no issues at home or school i don't think and don't want this to happen. He cut the maintenance payments from December 2016 and since New Year he's made no payments. Please can you advise me where i stand legally on this ?
Unsure 18/03/2017 at 11:52 am
Hi
I'm in an unhappy relationship and don't want to be with the father of my child anymore. We live in an expensive city and can't afford to buy. I'd like to move to another city and buy a house and for my son to be settled before school. The father of my child, says he'd want joint custody (which is understandable) but is it possible to do this? I can't afford to live in this city anymore but not sure how we'd we able to do joint custody. Is there any law stopping me?
Thanks
ChildSupportLaws Editor 17/03/2017 at 2:09 pm
You can refuse to send your grandson home and if his mother wishes to protest then she can apply for a court order. The fact your grandson is 13 means in court his opinion will be taken into consideration. A special guardianship order is also an option which can be applied for via the courts. This is an order appointing one or more individuals to be a child's 'special guardian'. It is a private law order made under the Children Act 1989 and is intended for those children who cannot live with their birth parents and who would benefit from a legally secure placement, If social services are backing you up, and you feel your grandson needs safeguarding, then you may wish to seek legal advice.
ChildSupportLaws Editor 16/03/2017 at 2:52 pm
If your ex does not agree to your children changing residence - then you would have to apply through court. Even though your children, (as teenagers) are allowed to state a preference where they wish to live through the court - the court will still make a decision based upon what it thinks is in your children's best interests.
ChildSupportLaws Editor 15/03/2017 at 10:33 am
I'm afraid we cannot advise on this as much depends upon the court's consideration and what it thinks is in the best interests of your daughter. Really, in cases such as this, mediation should be explored in order to try to come to an understanding between you both as parents regarding the needs of your child, as court is always seen as the last resort. Much will also depend on whether Cafcass gets involved. If the court requests it, then Cafcass will compile a report upon the basis of what it thinks is in the best interests of your child, and the court will usually adhere to it.
Bex 14/03/2017 at 8:21 am
Hello,

my daughters dad makes up excuse after excuse not seeing her, if he changes the day I used to always offer another time and day to which he would always decline, If I changed the time or day it was always because my daughter had a birthday party to go to or a christening and I've offered another time but he has always declined. now my daughter doesn't want to go out with him alone, she always says about mummy coming, and will scream the place down if he tries to take her. I've just taken him through csa because he doesn't pay all the time and my daughter needs that consistency. I've tried telling him she needs to be in bed at 7 after her bedtime routine (she doesn't handle no sleep very well) but he doesn't understand and thinks it's me stopping him seeing her. and during the day I've said to him he needs go build a bond with her before she is willing to go out with him. he just doesn't understand. now he's taking me to court to keep her. down on paper he is living at his nans address but I know he's living at his gf house who is not working and on benefits, I don't think she puts him down as living with her. on Sunday I even went swimming with them both and sat in the seating area because she would go without me. please tell me where I would stand with this in court.
Debs 14/03/2017 at 1:13 am
Hello I have not been married to my kids father I have a son that's 9 and a daughter that's 7 they haven't seen there father for over 5 years my ex is an alcoholic he verbally abuse me and my son and he attacked me in front of my son when he was 3 and a half I have to get in the way 2times was I got hit instead of my son as well. Social services Got involved because my health visitor saw he was being controlling And he told her to f*** off. My kids can never say they have been anywhere with there dad aka park shops etc cause my ex's routine was wake up computer Nick my money go to shops then pub get drunk then home to shout etc then sleep.he is on there birth certificates. I have police Report social services letters .letters from his family saying they don't see him and my kids are better of with out him.my son had problems problems at school so we had to change his surname to mine surname (by depol)cause if anyone called his that surname he was like a bull in a china shop I have to call there dad his real name because the d.a.d word is not aloud to be said my son has seen a lot of thing for his age and has a thing about people drinking (beer etc) my son is in something in school so he can speak to people about thing.my daughter don't even remember him the health visitor put 4 photos out and she pointed to George Clooney to be him and she heard story from her brother about him and she was asking questions so I had to change her surname too but i have always said to her I will tell you when your older about him but both of my kids not want to know there dad my son has so much anger towards him. No one can find him and I want to take my kids away on holiday but can't cause he needs to sign to say he's OK to there surnames and it ok to go.but he hasn't seen them for over 5 years. Now I would like help to get information on full custody or help on what to do about get my kids on holiday
Lucyloo116 13/03/2017 at 5:48 pm
My husband as a daughter from a previous relationship we live in coleford glos and she lives in cardiff wales we nor she drives so rely on a 30min bus journey 4 mile walk then 30 minute train which we do she does a ten minute bus journey and we meet in newport even when my husband had cancer and was 7 stone in weight from being ill we still went down we have started asking if we can meet in chepstow which 30 minute bus journey 4 mile walk and 15 minutes on train for us and 15 minute trainer for her and theres a indoor play center 2min walk where we can go and play as we have a 1 yr old and his daughter is 2 but she said its to much but wen we go to newport we can only sit in town and my husband as on set of copd i know i shouldnt complain but its a trek for us we would love to see her more but we cant travel we are on low income but still take toys clothes and buy her and her mum dinner when we out and new trainers and shoes for her ect but my husband not on birth certificate he couldnt get to the appointment was in hospital have open heart surgery to remove 13cm tumour all we want is for her to meet us in the middle and she wont what can we do please help
ChildSupportLaws Editor 13/03/2017 at 10:34 am
I think in this instance if you can sit down with your husband and try to sort out the finer detail of access, this will be for the best all round. However, if your seperation is less amicable, then mediation may be the way forward as it will give you both a more structured arrangement you can work to. It is never easy when distance separates parents, as the non-resident parent is inclined to feel the pain of the separation all the more which can lead to some knee-jerk emotional reactions. If you are pregnant then residency for both children will automatically follow i.e, a court would never order you to hand a newborn over to the NRP and it will be considered that your children are better off together (should your husband dispute you having residency). Therefore, a structured agreement will ensure your husband maintains a strong relationship with his children and the best way you can arrive at this is to negotiate this fairly between you.
Skyline 12/03/2017 at 8:27 am
My 6 year marriage sadly is at the point of no return after several years of turmoil. I am currently pregnant and have a 15 month old. My husband's job has meant we are not near family or in an area we would settle so I would be moving 5 hours from where he is originally from and will no doubt return once his job ceases, to be close to my family. Due to his health, anxiety and work commitments, and myself as a healthy, professional part time working mother I am assuming I would get custody (hoping I am correct), however split custody would not work in this case due to the distance I feel it would have a negative impact on my children's social, educational and extra curriculum activities when they are older to travel this distance every weekend. In this case would it be acceptable to propose 2-3 week weekend visit then every 6-8 weeks my children go to him for 5-7 days (fitting in with school holidays?) . To ensure my children have a healthy upbringing? Obviously if possible I would like them to see there father more however want them to lead a normal childhood with their interests not being hindered by our choice to end our marriage.
Bigcol 11/03/2017 at 5:52 pm
My ex fiancé and I split several years ago due to infidelity (hers not mine), We have been sharing custody of our 2 kids since 2007. The CSA are involved and I pay maintenance to them from my wages directly. My children have been speaking to me in confidence about various things about their Mum and it has upset me and angered me, when I brought their concerns to their grandparents so they can approach their daughter as we do not talk, my kids were pressured into changing their thoughts and I was made to look like a troublemaker. Now my kids have said they want to live with me permanently, I explained and was trying to paint their mum in as best light as possible but they are adamant they want to live with me which I am happy to have them. How can I sort out the legal and financial side of this mess, they are 14 and 13 and are mature enough to express their wishes and desires, I am on their birth certificates and they have my surname that she reluctantly agreed to change this year. I as my kids are both deaf and receive DLA / family allowance as it is their money and never see any of it, I want to secure their money as it is theirs to do as they need with it and my ex seems to think it's all about money.
granddadmark 10/03/2017 at 7:46 am
My son has shared residency and parental responsibility for his son who resides with ex partner and husband (step father). My grandson has raised a concern with his school about abuse from step father. The school has contacted social services. For this reason as a family my grandchild is staying with his dad and us. My Grandson is saying he doesn't want to return to his mum & step father. Social services implied for us to keep him until investigation is carried out and the school is behind us with this decision. First mum agreed for grandson to stay with us until sorted out but less than 24 hours later she is kicking off and is not happy at all. We do not know what to do. My grandson was scared to go home in the first place and now social services are involved along with mum kicking off, he definitely doesn't want to go back. My grandson is 13yrs old. Can someone tell us what our options are, Please!
Many Thanks
Desperate Grandparents!!!
Lj20 09/03/2017 at 11:53 am
Hi I have 2 children and each of their fathers have joint custody. One father is reasonable and the other is quite the opposite. My daughter is due to start pre school this year and her father is disputing this. He wants her to attend pre school where he lives which is approximately 10 miles from my home. I would like my daughter to attend school with her brother. His school is situated very close to My home. My son is very happy at his school. He has special needs but is in mainstream with a classroom assistant. He needs to have a solid routine or he will become very distressed. My daughter's father is aware of my son's problems but he dosnt care. He does not have any other children. My daughter's fathers contact is most of the school week but as he works full time his family look after her. I'm worried that his contact being most of the school week will go in his favour and that I will have to take my children to different schools. This is impossible for me to do. My son's classroom assistant is employed from 9am so I can't leave him into school early. His needs are so high she is employed full time for him. The other option is taking my daughter to school early but that means sitting in rush hour traffic and my son being late and his day would then be disrupted as routine is so important. The only way I can see around this issue is to change the days so I have them most of the school week but he won't agree to anything so we are going to have to take it further. Do you think my son will be taken into consideration? I am not asking to take any contact away from him, in fact he would be getting more contact with her as he would be off work. What are your thoughts on this?
123 09/03/2017 at 11:31 am
I left my ex 4 years ago and remarried 3 years go.
My Ex has done everything he can to emotionally and financially abuse me.
We have been in and out of court costing me over £7K and now have a CAO for 50/50 shared care but following a minor argument my son has stayed with his dad for almost a year therefore his dad is in breach of the order as he has not returned him home.
I had a Local resolution order in place due to harassment, Police game me a crime reference number as his constant harassment was considered to be Domestic violence. He has been told by my solicitor I would apply for a non-molestation order if he did not stop contacting me for matters that were not relevant to the health and welfare of the children. He has tried to claim maintenance from me via CMS but they have said no due to the CAO in place. It is written in the CAO he can only contact me via email due to previous harassment. He contacts me constantly and tries to bring the children into the emails just to say he has cause to contact me. (12 emails in 2 days most recently!) This man does not work, and is financially relatively well off. My son who has not returned home is having health issues conveyed to me by school (Not his dad), he is not sleeping, his attendance at school has dropped to 91% (It was 100% all YEAR when he was living with me and my husband 100%) My ex refuses that my son has any health issues despite him having headaches, falling asleep in class etc.. My worry is that he is that fixated on contacting me and I am worried that as he has too much time and money on his hands he will apply for a change in the CAO so he gets full custody of my eldest son so that he can then claim maintenance payments from me. My question is would a court ever grant full custody as we both have PR? I have reported my concerns of Emotional abuse towards my children to social services. They will not get involved as it is a civil matter... I am at the end of my tether as he is a narcissist and nobody can see beneath his façade... It took me 12 years to realise before I got out of the relationship. He is dangerous and has turned my eldest 2 kids against me and It has been evidenced in CAFCASS reports that conversations he has had with my children are inappropriate, and they agreed that my safeguarding concerns whilst in their fathers care are "significant"
ChildSupportLaws Editor 08/03/2017 at 2:44 pm
Please see Family Lives link here which will help answer your question.
Kynzei999 07/03/2017 at 11:54 pm
Hi my eldest daughter's father hasn't had any contact with her for 5 years now he hasn't helped financially or emotionally last time he saw her he abandoned her with a stranger and after bringing her back home never attempted contact I've tried three times through mediation but he has moved and I don't know where he is ..... My current partner and myself have been together three years but due to the economy don't live together my eldest daughter who is 10 has asked to be adopted by my partner but her absent father has parental responsibility is there anyway he can adopt her without her absent father having to be contacted?
Annonymous 06/03/2017 at 3:31 pm
Hi, me and my partner have been together for almost three years we have a son together and she has two daughters from a previous relationship of which the younger of the two knows only me as her dad. We have recently separated, still currently living together and supporting each other but I'm currently looking for somewhere of my own so I can help her with the children, today I contacted some services about my own place and its come the the point where we are on the verge of making separate claims of which I'm willing to cooperate and obviously the children will live with their mother but as of that phone call today. She has turned things sour and made threats with the police and full custody etc because of my explanation of my phone call to the bond board and the jobcentre. I'm just really concerned that I could lose my only son and never see him again and would like to have a better understanding of the law surrounding children and residency. He has my surname and I am on his birth certificate, it doesn't take much to realise I'm a good father not only to my own son but also my step daughters which I want to be very much involved with also. Just looking for advice or guidance of some sort
ChildSupportLaws Editor 27/02/2017 at 12:55 pm
Your partner's son cannot make his opinion properly known to the court regarding where he wishes to live until he is a teenager. Even then a court will still act upon what it thinks is in the best interests of the child. However, if you think there is a specific or justifiable reason why your partner's child does not wish to return home, then you may wish to seek legal advice regarding this matter.
Jcs 26/02/2017 at 8:30 pm
My partner and me have joint residency of his son from previous relationship. His soname age 5 gets ever so upset when he has to go back to his mother and wants to live with us full time at what age can he choose ?
Grey 25/02/2017 at 8:56 pm
I have a son who is with his aunt and has special guardianship of him. I've tried mediation, everything apart from going to court because of no legal aid. She refuses to let me see him. The hole case is very corrupt. Where do I go and what do I do??
EF 25/02/2017 at 11:12 am
I have two younger siblings (15 and 11) still under my mother's custody. My mother has been neglecting and emotionally abusing both of my sisters for a long time - it's a pattern that has continued on from my own childhood (I'm 30 now) and for which I am still getting psychological help to overcome the effects of.

Things like point-blank refusing to seek mental health care for the 15 year old, who has been threatening suicide and has been self-harming since she was 12 and only after she ended up hospitalized from an attempt last winter and the hospital required her to attend a psychiatrist did my sister get any help, despite my best attempts to get her counseling for years. And her counseling has already stopped again despite the fact that she's still self-harming.

Things like leaving my 11 year old sister home alone for hours on end. Or threatening to throw her out when she turns 16 because she doesn't keep her room clean.

Things like not sending them to school for lengthy periods of time (until the school sends letters etc demanding their attendance and threatening fines) because she can't get them up or ready in the mornings.

I'm concerned for their welfare, and think I might be able to provide them with a more stable - certainly with a safer and more loving - home.

Neither of them have a father in the picture who wants access or custody.

How would I go about trying to gain custody of them? I'm concerned my mother will fight me on it as the money she gets from the government for the girls is important to her.
Matt 25/02/2017 at 1:46 am
HI MY NAME IS MATT AND BASICALLY IVE BEEN LIVING WITH MY GRANDPARENTS FOR NEARLY 2 MONTHS BECAUSE MY PARENTS WOULD GO OUT AND DRINK LEAVING ME AND MY SISTER TO LOOK AFTER MY BABY BROTHER BUT ONCE MY PARENTS WOULD COME BACK THEY WOULD BE TOTALLY DRUNK AND ABUSIVE TOWARDS ME AND MY SISTER AND ABUSE US SO I TOLD SOCIAL SERVICES AND THEY SAID IM OLD ENOUGH TO STAY AT MY GRANDPARENTS HOUSE BECAUSE IM OLD ENOUGH TO SAY WHOM IM SAFE WITH AND WHERE I WANT TO STAY. BUT MY DAD GOT A COURTCASE WHICH SAYS I MUST GO BACK TO MY PARENTS HOUSE BUT SOCIAL SERVICES SAID NO ONE CAN FORCE YOU NOT EVEN THE POLICE. BUT WHAT SHOULD I DO ABOUT THE COURT ORDER?
chloe030 22/02/2017 at 11:40 pm
Hi my childs father has been in my childs life once since has beem borm amd he was a month old my son is now 3 years old and doesnt know his father when he was a month old he was very voilent towards me he attackes me with my child in my arms broke my phone and my childs push chair but I was to scared to report it he also come to mh mums house with a knife this time my mu called the police and he went to prison he got out and didnt hear from him then he went back to prison for drugs and something else but not sure what he smokes weed and also sells drugs and his just got out and my friend called me and said he has contacted her asking for my address I am scared as I got my 2 children living with me I have called the police and have a meeting for advice tomorrow but I just wondered what I can do for full custody of my child and will I have to go court and see him and can I get a injunction for him im now really nervous to be at my address what can I do to help me I have not got enough for a solicitor either I dont kmow what to do
ChildSupportLaws Editor 22/02/2017 at 2:51 pm
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 Editor 20/02/2017 at 11:22 am
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.
Joan 19/02/2017 at 5:27 pm
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
G 19/02/2017 at 12:44 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.
sicknote 18/02/2017 at 8:55 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
ChildSupportLaws Editor 16/02/2017 at 2:05 pm
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.
MRD 13/02/2017 at 10:12 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?
Aji 12/02/2017 at 12:44 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
Liam 10/02/2017 at 4:15 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
Charlie Editor 10/02/2017 at 2:36 pm
@Muttley - No, you can't ask the court to consider your wife's actions via association.
Muttley 09/02/2017 at 3:32 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
ChildSupportLaws Editor 09/02/2017 at 12:20 pm
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.
Lee 08/02/2017 at 6:12 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,
ChildSupportLaws Editor 08/02/2017 at 10:54 am
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. 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 Editor 08/02/2017 at 10:14 am
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 Editor 07/02/2017 at 2:01 pm
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
TamFam 07/02/2017 at 1:52 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
DS87 07/02/2017 at 8:22 am
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!!!!
Birky 05/02/2017 at 8:11 pm
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.
Ginger89 03/02/2017 at 9:39 am
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?
lms 03/02/2017 at 9:33 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.
ste 03/02/2017 at 6:56 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??
A 03/02/2017 at 4:51 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
Danni 02/02/2017 at 4:03 pm
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.
ChildSupportLaws Editor 01/02/2017 at 2:16 pm
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.
A 01/02/2017 at 3:19 am
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.
Fab 31/01/2017 at 9:44 pm
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.
ChildSupportLaws Editor 31/01/2017 at 10:55 am
If your ex has parental responsibility, then you would have to ask your ex for his consent. If your ex does not agree, then you can apply 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 PR. These orders can cover a wide range of issues that you and your ex-partner cannot agree on. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. However, if you wish to apply for a Child Arrangement Order for other reasons including residency, then please see gov.uk which
ChildSupportLaws Editor 30/01/2017 at 2:31 pm
In this case I can only suggest you seek legal advice about taking the matter to court. What you don't want is the mother (on finding out she may lose her benefits) trying to reclaim your children. Your best option would be to see whether you could apply for a child arrangement order which would officially determine who your children should live with, If you cannot afford legal fees after the initial consultation, you can self litigate.
ChildSupportLaws Editor 30/01/2017 at 12:46 pm
You don't say whether the father's name is on the birth certificate. If it is not then you can make the decision whether you wish your current partner to adopt your child. If he is, then you would have to have his consent, please see Family Lives which
jaicat 30/01/2017 at 11:49 am
Hi, I would like some advice regarding custody of my 2 year old son. Me and his father broke up a year ago. he see's his son everyother weekend. Only if i take him too his mums to stay with him. he has no house of his own. And is currently on probabtion due to shoplifting and driving offences, stealing cars. I would like to take my son traveling in the winter and would like full custody to do this. I am happy for my sons father too see him until we go and when we return. but i dont feel hes capable to have joint custordy. thanks
ChildSupportLaws Editor 30/01/2017 at 10:07 am
Much depends upon the circumstances and if your wife or you is usually the primary carer. Regardless of your ex's circumstances, if she takes care of the kids on a day-to-day basis and if her mum helps her out, then there is little the court will do to make a change. However, if you are usually the primary carer of your kids on a day-to-day basis then you may have a case. A court will always decide upon what is in the best interests of your kids and consistency and stability are considered very important. This means a court will opt for as little disruption as possible to your kid's lives, which means not removing them from the primary carer unless absolutely necessary. If you feel you have a case you may wish to seek legal advice.
Shana 29/01/2017 at 1:05 pm
How I gonna go of getting sole custody of my 5 year old son? His dad is on his birth certificate and he is the biological Father but he not taking none responsibility towards his son.he think by buying expensive gift bring love towards his son. I told him about I'm in the process of getting the right document for him to sign of me getting full custody. Any advise please
adnan 29/01/2017 at 11:35 am
Hi I need some advice regarding my daughters full time custody.
We broke up a week ago we got 2 kids one is 7 years old the other one 2 years.
My wife is receiving disbility living allowance she's got epilepsy for 20 years.her mom is the carer. I want my kids to live with me as my ex wife not fully fit.
In this case can I get full time custody of my kids or not. Thanks
TD 28/01/2017 at 8:33 pm
My wife and myself have been separate for almost ten months now after she had some affairs. Our children have been living with me(family home) for the last 5 months and previously they were with me 3/4 nights week and with their mum (shelter) the other nights.
Because she had the children initially I lost all the child support etc we received.
I now for cook, wash, put to bed, take to school, buy food etc for our children. I have a low income and struggle to pay the rent, rates etc.
Their mum doesn't want to give up her benefits because she doesn't work and needs the money for herself. She also now has a recent drug habit.
What would be the best way to obtain the financial support I need for the continued care of our children?
Thanks for any suggestions.
Cara 28/01/2017 at 5:54 pm
Hi my daughter is 9 me and her father split when she was 1 due to choosing herion and breaking in to houses to feed his habit I had him threaten to burn my house down and he has done a lot of time in prison due to drugs and theft I changed my daughters last name by de poll when she was 1/12 due to safety my new expartner of 7 years has bought her up has is own and provides for her just like he does r own child my daughters dad saw her three times under my parents supervision but eventually got his new girlfriend pregnant and never saw her again we text and asked and we had no reply from him....about three years ago his new girlfriend text and said he wanted her at weekends which I refused has my daughter doesn't want to see him and he is still on drugs.... Last week my daughter handed me a letter saying she wants her step dad to adopt her because she loves him so much he cuddles her learnt her to ride her bike and has bought her up and on the end she also put I want ew.. To be my dad which broke r heart does any one no what rights I have and would court understand has my daughter is doing fantastic at school a star student and hitting high levels and I don't want that affecting
Anne 28/01/2017 at 1:28 pm
Im looking to move from Southampton to Newcastle after I decided to leave my husband of 10yrs. We have a little boy who is almost 4 and at the moment he has him every other weekend.
We are still waiting for the house to sell but as house prices are more affordable up North and I have friends their I am considering moving there but worried about what he can do if I move that far away?
Please give me some advice as to what my options are
loko 27/01/2017 at 5:54 pm
hi, my daughter was recently sent to prison leaving my granddaughter in the custody of my son in law. I have a court order to see my granddaughter, but, my son in law is preventing contact. What can I do to enforce the court order?
Also, I have growing concerns about the standard of care my granddaughter is recieving from her father. A few things she has told me recently are very troubling, for example he apparently left her in the park alone (she's 4) when he went to the pub? he is also a DJ at a local club and so leaves my granddaughter alone at night? (i think)... ideally i would like to gain full custody of my granddaughter until her mother leaves prison...
what is my position in terms of gaining temporary custody or at least enforcing the already standing court order?
thanks
Snoopy 27/01/2017 at 5:37 pm
Hi. I have a child with someone who is pensionable age ?? there is no child maintenance in place as for some reason UN be known to me he is exempt from paying any? We have been to court 3years ago. As suddenly he took an interest in his child. Nothing was organised for payment then it just seems to be ignored by everyone. Is my ex partner complying with his parental responsibility or is it not compulsory to help with the cost of bringing up a child. Any advice would be appreciated.
Concerned uncle 27/01/2017 at 2:51 pm
Hi my sister is in a messy relationship that is violent both phisically and emotional. She has attempted taking her life but failed how would I go about this without social services the kids have gone through enough to have to deal with that
ChildSupportLaws Editor 26/01/2017 at 11:35 am
As soon as either one of you leaves the house, you will lose certain rights. Whoever remains the primary carer of your children, then they may be allowed to stay in the house with the children until the children are of school leaving age (should the matter go to court). How much you share the care of your children depends upon your mutual agreement and/or disagreement. However, it is the children who will always be put first in any decision by the courts. If you cannot negotiate an agreement between you, I suggest you seek legal advice regarding your rights, as you do have them, regardless of whether the house was lived in by your husband previous to marriage and/or children. Please see CAB link here for more information.
Claire 25/01/2017 at 7:23 pm
Me and my husband are separating we th have agreed on joint custody when each parent has children and child maintenance amount which both he has chosen I agree with as I am just happy he is a good father however he wants it all legally signed through a solicitor can he force me into signing an agreement through court even though we have already come to our own mutual agreements?
kirstey1708 25/01/2017 at 2:32 pm
Hi I just need some advice my daughter is now 10 months old and her father who took 10 months to do a DNA to prove he was the father is now wanting part custody of my child and I don't want that to happen because I think he is only using this to try stay in the country as he is refusing to show me when his visa ends so makes me think he doesn't actually care for her just wants a visa and Is trying to use that I don't work against me and say that I am not suitable to take care for my kids cause I don't want but have slot of support from my family and he himself doesn't work he relies on his parents for money please someone just tell me what do I do i am so lost and confused.
Concerned 1 25/01/2017 at 12:25 pm
I have been married for 11years and have a 4yr old and a 7yr old with my husband. Our relationship has been breaking down over the years finally broke down when I discovered he was pursuing over relationships I wanted to stay together for the sake of the children but he says he is applying for a divorce. My concern is that he wants 50/50 custody of the children! does this mean that we will both be the primary carer? I have been the primary carer for my children since they were born with my husband only taking an interest now they are older. He say he wants me to leave and buy me out of our home but I want as least disruption for our children so would prefer to stay in the family home. Both our names are on the mortgage and deeds although prior to our getting together he had lived in the house for about 6 years. I am worried will I have to leave and will that mean I am no longer the primary carer. I appreciate any advice thanks
Roxie 24/01/2017 at 8:20 pm
My sister is a young mother (21) and my nieve was taken of her by the social worker and now my father and stepmother have her. My sister didn't harm my niece but they took her so quickly and my sister do not understand. My sister is now living with me in a stable environment and what I want to know is can my sister get my niece to spend weekends and holidays with her at my house. Also, I want to see my niece and spend time with her and allow her to grow close with my soon to be child. I Don't understand much about what's going on because I live in London and they are in Bristol. I don't speak to my father or stepmother as we don't get on but I don't care all I want is to be able to be with my niece. I need some advice.
ChildSupportLaws Editor 24/01/2017 at 11:53 am
I think in this case, if you can't agree between yourselves you should perhaps suggest mediation in order to try and resolve the issue through a third party who can help you both put your situation into a pratical context.
Wells 23/01/2017 at 3:17 pm
Hi there.
My ex and I have been spilt for the mogority of our daughters life. I have two sons from a previous marriage and also now a step daughter from my current partner.
Childcare in itself is difficult to manage as you can imaging. We have a good realasionship with all ex partners and we have mutual agreements when it comes to care/custody of the children and also maintenance.
However, the ex partner of my youngest is being quite stubborn. He and his new partner are police officers and work a pattern of 6shifts on and then 4 shifts off. We have tried to make sure all have the 50/50 care of the children we believe is right and we try and make it so they are all in tie with each other to help with such things as.... our work commitments, their work commitments, childcare costs, our time and theirs spent together as a family.
It has now come to a point where he current routine we have is not working for us or the children.
We currently do 5 on 5 off, with the ex partner in question, and week on week off with all others.
This has been changed several times,and as you can imagine, the other partners are now in agreement that the week on week off works well and don't seem why they should change yet again for the conveinance of the z person in hand.
What I would like to know is that where do I stand?. The ex partner in question, after having been politely asked if we can come to some alternative arrangement (i.e. Week on week off like the others) he is simply saying he can't and the only other option is for him to take me for full custody of our daughter?????...... not sure how this would work as he "simply can't" do anything other than his 5 on 5 off!!!
Can anyone help and advise??. X
ChildSupportLaws Editor 23/01/2017 at 1:56 pm
I am sorry ot hear this, especially when one parent i.e you, has done all the groundwork and it seems as though the other parent has swooped in and suddenly is taking all the credit and trying to take over. But, if you look at it another way; to your kids and for the moment the other parent is a novelty and we know that novelty doesn't always last. However, if you disagree with uprooting your kids and if your ex takes you to court it is highly unlikely the court would take your children from you and hand them over you the other parent unless absolutely necessary. The court will automatically favour the parent that has brought the children up and cared for them since they were small (despite the opinions of your kids wanting to live with your ex). Therefore, if you disagree with your kids leaving you and your ex wishes to take you to court over the matter, then there is not much you can do. But at least you can feel safe that is is a very remote possibility that a court would rule to uproot your children and the foundations they have built with you and their schools/family/friends etc and place them in an uncertain and unpredictable situation. I hope this helps.
ChildSupportLaws Editor 23/01/2017 at 11:01 am
Theoretically aged-18, however if your partner's daughter has strong opinions regarding where she would like to live, then should the matter have to go to court (if both parents disagree where she should live), her opinions will be taken into consideration. But still, the courts will still always decide upon what it thinks is in her best interests.
Lee Lloyd 22/01/2017 at 3:34 pm
Hey there, i have 3 kid's from a previous marriage, 10 years ago i just came home and i was told is leaving me and the kids and just left, after a few months my x saw the kid's a few time's, didn't last very long and couple of years went by and then saw them again, during all this i was granted full custody, i never stopped from seeing the kid's, just kept moving from place to place and stopped bothering, anyway has been about 7 years with no contact untill about 2 months ago when my older daughter now 14 started to have communication online, i was ok with this and let it happen, after a short while i invited down to meet up n see the kids, i then agreed to let my 2 daughter's go and stay the new year for a week, obviously had a good time , party etc was like a holiday, so in past 10 years had only seen kid's a few times and then a 7 year gap and then had em for a week and now they demanding to go live with and have madea big deal out of this, of course i don't want this and doesn't even live around here and wants to uproot kid's and take them away, is now threating me with legal action, i don't no what to do or where i stand. Any information would be great , my daughters are now 14 and 12, my son is 11 and does not want to no at all.
Helen 22/01/2017 at 1:46 pm
Hi my brothers girlfriend is due a baby very soon i did go for specil guardenship and the socail worker said coz me and my hubby has only bin marry a year and coz we live in a two bedroom house there was no room and we told the socail work we would move to a bigger house what can i do help
E 22/01/2017 at 10:54 am
Hi..
Me and my partner have two children ages 4years old and 5 months. I think we might separate and go are different ways. We have been together for 10 years not married. She is not British but I am as are my two children mother is Polish. I want to apply for joint custody. How do I do this?
Beatrice 22/01/2017 at 8:56 am
Hi my partner has sole custody of his children. The mother has supervised access at her parents house every 2 weeks. The oldest child is coming up 16 in a few months and we wanted to know at what age can the child decide for herself where she wants to live. Is it 16 or 18??
Bev 20/01/2017 at 3:00 pm
Hi I am seeking advice. I have 3 children and am separated from their father. 1 of my children now lives with his father, he receive's child benefit and working tax credits because of this situation. My concern over the last few months is my ex is neglecting our child. He is wearing clothes that are to small and his brothers old clothes including foot ware . I am in receipt of ESA at the moment, I receive child benefit and child tax credits for 2 of our children. What do I do? I am buying new clothes and shoes for my son without a contribution from his father plus I have him for breakfast every day plus I have him at the weekends and the majority of holidays. He does not contribute financially to our other 2 children and he will not comunicate with me and will definately not go to mediation. What do I do?
ChildSupportLaws Editor 18/01/2017 at 2:36 pm
It depends whether you have shared care through the courts or not. If you do, then you can take the matter back to court to have the order enforced. If the shared-care arrangement is by mutual agreement, then you would have to either suggest mediation to your ex in order to try and resolve the issue. If she refuses then you would have to apply for a court order to reinstate access to your son. You may also wish to seek legal advice. A solicitor's letter outlining your parental rights and warning that if access is not reinstated then you will take legal action might do the trick.
ChildSupportLaws Editor 18/01/2017 at 11:44 am
A mother can register the birth of her child on her own, regardless of whether she is married or not. She can also register the birth jointly with the father if she chooses. If she chooses not to register the name of the father, then the father will have no rights over the child. Even if you decide to register the child's father on the birth certificate, it will give him parental responsibility and some rights over the child, you can see more via Families Need Fathers whichHowever, it is highly unlikely a court of law would award the father residency of your child. A court will always decide upon what is in the best interests of the child, and consistency and stability are of paramount importance.
Jessica 17/01/2017 at 5:53 pm
I have been married for 13 months and am 6 weeks pregnant. My husband and mother in law have bullied be out of my matrimonial home two weeks ago. My husband has applied for a divorce on the grounds of unreasonable behaviour. (basically his mother does not like me) They are also bullying me into aborting the baby as he does not want any financial implications. However I have told him i still want to have the baby. He is now threatening to take custody of the child as soon as it born. He said he will remarry and take the baby away from me so he can bring it up the way he wants.
What are my rights? Will he be able to take my child from me?
ChildSupportLaws Editor 17/01/2017 at 2:48 pm
If you are scared your ex will come and take your child without your consent, then yes, you should apply for a residency order. The process is pretty straightforward, However, if you have parental responsibility you do not have to give your child over to her mother and the police cannot make you do this either, even if they get involved. But, it is still worth having the arrangement made official if you are in fear of your ex snatching your child at any point. You can also get further advice from the likes of Family Lives here or the Citizen's Advice Bureau. Keeping any texts or correspondence of your ex threatening this will also help in court.
Scott 17/01/2017 at 10:44 am
Hi,

I have had my daughter living with me for about 7 months now, She has just turned 1. Her mother only keeps an interest through texts asking how the child is, she always plans to see her and always lets her down. She has now not seen the child since Christmas eve and has only seen her 3 times since October. I've had threats she will come over and take the child back etc and I don't know what my rights are here. I have been told to apply for a residency order but it is all so confusing. Any info here would be appreciated.
ChildSupportLaws Editor 17/01/2017 at 10:34 am
It's a difficult question to answer without knowing your ex's reasons why unless she is unhappy with some part of the arrangement. You can see the gov.uk link here which outlines child arrangement orders. However, usually issues such as these can be agreed via mediation not court. You may wish to ask your ex directly why she feels the need to want to take the matter further, if you are in agreement with the details of your access etc. You might also wish to ask her to consider mediation as a way of resolving any issues she may have in a bid to avoid court.
ChildSupportLaws Editor 16/01/2017 at 2:06 pm
If you have had no contact with your children for six years I advise strongly over going to take your children without consent, even if you have the parental authority to do so. Your best option is to suggest mediation and if your ex refuses, take the matter to court. If you take your children without your ex's permission and he is the resident parent, it is highly likely a court will continue to give him residency i.e hand your children back to their father. I suggest you seek legal advice in order to explore your options.
Dan 16/01/2017 at 12:51 am
Just been informed my ex is seeking sole custody, I have and always will agreed a child for nurture is best with her mother, she also has her half-brothers there too, we agreed already I have her on weekends and I work in a full time career so that suits and as she is disabled that boat wont rock. Surely, theres no point in her doing this? Could there be other motives? And how does it affect me?
mitch 14/01/2017 at 3:12 pm
my ex partner and i had shared care with our son, but my ex partner had just suddenly refused to let me have contact with our son unless it's supervised at his home. There are no other professionals involved he has just decided to do this to be spiteful what can i do
Fizz 13/01/2017 at 3:17 pm
I got a question

My ex partner has my two children he not let me have any contact with them for over six years now. Have I got any rights to them? And can I go and take my children away from him without his consent?
Titou 13/01/2017 at 11:51 am
Hi, I am French myself but living in the UK and his divorce is under the UK law. Kind regards
ChildSupportLaws Editor 13/01/2017 at 11:30 am
I'm afraid as we are a UK-based site, we can only advise on UK-based family law which will differ from French family law - therefore you would have to seek professional legal advice or advice from social services.
Titou 12/01/2017 at 12:09 pm
Hi, my partner is divorcing and it is a very difficult time for him as his ex wife is bullying/threatening/harassing him any occasion she gets. They have a daughter together and she uses her to hit him. Anyway, because she is not willing to do anything they will go to court first of all for the financial separation and then he would like to get the full custody as she is not a good mother. How do we prove she is not fit to be a mum ? I can give you examples but we both find it tricky to prove at the moment. She has a routine which makes her go to bed really late everyday during the week (her mum has a horse and they come back from the ranch around 8/9pm everyday) even when she has school the day after. She doesn't take care of her hygiene as when she comes to us, she always has dirty/long nails, dirty hair, very dirty clothes sometimes. She didn't have clothes adapted to her age for a long time, she didn't have a coat for winter for example, until we bought one for her. The house she was living in had dog poo and wee on the carpet in her bedroom (it has been removed few weeks after when my partner came around and noticed it as he told her that he will call the social services. Which he did) she needs a speech therapist and the mum was telling him that she doesn't need one, until he found out she sees one every week at school... she doesn't tell him where her childminder is during term time, she had a bruise on her cheek, saying it happened at school, he contacted the school and it never happened at school) there are lots of examples but we don't know where to start, how to do it. Kind regards.
ChildSupportLaws Editor 09/01/2017 at 10:48 am
The thought of an ex partner taking the children is the worst nightmare of many parents, and so if it happens, understandably it is a very emotional and stressful time. Many people turn to the police for help to return their child, but how much the police can help is very dependent upon your granddaughter's personal situation. If both parents have Parental Responsibility and one parent is keeping the children against the other's wishes, unfortunately the police cannot help, even if the children do not normally live with them. If your granddaughter's ex refuses to return the child, then she would have to apply immediately for a child arrangement order. To apply to the courts, she will need to fill in form C100 found at gov.uk whichA court fee is also payable though she may be able to get assistance with this you granddaughter receive benefits or has a low income. Ordinarily, the court will give notice of the hearing to both parties so that they can attend and give their side of the story. However, your granddaughter thinks her child may be in danger, then she may be able to apply for an emergency without notice hearing which will be much quicker than a full "with notice hearing". Be aware that this will only be a temporary solution and that any without notice hearing will be followed shortly after by a full "with notice" hearing in which the court order may be changed.
ChildSupportLaws Editor 09/01/2017 at 10:30 am
Your proposals are entirely reasonable. If your ex refuses to attend mediation, only you would have the right to take the matter to court. The court will not allow your ex to apply, unless he had first attempted to resolve the matter through mediation. So, you are taking the correct steps here. Also, the fairness of your proposal is certainly not unreasonable, therefore there is no reason why this wouldn't be accepted via the court, unless your ex could put forward a VERY good reason why it shouldn't.
Katie 08/01/2017 at 9:07 am
My granddaughter's ex has taken the baby and won't let her see the baby he has pr there is no court order in place. Can she just go and get her back
Worried 08/01/2017 at 12:52 am
Hi
My ex and I have been split for almost 5 years. We weren't married and have one son together who is now 9. The relationship was volatile and he was basically a bully. The arrangements for care of our son have always been 50/50 but only agreed between ourselves. I have always given into his bullying ways and therefore I have been left with shorter time at the weekends with my son. We've started to hit brick walls where he is no longer being flexible or amicable so I now want to change the arrangement and have it legally binding. In short I'm still happy for it to be 50/50 but I want us both to have 2 days each in the week and alternative full weekends each (fri-sun). I'm booked in for mediation, yet he doesn't know yet as will only cause an argument, but I'm worried he won't agree to this and it will go to court.
My question is, is there a standard arrangement that a court issues for 50/50 care of a child and does my proposal seem fair if put to a judge?
Olben 07/01/2017 at 4:52 pm
I am officially divorced as of this week and moving 2 mins away from my children and ex husband this month. I was their main carer until 2015 march when I went full time and after I decided I could no longer put up with my treatment from my ex he kicked me out of our house knowing I would not take the kids as I have always put their interests first. I continued to work full time til may 2016 when I was able to go part time. I have always paid more than expected child support. I am about to give up work due to pregnancy and feel that now the financial side and divorce is done and that my circumstances have changed that I am now in the best interests of my kids. I came to this decision due to my ex taking my son to work with him when sick from school, several occasions where homework has not been completed, my ex has a new partner who frequently stays at the small 3 bed house we own with her 3 children forcing my kids to share which they are not used to and which has led to my eldeSt request to live with me, turning up to my house having not brushed teeth. He uses childcare everyday which has impacted on homework and a busy day/schedule for the boys which I tried to discuss a week on week off arrangements with my ex - he said he would lose his childcare if he wasn't using her every week which he said he had checked with her and that he felt the children were happy there so didn't see the need to change it, I spoke to said childcare and she informed me that it would be fine and I also know that if the kids had a choice they would choose a parent to pick them up. I have booked mediation as I don't feel I can trust anything my ex says regarding the kids whereas I have always been honest and upfront- my real question is if this escalated to court regarding a shared care order, would I have a high chance of being the main caregiver due to my circumstances being more settled for the children? Bearing in mind I was the main care giver for most of their lives and was forced to leave the family home? I'm just curious as to my chances of this being resolved in the kids favour. He loves them dearly as they do him and I would never refuse access but would this be the case in court?
Ema 07/01/2017 at 3:01 pm
I've been separated from my partner of 15 years for about a year, we have children 8 & 3. He has this week moved into a new house with the girl he had an affair with and got pregnant while we were together (only been with her a matter of weeks as a couple, not together at the time I left or all this year) he did not tell me or the children of his move, my 8 year old has refused to go to his house last week as doesn't feel comfortable with this female and also told me his dad always shouts at him and breaks things in anger- which he was very volatile in our relationship even to the point I've had police involved in some occasions. He is now even more upset that his dads moved without telling him and is refusing to stay with his dad in the new house. I am being blamed for keeping his child away from him but I'm not forcing him to do something he doesn't want to do, we have a separation agreement signed saying he has kids every Tuesday night and every other weekend but I don't know what to do if my children don't want I go anymore. Any advice???
Ade 06/01/2017 at 5:33 pm
Hi, I wonder if anyone can help with this. I have shared care for my 3 children. We hand off through the school all the time so very rarely do we as parents get together which is good and works for me.
The trouble is my 2 eldest have ADHD and are prescribed medicine. I am wanting the dr's to give us both prescriptions for the children. Are they legally meant to do so? Does anyone know??
Thanks
worrieddad 06/01/2017 at 10:45 am
HI, my ex wife has decided she is moving 100 miles away & taking our 12 year daughter with her, she hasn't told me of these plans and I only found out by seeing for sale sign outside the house, I see my daughter on a regular basis and am very upset by this, a big problem is our child has very recently told us she is transgender and needs a lot of support which I am giving her, her mother on the other hand isn't on board fully and is trying to convince her its a faze, the timing of this move is all wrong as I and everyone else believes that the support of friends and family at this time is crucial, my child has told her mother point blank that she doesn't want to go and that she wants to live with me, would I have strong case in court? my ex is having none of it and insist that a fresh start would be the best thing.
Bob 05/01/2017 at 11:24 pm
When my daughter was born, both my partner and I agreed I would return to work, as his job was making him ill. We have now split and she lives with him, though I see her everyday and have her every weekend. I now want to leave work to take care of her as I am finding it very hard being apart from her. Do I have the right to take her?
Help 05/01/2017 at 4:58 pm
I have a child in England. His mum toke him away from Portugal, where we are from without my authorization. I want to get full custody of my child. Do I need to go to england to do it so?
ChildSupportLaws Editor 05/01/2017 at 2:21 pm
I'm afraid the court will not impose shared care on a parent who does not wish to care for their child.
Peter1978 04/01/2017 at 11:26 pm
I've been separated for 3 years and have 2 kids aged 7 and 9. I work full time and have either 3 or 4 days off thereafter. Since my kids were born and including now, my ex has worked part time on my days off. Saves any child minders. I've looked after them on my days off fully since they were born, and they live with me overnight. The problems arise when my ex decides she doesn't want to give me them certain days as either doesn't suit or she's trying to hurt me by keeping them.. I haven't saw them for 8 days now, when usually at most its 5. Since separation 3 years ago my ex texts me on a weekly basis telling me when i get the kids. My question is can i tell her when i get kids, and keep them for an extra day here or there when she stops me seeing them. They love staying with both parents. Ex is a controlling individual who has to be in control. All im looking for is advice on who should make the decisions.
Tori 04/01/2017 at 10:01 pm
My parents have divorced 3/4 years ago, I'm now 19 and my brother is 16, my dad has full care of us as my mother refuses to have us. My dads health is rocky and his life has been on hold since the divorce. In order to get well and move on with his life some shared care of my brother is needed, she still refuses for no real reason. Is there any law or orders that can be put in place for shared care to be put in place.
ChildSupportLaws Editor 04/01/2017 at 12:36 pm
You would either have to suggest mediation to your ex and if she refuses you can apply to court and it would be up to the court to decide. In the meantime, if you are paying child maintenance through the CMS, you can also apply for a special expenses variation that takes expenses into consideration. Please see CAB which
Mark 03/01/2017 at 4:15 pm
My ex partner moved my daughter 250 miles away from me due to a new relationship. I travel down to pick my daughter up then drive straight back, 500 mile round trip and then the same again after my time with her. I have been doing this for around 4 years now. Is there anyway I can make my ex meet me half way legally?

Thank you in advance.
ChildSupportLaws Editor 03/01/2017 at 2:28 pm
You would have to apply for a child arrangement order, However, if you do not wish to leave the UK with your daughter, then if your husband decides to try and take your daughter abroad without consent then he can be charged with abduction regardless of whether you have a residency order or not. If you wish to prevent him from taking your daughter out of the country for fear he may abduct her, then you can apply for a Prohibited Steps Order. A PSO would prevent your husband from carrying out certain events or making specific trips with your daughter without your permission.
Mimi 03/01/2017 at 7:36 am
My husband and I have been separated for 8 months now. We are both British citizens however he lives and works in Doha and I live in the UK with my daughter. He wants us to join him in Doha but I cannot live there as I don't trust his intentions and fear that he could take my daughter away from me. I now seek to get custody over her. What are my options regarding this matter and is it possible to get full custody over her?
Sparky 01/01/2017 at 1:36 pm
Just a little advise needed, my child attends nursery twice a week all costs are paid by me, I then have my son on both of my days off so in total that would be 4 days of the week.
The mother who refused to look after our child for over 6 months, now has him for the 3 days that are spare.
She is now asking for maintenance which I am sure she isn't entitled to? Am I correct in thinking that It should be the other way round, she should be paying me maintenance?
Also if she takes this further like court which she has also threatened, do I have a leg to stand on?
Danielle2016 31/12/2016 at 12:36 pm
My sons dad and his girlfriend currently have my son once a month they live an hours drive away from us. We've recently got into some arguing but I offered every 3weeks to him have my son but he said he'd rather stick to once a month. I'm petrified he's going to try and keep my son over there. There's no court orders set or anything to stop him from doing so, he has a baby to his partner a daughter who he chooses not to see or pay for and another son he now only sees once a month. If he was to keep him what can I do to get my son back as his dad is on the birth certificate. ??
May 31/12/2016 at 12:31 am
Hi,
My hubby wants a divorce and want me to leave his house being the sole owner. After many disputes i have decided to leave with our three kids. But some friends told me not after all he should be the one leaving the family house. I want custody of my kids but some told me if i leave the house he may claim and wins it. Please help.me understand the real thing. Im confused and need advice. Thank you
Lp22 30/12/2016 at 10:39 am
Hi, I separated from my now ex due to trust issues and he is now living in Australia. He is refusing to be reasonable over child maintenance payments and he makes more than 3x what I do. We have split before and he made it very hard to get any money/ contact from him. He is now saying I wont get anything as he is abroad and is untouchable. What do I do? He is making out he is a good dad, but is happy to see me struggle. Any advice would be appreciated.
JJ 29/12/2016 at 9:30 pm
Hi, I am looking for some advice. My ex husband lives in America (moved abroad when our son was 2) whilst my son and I live in the UK. My son hasn't seen his dad for 3years he calls maybe once a month to speak with our son and sends a small amount of money. When we divorced we completed the necessary form stating that our son will reside with me. My concern is should something happen to me will my ex get custody? He doesn't know our son and my son's life is here in the UK. Is there anything I can do to ensure my parents get custody? Thanks
mr.H 27/12/2016 at 7:25 pm
Hi. Have a 3 year old, separated from the mother. Pay full maintenance and have respectful relationship. Currently only able to spend avg. 1 day a week with him (weekend, due to work and living distances.) Do I have the right to see him more regularly. I.e apply for regular weekend access?
Niomi 27/12/2016 at 2:54 am
Hey, My partner and i have 4 children together and he has twins aged 12 from a previous relationship. we would like to gain full custody of the twins but do not know where we stand and how to go about it. Their mother died 3 years ago and they are currently living with their grandmother. Do you know what we can do?
ChildSupportLaws Editor 23/12/2016 at 10:08 am
As you are the primary carer of your children, then you naturally have residency/custody and it would be highly unlikely a court would remove your children from you. Mediation is the next option if you cannot resolve issues between you. If your ex is not willing to attend mediation or try to resolve the issues regarding seein your children, there is not much you can do to force him. If you feel it is causing instability in your children's life, you can stop access. However, this will give your ex the option to either suggest mediation to you, or take the matter to court.
Kim 22/12/2016 at 5:06 am
Hi I am a single mother on benefits I have three kids.we separated 8 months ago and he has been selfish doesn't come for the kids wen he say he will misses our kids first day at school plays parents evening n he would rather spend his time and money with his gf.i hav recently taken him for child maintenance. I want full custody of our children is that likely or not
ChildSupportLaws Editor 20/12/2016 at 11:48 am
If you don’t share the care equally, the parent who looks after the children for the most hours will usually be considered to be the parent with day-to-day care for the children. The other parent will automatically be the one who has to pay maintenance, please see CAB which
ChildSupportLaws Editor 20/12/2016 at 11:21 am
There are no 'rules'. Much depends upon what you decide as parents between you. Mediation may be a route to consider, if you cannot agree with your ex.
ChildSupportLaws Editor 20/12/2016 at 10:28 am
I am sorry to hear this. Once you leave the house and if you leave the children in the house with your wife, she will automatically become the primary carer and you the non-resident parent. This means you will lose rights to your children and you will then be responsible to pay child maintenance to your wife towards the care of your children. It will also lessen your chance of gaining residency of your kids as any court would rule against moving them out of the marital home and away from the primary carer unless absolutely necessary. If you want what is in the best interests of your children, and you think they may be at risk if you move out, then staying in the marital home will help you maintain your rights. Please also see CAB link here which gives more practical advice. However, please be mindful that situations where one person refuses to leave can become untenable and fraught, and arguments can escalate making it more difficult for all concerned.
Confused 19/12/2016 at 9:19 pm
Hi, I am wondering whether with shared residency and an almost 50:50 split. Who makes payments and why?
Laura 19/12/2016 at 4:22 pm
Are the rules different for a young baby I feel joint custody for a 13 month old is inappropriate
ChildSupportLaws Editor 19/12/2016 at 2:25 pm
Yes, there is no difference between men and women as resident parents, they both have the same rights.
ChildSupportLaws Editor 19/12/2016 at 12:08 pm
Yes, you would have to apply for a variation of the original order.
ChildSupportLaws Editor 19/12/2016 at 11:57 am
We cannot predict what a court may decide. It will always decide what it thinks is in the best interests of the child.
Kev 19/12/2016 at 8:18 am
Hi.
Just after some advice if anyone knows?me and the wife are going through a bad patch we have 3 children my wife has decided to have a party lifestyle lol.
She goes out every weekend getting drunk and stopping out saying she at her mums which I know is not true.she also is under the doctor for depression,health problems etc etc even her doctor wanted to refer her to the mental health team but she won't except help she is getting worse but when I tell her she pushes me away and uses the kids against me and takes them away to there grandmas.
So my question is..she has caused all this and wants me to leave house she is on a collision course and getting worse what would be my chances to get a custody order against her??i don't want to take her kids away from her and stop her from seeing them but I need to take care of my children and there concerns but I can not go on like this every day I just don't know we're I stand she has done all this and expects me to leave the family home and my children but I see it as she needs to go and leave me and my kids to get on with everything and she can still see her children but I know she can not use them as pawns against me..any ideas from a desperate dad would be appreciated..thankyou
James 18/12/2016 at 9:26 pm
Hi, I am looking at getting full custody of my two girls age 4 and 1. Me and my wife have split up in October and she is struggling and indicating that I will be given full custody. At present I have a full time job which is shift work and I was wondering what rights do I have. I appreciate when mothers have custody they are entitle to claim CSA/CMA from the father and then they get child benefits also, does this apply for the father is he has full custody?
Phamdy 16/12/2016 at 8:19 pm
My partner has gone through court to get access to see his son as the mother was refusing access, he now has him every other weekend Saturday and Sunday for 8 hours each day, on the court order it said to gradually increase to overnights but 6 months down the line the mum is still
Refusing overnight stays so he stays at over relatives the weekends my partner has him. Me and my partner have now looked at moving further up north for financial reasons. We know the mum won't agree to the child staying at our new home 4 hours away during holidays and things like that. Would we have to go back through court to get these arrangements?
De 16/12/2016 at 3:56 pm
My stepdaughter had to leave her partner after years of emotional abuse and a fear for the safety of her daughter ,he has since requested emergency child custody ,we have just days to contest this,can he get custody?
ChildSupportLaws Editor 16/12/2016 at 12:17 pm
Your ex has two options; either to suggest mediation in order to resolve the matter outside court, or if your refuse mediation apply to take the matter to court. The court will always decide upon what it thinks is in the best interests of your child with regards to access. It will either award no access, supervised access or unsupervised access and which ever is awarded you would legally have to adhere to it.
ChildSupportLaws Editor 16/12/2016 at 11:05 am
I think in this case mediation may work for you, if you cannot make your ex understand how parenting is mutual or he can't understand your right to privacy and respect. Mediation may help you set some boundaries that you can both work to and any arrangement agreed is approved by the courts
Donna 15/12/2016 at 9:50 pm
Forgot to add the question would i get child custody? I want to be able to decide for our child for example take him on holidays without asking my ex, until he sorts his addiction out, abuse text were just verbal so unsure if this woild be relevant in this case as past few months he stopped that and tried to be nice
Donna 15/12/2016 at 9:35 pm
Me and my ex been on and off past year I found out he is an addict when our child was born! He is a binge addict with past of drug use over 10 years! He has criminal record because of what he did while he was high there is medical history from depression drug and gambling problems also he used to go to drug help place but only because he was facing court after what he did he lies to himself and his family but I know he still use, he had our child once a week with suoervision of his family however I stopped contact as they were disrespecting my wishes and last time he had him he was supposed to drop him off at time I said but he said unless I pick the child up he will drop off at time suitable for him! Our child never has a nap when he is there so routine is broken and I found out he hasnt been where he supposed to be ( with his dad at home my child was taken by family member somewhere else!) I have stopped contact and informed them telling my reasons which still drug usuing is the main concern I gave him too many chances to change what will happen now as I said until he speaks to right people about having his son im not willing to cooperate, not to add past violence that I have texts as evidence from the past drug of choice is cocaine, he also has gambling problem too
L 15/12/2016 at 5:45 pm
Me and my ex partner split up nearly 2years ago and my daughter lives with me, I am now the only tennant on my flat as he came off the tennacy,
He pays no maintence, and although we decided on set days so he can see my daughter this changes to suit him, he also will only see her or have her over night if I or his parents are there too as he goes out,
He gets quite argumentative when I have to work on the days he is suppose to see her but refuses to take her to his home so he can still see her it has to be at my flat,
I am a care assistant and have to do shifts so when I get my rota through I give him my hours for the rota I have so he can help me with child care but a lot of the time does let me down with this,
I don't particularly want to come round my flat due to him walking round my home like he still lives there, but trying to be a reasonable parent so he can see his daughter it's making the situation harder to deal with
I still have a lot of his things here e.g. Clothes even though he has moved out nearly 2years ago and even though I have asked him over again to take them they are still here
I feel like I'm losing a battle and finding it hard to stay resonable with him when it comes to our little girl, I try and arrange via phone so my daughter is unaware of any arguments that may occur,
I don't despute that when he is with my daughter that's his a good dad but it's his attitude and how he treats me when coming to an agreement about anything with our child which is becoming a draining problem
I get on really well with his family and don't want to make a situation with them as they help when I need them but I think I need now some advice on how to set ground rules on this situation so I can just get on with being a mom and go to work
ChildSupportLaws Editor 15/12/2016 at 10:58 am
I suggest you seek legal advice as if you have parental responsibility and your ex has not left a special guardianship order with regards to the care of your children, you do and will have rights. However, your elder two will be allowed to some extent to make their own decision who they wish to live with, while your younger child will be more than likely kept with his or her siblings. Much will also depend upon what previous involvement you have had with your children in their lives. But, the grandparents are not at liberty to shut you out of negotiations. Therefore, you need to follow this up and a solicitor's letter and/or some advice will help, whether it is recommending mediation or outlining/reinforcing your paternal rights.
F1 14/12/2016 at 6:58 pm
My ex partner has passed away november 12.and her family i.e grandparents haven totaly taken over all matters.they have shut me out and not once asked me my feelings and wishes for my children.i need mediation as this family are control freaks.my children are 10.17.and 19yrs old.what shud i do..
ChildSupportLaws Editor 14/12/2016 at 12:19 pm
Unless there is a court order in place then you have a say in the contact your child has with your ex, you are not obliged to drop your child off and you have every right to claim child maintenance (if your ex has your child at weekends only and you do not have a shared-care agreement). However, it is likely that this will provoke confrontation, therefore you would have to be prepared for this. Mediation may also be an option if you wish for a third party to attempt to resolve your situation.
Hayley9710 13/12/2016 at 11:26 pm
Hi I have a 6 year old little boy.
Me and his dad split 3 years ago, after he was cheating and broke off our marriage.
We have tried co-parenting , and I just want an easy life , with no confrontation, however my little boys dad , loves control , is verbally abusive to me, and still to this day scares me. He is now living with a younger girl , who he met a year ago, who seems to be just as controlling, making mine and my partners life unbearable. It's what he says goes basically . We just want an easy life and what's best for our little boy, but seems we always have to abide by him. We have him mon-fri and then he goes to his dad every weekend . We asked if we could have him one weekend a month and he will not allow that either. He lives nearly 100miles away so we have to do one drop off every weekend too, and do not receive any payment what so ever off of him? Please help, we really are at our wits end and want the nightmare to just be over with.
Emma123 03/12/2016 at 9:17 pm
My child father has three kids inc my child for three different women.
I have seeked advice from CSA, this only works in favour if your child father is working. As he is illegally claiming benefits, they can only take £7 weekly from him as payment.
CSA advised me to speak to benefit fraud, this is only way I could claim my FULL amont of money I am actually intilted to as he does work.
I want to make a claim for sole custody as he has a very poor lifestyle and does not provide either finical or physical support. What would the success rate be in terms of me getting financial support along with child care as I myself work 45 hours per week.
Emma 02/12/2016 at 1:22 pm
Hi, I will be in court Monday 5th December to try and have full custody of my child to come and live with just me. It has come to this because me and my partner don't get on so this is the best way however my partners grandparents are trying there hardest to stop this happening and want to put whatever they can in place for them to have a special guardianship and for my son to live with them permanently. Would anything go against me in court stopping my son from living with me. I have a place on my own and I have support from my family and friends. Please answer as this is very important to me. I'm scared of what might happen. Thanks emma.
ChildSupportLaws Editor 02/12/2016 at 10:43 am
I'm afraid it would have to go through court if he legally wanted to fight for custody of his child. However, it is very rare the courts will hand a child over from one parent to another without very good reason. Therefore, taking legal advice would be needed here.
ChildSupportLaws Editor 01/12/2016 at 2:45 pm
You would have to apply through the courts to see whether the court would allow you to take your son with you, if you leave with your son and without your husband's permission you could be charged with abduction. If you cannot afford the legal fees of taking the matter to court, you can represent yourself, If you can, I suggest you also seek legal advice. I hope this helps.
Nomaki 01/12/2016 at 2:24 pm
Hi, my partner has a child with an ex who he hasnt seen flr almost 2 years as the ex got a mew partner and he has drummed so much into her head.. theyve accused my partner of raping his own daughter and then of raping the mother he was arrested and there was no evidence and the case was dropped her partner harrases my partner on numerous fake social media accounts they threaten him they slread rumours in our small community that he is a rapist and hiv positive they keep him from seeing his daughter which he worries about so much because the man she is with is mentally unstable and violent she is also mentally unstable they have now turnt into pasteurs who preach and have apparently been appointed to judge others they make videos online swearing shouting and saying all sorts lf things with the poor little girl in the vehicle the old man forces her to call him daddy and she is not even aloud to see her biological paternal or even maternal family he has isolated her from her family and she calla it love they have a limited amount of friends and have been disallowed to many cultural events because they have tarnishes the names of so many people online my partner wants to get full.custody of his.daughter as he fears she is in awesome danger is there any chance after all the mothers allegations that he could get full custody so she can live with us and her 2 younger siblings? Do we have to go through court or social services
Jemma 26/11/2016 at 12:55 pm
Hi I am a Filipino and just arrived here in UK 4 mos ago.. I want to separate my husband and go back to Philippines but he won't buy me ticket .and he wants me to go without our son.. I' don't want to go without my son.. what's the best thing to do.?.
spanner 24/11/2016 at 12:51 am
I have a 15 month old daughter with an ex of mine and she has started seing a new guy 6 weeks after we split she's making it really hard for me to see our daughter now and I'm worried about this new relationship she's in and my daughter to can i getell full custody of our daughter if anyone knows anything would be helpfull
Jane 23/11/2016 at 3:21 pm
Hi

I have a 6 year old daughter and I am due to attend a contested custody hearjng next week.

I applied for a court order as my ex husband refuses to change the custody arrangement unless it suits him. I currently have our daughter Saturday afternoon to Thursday morning. I'm requesting that custody is changed so We can both have a full weekend each every other week with our daughter but mid week remaining the same.

My ex is verbally abusive to me in front of my daughter and I want yo limit the handovers and limit asking permission every time I want a full weekend Roth my daughter which is usually refused by my ex

Do you think I have a good chance of the court ruling in my favour?
Gino 22/11/2016 at 1:55 am
Hi I have a 11monthes daughter from English girl we were not married to get rid of me because we could not live together she accused me that I raped her so she can have the baby for her self I am on bail till next two integers and she does not let me see my baby at all because she is very weak person infront if her monster mam and it is about 5monyhes I did not see my baby went to solicitor they asked to settle the case and do their job will demand about 3000 pounds I so not have that much so I decided to go directly to court what chances I have to win the case and see my daughter as 50/50 with her mam thanks for any help
Dh73 21/11/2016 at 8:36 pm
Hiya folks,
Without waffling on too much, I have a 7 year old daughter who i see every other weekend. Both myself and my daughter have expressed that we want to spend more time together, but it's always one excuse after another from her mother.

Recently my daughter had a session with the school councillor due to minor issues. The councillor said to my ex wife that our daughter doesn't spend enough time with me. Everytime I broach the subject or when we've arranged something in the past, it never lasts. All I want is to spend time with my daughter, which as advised will be beneficial for us. Yet everytime I bring the subject.up, I'm stonewalled or it only lasts a few weeks. My daughter is also getting fobbed off. She keeps getting numerous excuses or told 'when she's older'. I offer to do all the running around, the picking up and dropping off, yet there are always excuses.
What are my options here? I don't want to cause any upsets or take my daughter away from her mom. I just want to spend time with my daughter when possible.
Gwalia 19/11/2016 at 2:21 pm
My son went to court in 2012 over custody of his 4 year old son. He was granted residency and he mothers access to child one day a week. In reality, she rarely saw the child. The mother had another child and that child's welfare was called into question. As a result, she was only allowed access to both children via supervised visits. This has contininued to date. She is now got legal aid to get a solicitor to call into question the first child's welfare. My son has received a solicitors letter stating that he cannot move house without checking with them other first and that they want confirmation of the after school arrangements for the child. My son cannot afford solicitors fees. The mother is on benefits so can easily do this. Please advise
ChildSupportLaws Editor 18/11/2016 at 1:54 pm
If your ex is registered on the birth certificate, then you would need to ask for his consent as he has parental responsibility. If you move abroad without his consent, you can be charged with abduction. The correct procedure is to apply to the courts and there is a fair chance you will be given permission. However, you may wish to seek legal advice regarding what you should do if your ex objects.
Anna 18/11/2016 at 1:13 am
Me and my ex-partner have twins, 5 months old.
He have been cheating on me and lying for a long time. So im trying to move out of the house and back home to norway.
I am originally from Norway and want to move back, have all my support there and nothing here.
How can i move back with my kids? Do i need sole custody if the dad says no?
We are not married and he is on the birth certificate. Kids are registered both countries but born in the UK.

Thank you
ChildSupportLaws Editor 17/11/2016 at 1:46 pm
We cannot possibly predict what a court may decide. It will always decide what it thinks is in the best interests of your child, and will generally adhere to the recommendations of the Cafcass report (if there is one).
JTarr 15/11/2016 at 9:45 pm
when my partner and I separated we agreed a 50/50 custody arrangement. the relationship has since become very hostile and him and his partner have now become abusive. I have applied through the court to change the arrangement to only allow him every other weekend access. What are the chances of him keeping the 50/50 custody?
ChildSupportLaws Editor 15/11/2016 at 12:09 pm
You can apply for a child arrangement order, You do not have to give your son back to your ex if she demends it, but it might be worthwhile applying for the order to give you peace of mind. You may wish to seek some legal advice in order to explore your options.
Luke 14/11/2016 at 7:33 pm
I am a single dad living in the UK. I originally moved here from Portugal with my ex-partner (my son's mother) 13 years ago. My son was born in the UK. My son's mother made the decision to move back to Portugal 3 months ago, leaving our son in my care.

I am concerned that she may return and demand our son lives with her, even though she consensually left him to live with me while she pursues a new life abroad with her boyfriend. If there anyway, considering mum no longer lives in the country and decided to leave her son behind, or me to have sole-residency of my son. I'm very confused and have no understanding of where things stand legally.
ChildSupportLaws Editor 14/11/2016 at 3:03 pm
We cannot say what a court may decide. If there is actual 'neglect' please see NSPCC link here (which sums up what constitutes neglect), then a court may award residency to the other parent. However, unless absolutely necessary a court will not remove children from the care of one parent and hand the care over to the other. You have not said where the children would prefer to live, as now they are age 11 and 12, there opinions would be considered in court. Therefore, I can only suggest you seek legal advice.
Tam76 14/11/2016 at 12:01 pm
I have 2 step children age 11&12 and their mother doesn't care they come in 2 small clothes , she doesn't spend anytime with them during the week one of them is on medication for renal failure and bladder reflux she doesn't make sure he drinks or check his medication they come to us in a Friday dirty and smelly With no lunch boxes or drink bottles shoes with holes in we provide all we can for them but they never come in what we have provided , my husband the children's father is at his wits end and so am I , we would like the children full time , how would we stand with getting them full time ?
cecelia 14/11/2016 at 11:18 am
currently in a custody battle. Separated 2 years ago, ex partners battle with drug problems and slight personality disorder also drug induced psychosis, had 2 overdoses in the last 2 years, once when he was taking care of our son, so he had to have supervised visits on and off, but then he didn't turn up In February to collect our 4 year old son and then made no effort to arrange to see him since then, until now where he applied to the courts, cafcass is currently drawing up a report, and went to visit my son at school today. They said to me that probs in the future there will be supervised vitsits with a family member that my son knows to reintroduce him to his dad (I volunteered my mum) but the dad is saying that he won't do it with my mum because he doesn't get "along" with her and suggested my sister, she doesn't want to do it and I don't want to get her involved. I'm just wondering how the courts and cafcass can overlook all of this?
Yusuf 12/11/2016 at 10:41 pm
Just one point I did not mention clearly. I am
Not living with my partner for nearly 7 months now. I have always supported my child through benefit and sometimes my family support me financially. My partner always worked cash in hand but saved for himself. The incidents have been reported to the police therefore, I was removed from my place and placed in a refuge. Please advised me on how to stop him completely to have access Ronny child. Also if I can remove his details from child birth certificate
Yusuf 12/11/2016 at 10:33 pm
My Marraige with my partner is under civil marraige. I have been suffering from sever dominating abuse. I have a child from him but he never consider my child as his son. Later on I found out that he is illegal and he is using and abusing me. As I was under threat from him if I did not make an application for leave to remain based on family live he would harm my child. Anyway, as the domistic violence was high the police removed me and I'm somewhere that my husband doesn't know. As his case for leave to remain in the U.K. Is refused. Now he is threatening me to allow him to see my child or take me to court. I never want him to see my child for even a min because he never contribute or take responsibility of the home or child. Even if my child cries at night he screames at my 1 month old child saying wish you death because you're disturbing my sleep. Now because his case refused and remembered to use my child to stay in the country. Do I have the right to stop him to have access to my child. Every time he was beating me while my child was in my arm. Now my child is 8 months and we are living in a refuge. He is extremely violence and aggressive. I don't want my son be with him at all because It will effect him upbringing. But his name is on child certificate. Is it possible to remove his details from child certificate? I am desperately need help and advice.
Emma 11/11/2016 at 12:02 pm
Myself and partner have 3 children. He is only on the youngest child birth certificate. He is not a very nice man he doesnt work and doesnt contribute to a single thing. He doesnt help with school runs in a morning he says why should he get out of bed. I work full time and provide everything.. he constantly puts me down and calls me upsetting names. My 2 older children really dont have a bond at all. He says if he leaves hes taking my son and i wont see him again as he has rights as hes on birth certificate. I feel trapped i just get on with life so he doesnt take my boy. His family are pure poison we have had nothing to do with them for 5 years now my youngest doesnt know who they r. But he would takw him straight there. What can i do
Clairesxz 10/11/2016 at 9:22 pm
I split up with the father of my child as he is not a good father. He cannot cope with his baby daughter and just leaves her screaming. He verbaly abuses me all the time and does not pay for his child. Only wants to see her if his pearents want to see her. Is a useless father and he knows it as he said himself he cannot cope. He always verbaly abuses me infront of our daughter and also can get angry. What rights do i have on making sure that he cannot claim joint custody as im scared my daughter will be neglected as he cannot be bothered to tend to her needs he doesnt show up for visits only when his family want to see her. Dont want my daughter staying with him overnight as he will not look after her as ive left him alone with her and he just lets her scream and wont even talk to her. Please can i have some advice as he threatens to take her off me and he is not a fit pearent!
ChildSupportLaws Editor 08/11/2016 at 2:20 pm
I am sorry to hear this. I'm afraid the only recourse your partner has is to take the matter to court to request contact. However, the cost of taking the matter to an international court would be expensive. I can only suggest she seeks legal advice.
Pedro 08/11/2016 at 10:39 am
My Thai partner is currently having trouble with her ex husband who is not letting her talk to their son.
they have divorced and she now lives back in Thailand whilst the son (six years old) lives in the uk with his father. She would call every weekend and talk to her son but about 4 months ago her ex husband stopped answering her calls and now has blocked her number. She has tried asking his other family members if they can talk to him and get him to take her calls so she can talk to her son but he still does not answer.
Not really sure what to do. Any suggestions
ChildSupportLaws Editor 08/11/2016 at 10:19 am
I'm a bit confused over who your child is living with, making it difficult to answer your question. However, if your child is living with you and you are the resident parent, then it is very unusual a court would remove a child from your care unless absolutely necessary. If your child is not living with you and you have shared care, then if your ex tries to deny access, you would have to suggest mediation or take the matter to court. You may also wish to seek legal advice to see whether it is worth taking the matter to court to apply for a child arrangement order
Eth275 07/11/2016 at 10:03 am
Hi,

I have seperated from my partner and she is threatening to challenge for sole custody. I have been in my current employment since Feb 2016 and have support myself, my ex parnter and our child for 3 years. Our Daughter is now 2 and I am concerned she will try to take her away from me. I can provide proof that our daughter is well looked after cared for and is in a loving home when she is with me, and I am worried about my ex parners mental state as she has started to act irrationally and aggressive towards me when our daughter is either in my care or hers. I feel as though she is trying to use our child as a weapon to hurt me, when not actually having her best interests at heart. We have a parental agreement of the days/times we spend with her. How do I go about making this agreement legal binding and something she needs to stick too?
Cathy 05/11/2016 at 8:30 am
I am currently getting divorced and have a 13 year old daughter. Can my ex stop me moving back to my home city where I have family to support me until my child is 18?
ChildSupportLaws Editor 04/11/2016 at 12:47 pm
This seems a reasonable suggestion and one that the courts will consider (many courts will opt for every other weekend access to give both parents weekend time with the kids). You have nothing to worry about with regards to not seeing your kids - a court will not remove them from you. If the court sees you are being fair with regards to access, it is more than likely to agree with your proposal.
Tashs 03/11/2016 at 3:40 pm
Me and my partner recently split up and he is trying to get my two young children friday to sunday every weekend so that would mean i had no quality time witj my children as the week is school home tea then bed i have suggested 1 night and one full day a weekend so we both get quality time and he can see them every week night for 2hrs before bed.will the courts agree with me or him on this matter as im terrified i wont see my kids
ChildSupportLaws Editor 02/11/2016 at 10:59 am
It is highly unlikely a court would rule to disrupt your children's lives unless absolutely necessary. The court will always consider what it thinks is in the best interests of your children and consistency and stability are seen as most important. So, unless there is an untenable situation in your home which means you are not capable of looking after your children, then no court of law would make a decision to hand the children over to the other parent.
Nik:2 01/11/2016 at 1:54 pm
Hi my husband and I have been seperated for 2 years and he left the marital home 1 year ago after things became to stressful living under the same roof. I have paid every household bill mortgage inc and he transfers a sum of money to help cover the children's food each month.. my problem is he is now threatening legal action and says he has spoken to solicitors and that he will be able to get full custody of my 3 children, all kids are settled in the family home with school and friends nearby, I know that they are both our children and I have never stopped him seeing them we do not have set days times, is it likely that he will be in fact able to take them away from me and their home? Thank you
Jamey 31/10/2016 at 2:11 am
Hi,
My wife and I (both British Citizen's) Have been in New Zealand for over two years. We were about starting our Permanent Residency application when she decided to come over to UK to do some work as she had been unemployed for those two years. Because she wasnt here when the application had to be submitted, we both agreed to leave her out of the application, and I submitted the application for me and our children. Based on our submitted application we got a temporary extension for 6 months, but this didnt include my wife, who's visa has now expired. We have gone through everything else required, and were hoping that as soon as we get it, she can apply for her based on being my wife, and mother of our children - Immigration have however now sent us the following, even though my wife has written, signed and posted a Consent Letter to them ------R2.1.50 Children under 16 with only one parent included in the application for a residence class visa.

a.If one of the parents of a child aged under 16 is not included in the application for a residence class visa, the applicant parent must have the right to remove the child from its country of residence.

b.Such children cannot be included in an application unless the applicant parent produces satisfactory evidence of their right to remove the child from its country of residence.

c. Except where (e) applies, evidence of the right to remove the child from its country of residence in cases where one parent is not included in the application for a residence class visa, but the parents are not separated or divorced, must include original or certified copies of:

i. a written statement confirmed by both parents at interview; or

ii. a court order permitting the applicant to remove the child from its country of residence.

d.If, because of the death of one of the parents of a child aged under 16, only one parent is included in the application, the death certificate of the other parent must be provided.

e.The child may be included in the application where an immigration officer is satisfied that:

i. by virtue of local law, the applicant parent has the statutory right to custody of the child; and

ii. it is not possible or required under that local law to obtain individualised legal documents to verify that custodial right.

---------------------
I am looking at option (e) as the only option. Does anyone know if there is any local UK law that allows me as their Dad (the applicant) to meet this option e criteria
Kay 28/10/2016 at 5:28 pm
Hi i dont know if anyone could give me some advice please. I have a full residency order for my two sons that was made 9 years ago. The court order allows overnight visitation to their dad once a fourtnight and a couple weeks in the 6 weeks holiday and a couple extra days at xmas. This never happened though, he would have them once a fourtnight for two years. On the last visit he had with them he slapped my son so i stopped contact and he stopped replying to solicitor letters so basically gave up his right to see them and prove his innocence which he knew he could not as it was proved he was a liar before and violent against me, he has had no contact with them since which was five years ago. Child maintenece have just told me i will be losing 1/7th of my kids money as he has sent them this court order and so they are taking that as legal evidence. I never changed court order five years ago as already spent years back n forward in court and he stopped replying to my solicitor but now has cheek to send goverment this court order as proof of having them which he knows he not even seen them face to face or spoke to them in five years. I cant afford to back to court to change order and not entitled to legal aid as my partner earns just above the limit. This is fraud i feel just to get out of paying the full amount but i cant do anything it seems. Thanks for anyone with any advice
ChildSupportLaws Editor 28/10/2016 at 12:10 pm
I'm not quite sure what you mean when you say your sister's ex wishes to 'take' the children, but I will try and answer your question. If you mean the father wants 'access' to the children, then this can either be arranged between the parents, via mediation or through the courts (if your sister refuses to let the father see his children and the father wishes to pursue the matter). If, you mean the father wants to 'take' the children from your sister's care, then if he is on the birth certificate and has parental responsibility, then he does have rights to take care of the children. If he is applying through court for residency, then it is highly unlikely a court would award this to him, if he has not been a hands-on dad. A court will never remove children from one parent and hand them over to another except in exceptional circumstances. However, if both parents have Parental Responsibility and one parent is keeping the children against the other's wishes, the police CANNOT help, even if the children do not normally live with them. Meaning, the police cannot choose between parents with PR, that is the remit of the courts. If, however the parent does not have PR, the police will be able to intervene. As a definition of PR is that; mothers automatically have PR as they are listed on the child's birth certificate. A father will automatically have Parental Responsibility if he was married to the mother at the time of the birth or was listed on the birth certificate. If your sister is any way concerned her ex may 'take' the kids and keep them without authorisation, she should seek legal advice.
Dav 27/10/2016 at 11:25 am
My sister, a british citizen has two kids with this man. They are not married and the kids stay with my sister. He wants to take the kinds notwithstanding the fact that he has never taken care of the kids. The kids are all girl and aged 6 and 4
Aussie 27/10/2016 at 10:20 am
My son has just become a daddy he is now 3 maths old his name is on his birth certificate, unfortunately my son 's partner wants nothing to do with my son ,she is becoming violent to my son she doesn't want her grandparents involved either,my son is paying to her maintenance but now she wants it in cash ! SHE says he can see his baby when she says,my son is heart broken, Can he get Joint custody, she and her family will not be very happy obviously ,she is verbal abusive to my son and myself along with her family, what should what Can we do? ? Please help Ax
starsign 26/10/2016 at 10:53 pm
I have a 9 year old son with my ex. We separated 6 years ago. Our agreement was he gets every weekend with him and I have him during the week. It worked out for a while but I noticed I have no quality time with my son I do all the studying and disciplining and no fun for us. Recently my ex is even refusing to allow my son to go to his friends partyat the weekend but he Iis choosing when he goes on holidays with him during the school year without even discussing It with me. I want to change the court order to more family friendly time. Is it possible without solicitor. I am not rich and don't want to get into debt over this. Any advice?
Pepper 25/10/2016 at 3:48 pm
My partner and I have been separated since our child was 9 months old. She is now 8. We have had shared parental custody all this time with approx. equal time each and full involvement with school etc. She is now married with another child. She intends to move to the south coast of England taking our daughter. This means I will see her for very limited times over the school year and will have to pay full maintenance when now I pay a lesser agreed sum because I have shared care and expenses. She says she has a legal right to just go and as it is in the UK I cannot object. The only solution is to got through the courts and they will favour her as she is married and has another child thus forming a "proper" family. Is this true.
GemmaMc Editor 25/10/2016 at 12:53 pm
@Louise - the simple solution is not to register his name on the birth certificate. You can award your ex the same access rights, but if your ex wanted to keep your child without your consent then if he doesn't have parental responsibility the police can get involved. Gem.
Louise 24/10/2016 at 2:46 pm
Hello, I have become pregnant and since have had to relocate due to on possessive and controlling ex partner (father of my child). I have yet to have my child however I am getting distinct impression that he is expecting 50/50 custody but am too afraid to ask as he can become quite aggressive and intimidating. I was clear since day one of finding out I was pregnant (we didn't engage in another relationship as it wasn't healthy) that my child would not have overnight stays until they were at least out of their first year as it is unsettling for such a young child. However as mentioned, i believe he is going to demand this and I know already it is something i am not going to feel happy or comfortable with. I am so scared he might not even return my child to me should he take them aswell as he is very possessive and controlling.
I would just like to know my rights and what the court would condone for two single parents living 2 hours apart?
Thanks!
ChildSupportLaws Editor 24/10/2016 at 2:22 pm
You don't say how old your child is and why the father has not seen or paid for your daughter, which makes it difficult to advise. However, if he has never had contact with your child, the court will not issue an order for shared-care or unsupervised access.
Nil 24/10/2016 at 12:48 am
My childs father has never seen her or paid for her if he took me to court what are the chances he would get joint custordy or access to her?
Lou 21/10/2016 at 11:36 pm
Northwest England.
Advice needed please.

Can I make a legal document where in the event of my husband and I passing away at the same time that states our children are to be taken in by my in-laws and not by my birth family. Our children are extremely close with my husbands family and not with mine but I know my family will fight for custody and the thought petrifies me.

I hope I've posted this right and someone can help. Need advice as soon as possible please. Thank you.
NickieC 21/10/2016 at 5:32 pm
Hi im nicky from south west England.... my 2 daughters livedwith their father for approx 6 years.. in these years i was paying maintenance for them i was paying backdated maintenance ontop of normal paymenst which was due until i caught up.. then sadly i lost my job to redundancy after apporx 3 years of paying.
it took me around 18 months to find another job to which i was there a year and had a private agreement with my girls father which was taking them out every month and buying them their essentials they needed .. ie clothes shoes ect...
Then the girls dad decided to sting me again saying i hadnt payed him nothing and CSA told me that the clothes and shoe they classed as gifts so again i was stung with around £2000 csa which i agreed inthe end to pay as i had no choice.
Now as time has gone by my eldest daughter moved in with me June 2014 and then my youngest moved in Dec 2015,
The girls father has pushed both of his girls away since they moved back in with me and has cause quiet alot of problems and arguments over the past.
now that my daughters are soon to be 15 and 14 I have told him that i would rather him give his daughters the money so they can go out and get their hair stuff or make up or clothes but he hasnt bothered and now its been about 3 months..
I have heard that the CSA no longer is an option ... is this true ??
I think its about time he faced up to his commitments just like i did when they wasnt in my care.. so the bottom line is .. how do i make a claim.. and what do i do... please help
ChildSupportLaws Editor 21/10/2016 at 12:17 pm
It's difficult to anticipate what a court may decide. However, if his business hours are long and you are the full-time primary carer it is likely the court would opt for this to continue and your ex be awarded access. It is rare that 50/50 care is awarded unless the other parent (usually the father) has been very much a hands-on dad.
Co 20/10/2016 at 6:37 pm
I have been married to my husband for 12 years. We have 2 children the youngsest is 2. Last year he had an affair, I found out gave him a second chance and now after 18 months he says he is leaving me. As he is constantly at work leaving home at 6am not returning until 7.30pm and has some regular travel and is studying he has very little time for the kids as it is and I am the main care provider. I gave up work when our second child was born as he said child care would cost more than I would earn going back. Due to his lack of time I would like the children to reside with me and for him to have visitation every other weekend (as I do not think it fair I have to deal with the stress points of school routine and homework all week and the swoops in every weekend and does the fun stuff only). I have also said he can take our son to an existing after school activity once a week. What are my chances of this being granted if he should fight for 50/50.

I find it hard to think I children would be better off staying with him 50% of the time but being taken to and from school by a nanny and he just get home just as they are going to bed during the week.

Is this a request that gets granted frequently?

I can prove that he has little support from family, as they stopped looking after our oldest when he was 4 because they were needed to look after another grandchild who was born after our arrangementsite for them to look after our son were made, and they make little effort to babysit now, with my mother doing the lions share of babysitting and support.

What can I expect?
ChildSupportLaws Editor 19/10/2016 at 12:11 pm
I'm afraid, in this case due to the complexity of your issue, you may have to seek independent immigration advice, We can only deal with generalised non-specific issues.
Hall65 18/10/2016 at 5:01 pm
I am a man, UK resident and citizen of a scandinavian country. I used to live in Thailand and have a 6,5 year old child from a previous marriage with a Thai woman. The child has dual citizenship (Thailand and my scandinavian home country). The Thai divorce agreement registered with the Thai authorities grants me full custody. The child was 1,5 years at the time of the divorce. My scandinavian home country does not acknowledge the Thai divorce agreement, and for this reason my daughter cannot become a resident of the scandinavian country - where the child is a citizen - unless the mother approves.
In addition, she cannot apply for a passport from her scandinavian country where she is a citizen unless her mother approves.

The mother refuses to co-operate, which to some extent can be explained by the fact that according to her I already have full custody. The child is now in limbo and doesn't have a passport and therefore cannot leave UK.

The authorities of the scandinavian country refuses to accept an application for full custody on the grounds that she has never been a resident of the scandinavian country, and now tells me I have to apply for full custody in UK because that is where we reside since five years. I am not a UK citizen.

Any clues of how I apply for full custody in UK given the conditions described above?
ChildSupportLaws Editor 17/10/2016 at 11:35 am
This is a rather tricky and convoluted question to answer simply. If Cafcass has written a report to advising the arrangements to continue as they are, the court will almost invariably adhere to this. If you cannot afford any further legal fees you can self-litigate. Litigants in person MUST be treated equally before the law and have equal access to justice and judges have a duty to ensure a fair trial by giving them due assistance to achieve this. Likewise, where the other party has legal representation, the court has to ensure that the litigant in person is not disadvantaged in the proceedings. This may be an option to save money on legal representation. The precarious part in your question involves moving back into the property. If there have been previous accusations of domestic violence, do you think this is a good idea? There also may be restrictions on allowing you to do this. Therefore, this may complicate your court case further, especially if there are disagreements with your ex on the back of this move. Plus, it also may be seen as intimidating/ emotionally abusive behaviour, if your ex wishes to view/portray it as such. So, I think I would advise you to be careful if you intend to go through with this decision. In addition, your child is not a pawn in a game between parents, or to be used as a tool/weapon and the court will not approve of this sort of game-playing behaviour, whether it is viewed as coming from your ex or you.
frustratedfred 16/10/2016 at 10:30 am
I am in the midst of a protracted child arrangements case. Me and my ex-partner have been caring for our 9 year old son on a 50/50 basis since separation. We are listed for a third hearing early next year. Rather than settle at 50/50, she wants to impose a standard order (one day a week and every other weekend). Naturally, I disagree and this is the last thing my son wants, hence the third hearing. She automatically claimed domestic abuse (albeit there hasn't been any) and I'm pretty sure this was so she could qualify for legal aid. However, I don't qualify, so I'm £9k down so far and still have the final hearing to pay for. CAFCASS have recommended a shared arrangement along the lines of what we have already. She isn't happy with this decision. I have been accused of discussing matters with my son by CAFCASS, that shouldn't have been discussed and have been accused of 'unduly influencing him'. CAFCASS noted that my son said he wanted to spend more time with me. Unfortunately, they never asked 'why' I told my son certain things (which came off the back of things he was told by his mother). Not right either way, but I cannot have him being told things that are blatantly not true.

I'm in a dilemma. I have a jointly owned property, but I am currently renting a place. My ex resides in the property. We are both on the title deeds. Basically, she isn't that interested in my son, hence him not wanting to spend time there; however, she doesn't want to increase her hours at work to earn more, so I suspect she sees him as a cash cow, hence the suggested change in arrangements. My son has told me that he doesn't feel safe with his mum and doesn't trust her (she has told him numerous lies, which he himself knows aren't true). When it comes to the handover, he cries and doesn't want to go back. CAFCASS weren't interested in this, but felt sorry for the mother and spent a good proportion of their time with me discussing the mothers accusations and her finances.

I am considering moving back into the jointly owned property whilst my ex is out. I will ask the police to accompany me. She changed the locks to deny me access, so I'll need a locksmith too.

Any advice on how this would play out on my final hearing/ affect the child arrangements? The property is important, but TBH, she could keep most of it if she would just leave me and my son alone. Advice welcome.
Raj 15/10/2016 at 8:14 pm
Hi I have two boys and have been separated from their father for 10 years. We have up until 4 months ago got along really well and co parented really maturely sharing in all the decisions re their upbringing. However, I have always been the primary carer even when we were together he worked away and their main home has been with me and I have provided stability and consistency over the years for them. He has always had them a Sunday evening until Monday teatime (taking them to school and collecting them from school) and two weekends a month a Saturday day through to Sunday evening. He has them more in the holidays but not a 50/50 split which has been a struggle for me over the years. If they have been ill it has been me who has taken time off work to care for them. However he has recently decided he wants them 50/50 and is refusing to compromise and is basically blackmailing me with court and no maintenance payments. He is also saying that we have never got along and insinuating that I have stopped him seeing his children which is not true. He turns up unannounced at the house to see his boys which I don't mind, rings regularly. He has never wanted to see more of them until now even when I have tried to encourage him. I'm happy for the arrangement to be changed and for him to have more access but I don't believe a 50/50 arrangement will be good for the boys. Is he likely to be granted this after 10 years? I don't really have the money to fight him in court and he knows this and it is upsetting the boys to see us arguing now. He now refuses to speak to me on the phone and no longer lets me come into the house and badgers the children about this arrangement. Please help
ChildSupportLaws Editor 14/10/2016 at 10:38 am
If there is a court order in place that specifies your ex cannot see his child, then he will be in breach and the school would have to also be made aware of this. However, if your ex has parental responsibility then he has equal rights to see your child and there is not much the school can do to prevent this.
M 13/10/2016 at 9:20 am
Can a school allow a father to see his child without the mums permission. My ex husband has being going behind my back to to see his child and the school is saying they can't stop him. How's this possible?
Naez 09/10/2016 at 9:33 pm
My boyfriend has a child less than 6 months and he always visits the Child and transfers money to the mothers account. So the baby mama hates me since am with his ex. She has banned him seeing the Child because of me. And now the baby mama is planning on taking the father to the court because I saw the child on FaceTime. What tips could I give to my boyfriend? Will he be able to win the case?
Lj 07/10/2016 at 2:29 pm
Hi. Currently my son is with his dad mon tues night then either a fri or sat night, rest of the week he is with myself. He is now in year 5 and fall behind at school as he doesn't do homework with his dad. We have spoken about this a lot and nothing has changed. I now think the it will be more Beneficial for my son to stay with me school nights then see his dad. His dad will not have this and is causing big problems. He is telling me to contact his solicitor which I m not prepared to do. How can I get this sorted out without getting solicitor involved as I can't afford to do this where he can. Please help.
ChildSupportLaws Editor 06/10/2016 at 2:55 pm
Much depends whether there is a court order in place. If there is a court order awarding your ex 50/50, then you would have to adhere to this. If there is no court order in place and you refuse access that has been in place for a while, then your ex will be able to take the matter back to court to apply for the access to be reinstated. We cannot predict what a court may decide.
ktnation 06/10/2016 at 11:19 am
My ex husband and myself have seperated for 2 years, i had the children 5 days a week for the first year until he pushed for 50/50, so that has been the case for the last year. I am now going to work part time and want more time with the children. will the courts see that as appropriate
ChildSupportLaws Editor 05/10/2016 at 2:10 pm
Firstly, no court would take your child from you and hand her over to the other parent, unless 'absolutely' necessary, so you have no worries there. A court will always opt for what is in your child's best interests and consistency and stability are considered most important. Your ex cannot stop your child maintenance (if you have a family-based arrangement, then if this happens you would have to approach the CMS to have it reinstated). Your ex is blackmailing you, and therefore if you have evidence of this you would be advised to keep it should you need it for proof. Before your ex applies to court, he would have to suggest mediation. Only if you refuse, or if the mediation process doesn't work out would he be allowed to take the matter to court, meaning there is a long way to go first before it would ever get to that stage. I hope this helps.
WorriedMommy 05/10/2016 at 1:30 am
Hello,

My husband and I separated a 15 months ago and are in the middle of getting divorced after he had an affair and now lives with the person.
We have been getting along fine, and he sees our daughter week 1, Friday after school until Monday morning, and week 2, Sunday morning through Monday school drop off..
However he recently threatened me that if I didn't increase his hours for Christmas, he would take me to court, stop my maintenance and get 50/50 or full custody.
Basically what I proposed to him was that he had her the day before Xmas eve until 11am Christmas Eve, then I would have her until 1pm Christmas Day, then he could have her 1pm for her dinner until Boxing Day afternoon. In my head this would be equal as I had her for lunch last year.. I just don't see what the problem is with me having her until 1pm Xmas day.. It means we get to wake up (usually around 8.30 on non school days), open presents, have breakfast and play with her presents and my parents can see her before she goes to her fathers for lunch and presents..
I just don't see how I'm being unreasonable?
However now I am worried, I was made redundant during pregnancy and took a year off before we split to look after her, I then suffered anxiety after our split and have been on benefits. I am now seeking full time employment and work part time as a carer, he and his gf have good jobs and he kept our house and car whilst I live in a rented flat.. What are the chances she would be taken away from me if he did take me to court? I love my daughter with all my heart and don't understand why he has threatened me.. But now it's got me so worried I'm wondering if I should seek legal advice first?
Lis 03/10/2016 at 4:30 pm
Me and my ex partner split over a year ago, we have two children together age 18mths and almost 3, our relationship was volatile and like a living nightmare which only happened when I was pregnant. We had a good arrangement which worked until I started seeing someone else in September of last year. He turned violent, attempted to smash my car up, screaming obscenities and threats at my current partner whilst my daughter was in the back seat... there's been numerous police involvement and call out's. My mum passed away end of march and me and my current partner had taken a break because there was so much strain on our relationship and it wasn't healthy for either of us. My children have both met him as I was the full time carer of both children for a period of time. My ex partner helped with the children whilst I did nightly hospital visits and I had them during the day. He has since changed his mind and has applied for residency "the cheap way" I see the children 3 days a week from 11 until 6pm. This is all going to court but I was wondering if anyone had a similar experience of this and if they could potentially give me some advice or a general idea of what to expect.
ChildSupportLaws Editor 03/10/2016 at 2:38 pm
Unless absolutely necessary, the courts would not change the existing arrangement. If your daughters are 13 and 9, their opinion will also be taken into consideration by the court. You may wish to suggest your ex takes legal advice.
Eric's mummy 03/10/2016 at 11:54 am
2 years ago my ex and I agreed to a legal separation. Within that document stated that I would have the kids 73% of the time, the maintenance amount and the financial cost split. I gave up my career which entailed commuting daily and which would mean my children in childcare before and after school and started a new career as a homeworker so that I could be here for them. I saved up and worked hard and moved from rented accommodation and purchased a 2 bedroom house that I renovated into a 3 bedroom house so that my two kids could have a room each and a garden. I continue to work hard and have been able to take my children overseas 3 times with a further holiday booked in January. My kids have come first in every decision I have made to ensure their well being and happiness. Since the legal separation was signed the maintenance has continually dropped until in April this year he heard about the Child Maintenance Service and was awarded the minimum payment. For 12 months he rented a 3 bedroom house with his girlfriend and her 9 year old daughter (they moved in together with her daughter after knowing each other 2 months) during this time (or any time previously) did he ask to change residency. They split up and he has now moved into a rented 2 bedroom apartment where my 13 year old has to share a room with him (our daughter age 9 has her own room). He is on and off with the girlfriend and sometimes they all sleep at her 2 bedroom house or his 2 bedroom apartment. They both smoke heavily, they both drink/have parties on a regular basis with the kids in the house (parties finishing at 2/3 in the morning) and he commutes to work 3 days a week leaving at 6.30 a.m. He constantly complains that he doesnt have money, the kids regularly moan on the return from his house about one thing or another.

I have been with my boyfriend for 15 months and his sons and my children have integrated well. His youngest son and mine call each other step-brothers and go to the same school. We live in our own homes but share holidays together and are working towards plans to blend our families should everything continue as it is. We have really worked hard at ensuring that our kids are not rushed into anything.

I have recently started divorce proceedings (been separated for 30 months) and now that I am insisting on a divorce my ex is saying he wants 50/50 residency and is bullying me into not going to court to as he says it is a waste of money. He is pressurising me to agree or state why I wont concede. I strongly believe that our home is their main residence, they are happy with this arrangement and nothing has ever been said about my parenting as I work very hard at being a great mum.

My solicitor says that it would be very unlikely that the judge would change anything unless the children were unhappy but my ex is intimidating me saying why would the judge not give him 50% because he thinks the kids should now be with him 50% of the time and he now wants it to
GetaLife Editor 29/09/2016 at 2:46 pm
@Debs - Would you consult your ex and ask for his consent if you let your present partner (i.e if you have one) help your son with his homework? The fact your ex is taking a responsible and caring role regarding your son's schoolwork should be supported and applauded not remonstrated against. It's not like she's handing him cigarettes, or alcohol. She's 'helping' him! I wish my ex's g/f would help my kids with their homework, it would certainly take the pressure off me! Iz.
ChildSupportLaws Editor 29/09/2016 at 2:42 pm
A case for what? Your ex has parental responsibility for your child on an equal basis, therefore he has the right to make the same decisions as you regarding what he thinks is in the best interests of your child.
Debs 28/09/2016 at 7:48 pm
I have just discovered that my ex husbands girlfriend has been tutoring my son with his school work. Now i have nothing against her seeing my son, that was never an issue but when it comes to my sons educational needs & extra tuition, I as a Mother has a right to know what is going on & why I was never consulted in the first place. We both have joint custody but its also joint decision, so I should have been consulted in this practice. Also, I had mentioned a year ago about getting a tutor in to help my son with my ex husband but he is denying any knowledge of it. I'm really peeved about it, maybe I'm being petty but in my opinion his girlfriend shouldn't be getting involved & I should have been informed. Anyone out there think I have a case?
ChildSupportLaws Editor 28/09/2016 at 12:57 pm
It is highly unlikely a court would rule to take a child from one parent and hand him to another parent unless absolutely necessary i.e serious neglect. If your grandson is cared for and has all the support he needs, regardless of the health of your daughter, a court would not see fit to move the child. The court will always decide upon what is in the child's best interests and stability and consistency count high.
Kells 27/09/2016 at 2:37 pm
My daughter has a 15 month old child, she has recently split with the father of her child. They have only ever lived together for a few weeks and because of the volatile relationship it never worked out. The child has always lived with my daughter and myself and grandfather. The child has his own room here and my daughter has lots of support with the child's care as she has a medical illness that can be debilititating. A team of carers are with her myself and my husband are on hand at all times. There are no concerns for the child's health or development. He's a happy bright child. The father never really took any interest in the child until my daughter split up with him. The father is now saying he's applying for custody of the child because of my daughters illness. He has been emotionally abusive since they met and my daughter did suffer depression for sometime although this has now improved since the relationship ended. The ex has a criminal record ( drug dealing and Violence and other petty crime) he lives with his parents full time and there is not even a room for the child at the house. We are willing to offer him contact 8-12 hours a week but he insist he will win custody due to my daughters medical condition. Will a court really grant custody to him?
ChildSupportLaws Editor 26/09/2016 at 11:57 am
You could apply for a child arrangement order through the courts, which would legally determine where your child should live. However, there is very little chance your ex would ever get shared custody of your child. However, you may decide to look at appointing a legal guardian (should anything ever happen to you). Obviously, we would hope this would never be the case, but it is always something to keep in mind. If you do wish to appoint a guardian then your last will and testament should reflect this. You must include, in as much detail as you can, the reasons why you wish your designated guardian/s to take on the role of caring for your child. I hope this helps.
Lucy 25/09/2016 at 3:30 pm
My ex is living in another country and he has not helped financially towards our daughters' upbringing for a year. I have recently started the paperwork in order to get a reinforcement of child maintenance, which has been sent to the USA where he now resides for consideration. He has not seen her in 2 years and only calls every so often - not consistent in her life whatsoever. We were never married however he is on both UK & US birth certificates, and my daughter holds dual nationality. My concern is that he will request for shared custody (out of spite) if he gets served the documents for child support. How can I get a written/legally binding document to make sure that I am my daughters only guardian? Or that can prove that I am her only and main caregiver and that I have full custody of my child? Will I need to hire a lawyer? Can I file for the necessary paperwork without a lawyer? Please help, any advice on this is important.
ChildSupportLaws Editor 21/09/2016 at 2:46 pm
This is always a tricky situation, and if your ex continues to have the same opinion, your only option would be to take the matter to court via 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 you and your ex-partner cannot agree on. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Applications for a Specific Issue Order are heard before a judge and a representative from Cafcass (Children and Family Court Advisory and Support Services Officer), who is a qualified social worker. Your ex would have to give a good reason why she doesn't want your children to be in the company of your ex (i.e the reason of disliking her wont do). Therefore, if your ex has no particular/good reason for your children not to see your partner, then the court are likely to grant the order to you.
Scouseanon 20/09/2016 at 11:02 pm
I have recently split (8 months ago) with my wife of 8 years. We have 2 young children aged 11 and 7. I see the children 2 nights a week at the moment and pay regular maintenance payments. I have recently began dating a new woman. Things are progressing well and hopefully we move in together in 6 -12 months. However my ex wife is saying that this woman is not allowed to meet or be anywhere near my children. If I do she will stop me seeing them and have to take her to court to see them. This girl has done nothing wrong and is already a fantastic mother to her 4 children. She has a highly respected job and no convictions or has ever been in trouble. Where do I stand with this matter please.
ChildSupportLaws Editor 20/09/2016 at 9:58 am
In situations such as this there is no right or wrong answer and it really is down to the parents to try to sort it out between themselves regarding who drops off and picks up, and were possible this should be shared equally. However, if there is a contact order in place and your daughter has full residency, then her ex should abide by the order otherwise he is in breach. On the other hand, your daughter should have requested permission from her ex to move away (if he has parental responsibility) and a variation of the order should have been made before your daughter moved. Therefore, if they can't agree, then mediation may be the next option and if they still can't agree, I'm afraid it's back to court.
tammyj 19/09/2016 at 12:43 am
My daughter had been separated for 2 1/2 years before she divorced from her 7 year old daughters father around 3 years ago and was given primary residency of the child. The fathers contact order is for every other fri-Sun and the alternate Friday for 2 hours. My daughter has neer hindered gis visitation. She also has another little boy who is 4 from another relationship and due to this relationship breaking down 12 week's ago she moved with the children back home to us as she could not cope and needed out help. We live 63 miles from my granddaughters father and we have been amicable with him even setting up and additional evening for him to see her as he worked near us on that day. The contact has been regular since my daughter moved back. Her ex collected their daughter in Friday evening and the arrangement was that he bring her home Sunday evening. Anyway, tonight he refused to vrin her back and said my daughter could.meet him 40miles away for hand over or he would bring her back Tuesday when he is working this way. My daughter said Tuesday would be fine to bring her back especially as he hasn't seen her in almost 3 week's because he has been away. Tonight the messages started from him say in that the arrangement is for him to collect their daughter at such and such a place on a Friday and drop off at same said place in a Sunday. He said he would not being her back tonight and that on Tuesday my daughter has to meet him to hand her over as he is refusing to bring her back here. He said this is all my daughter's fault because she has moved away and he shouldn't have to travel. At present my daughter is on sick leave from work the to severe anxiety depression and possible ptsd all brought on because of the bad relationships she has been in. She has very little.money to afford fuel running costs. My question is: Is she obliged to travel to drop off/collect her daughter or should it be his responsibility to do so? Thank you in advance
A loving father 16/09/2016 at 12:23 am
I've been seperated from my ex wife for over 3 years, during this time I have tried to have my son 50% of the time via a 4 on 4 off rota. My circumstances changed recently and I had to take a new job, monday to Friday. I approached my sons mother to ask for 3 weekends out of 4 with me seeing him every Thursday evening so try keep it as close to 50% of the time as possible. As she works 16hrs a week ( school times ) and 2 weekends I thought she would appreciate having one weekend with her partner, one with her son and the others not worrying about child care but she seems to want me to only see my son for 2 weekends a month and funnily enough the 2 she needs to work, like I'm a free child minder. I hate being without my son and intend on being on a 4 on 4 off work rota ASAP but she has no flexibility in the fact this has changed out of my control and would only be temporary. Would a court award me 3 weekends, is she being unreasonable.
ChildSupportLaws Editor 14/09/2016 at 2:30 pm
You would have to seek legal advice regarding this in order to explore your options, which would be to apply to court for a child arrangement order that will determine where your kids should live. If the children are living with you currently, then it is likely the courts would rule to allow them to remain where they are. The only issue you have to watch out for is if your ex decides to keep them without your consent, as the police cannot intevene in any case where a parent has parental responsibility.
ChildSupportLaws Editor 14/09/2016 at 1:49 pm
You certainly can object. In an ideal world, child access should be negotiated between both parents through mutual agreement. If you can't resolve the situation between you, then I suggest mediation as the best way forward here.
soo 14/09/2016 at 8:55 am
my wife left me and my children and now wants children ,can i get custery order for them . as they are in school and we just bought new house to move into
Jade 13/09/2016 at 9:11 pm
For the last four years since splitting with my two children's biological father I have had the children live with me permanatly with a civil agreement for the father to have them over night on a Saturday with fizzled out quickly as he always had an excuse, he is now supposed to see them on a Saturday through the day and bring them home in the evening which again happens as and when it suits him! I have been with my new partner now for three years and we have a very stable home life after the very disruptive past of their biological father, they call my partner daddy and idolise him, he has provided them stability of a secure home and all the emotional love and support they could hope for. Due to the inconsistency of my children's biological father I have advised him that he can have the children on an evening through the week for tea etc as we can not live our weekend around when he decides he can be bothered to turn up. My partner works away through the week so weekend family time is precious and my children count down sleeps to it every week. The children's biological father is now saying after Christmas he will be having the kids all weekend every weekend. Do I have a case to object this given the fact that the children have consistency with myself and my partner who is effectively their father in the children's eyes seeing as that is also our family time due to work commitments.
ChildSupportLaws Editor 12/09/2016 at 2:40 pm
Much depends on what the Cafcass report advises. I'm afraid we cannot predict what a court will decide.
ChildSupportLaws Editor 12/09/2016 at 2:01 pm
Due to the circumstances in which your ex obtained residency of your son, you would have to seek legal advice in order to explore your options.
Sanni 10/09/2016 at 12:51 pm
Hay I wanna ask a couple of questions I'm fighting child custody for my autistic son last year I was in a abusive relationship and I ask my ex to look after r son for bit so I can get out of that relationship without my son being around it but my ex to took me to court and I signed the papers I wasn't well at all under so much depression I couldn't think right as well but now I'm all better stronger then ever I wanna put my family back together for my two children to grow up together to give my son all the help he needs I wanna no if I've got a chance to win him back please
Nicknack 09/09/2016 at 11:48 pm
Hi. My partner and I were travelling when I fell pregnant, I came back home but he stayed travelling he did not help me financially, physically nor mentally through out my pregnancy and sent me threats about taking my unborn child and also domestic abuse (confirmed by the police) MARAC taken place to safeguard me and baby,he's now taking me to court for parent respinsibility, if I know he's a drug user and a domestic abuser can he gain PR? I don't want this man alone with my son.
mum1976 09/09/2016 at 11:29 am
I have been separated fro my childrens father for nearly 4 years and divorced for over a year.

We have a child arrangements order in place that states he has contact every other Friday after school until sunday at 6pm.

He constantly arranges his social life on his contact weekends with the children (8 & 11) and tells me that he is unavailable on the Friday and will pick them up from me on a Saturday. I only have 4 days a month to myself as it is, but he is still trying to control me, telling me what I should be doing with regards to the children.

He has also said on occasions that his girlfriend (the one he had an affair with ) will collect the boys when he is not available to do so. The children do not get on with her. He has Parental Responsibility and he said can delegate care of the children to whomever he choses.

When he does have the children they stay around his parents house (grandparents) so his mother will look after the children, as neither myself or the children are allowed to know where he lives and we only have his work mobile number.

He never texts, emails or phones the children (the eldest has his own mobile) at anytime, the only rare contact he has is on his contact weekend.
Mar16 08/09/2016 at 6:45 am
Myself and the father of my child split up. Our daughter is 2 years of age. We have only been together since I fell pregant. Throughout the 2 years of her life her dad never had her alone or looked after her from his own will, I had also found out that he was drug dealer and he sells drugs everyday, I had encouraged him to work more and kept pestering him to stop or that I would be leaving the relationship and also informing the police but he wasn't bothered and carried on drug dealing. Since then he has taken up a full time job but is still drug dealing. Now that were officialy over he wants to take me to court to get joined custody over our daughter mainly for his family to see her not for himself even though he will not admit it. Can a drug dealer with of proof of being one get joined custody? Hes also a serious gambler, hes lost about £30-£40k in the past year. But obviosuly he still keeps going because of his full time job and drug dealing. (I work full time and always have)
ChildSupportLaws Editor 06/09/2016 at 2:40 pm
In theory if you are the person in receipt of child benefit then you will have an edge when it comes to being considered the primary carer. You may wish to consider mediation if you wish to draw up a shared-care agreement.
smithage 06/09/2016 at 9:35 am
Sorry - Missed off question - is it true that in 50:50 shared residency cases neither parent is assigned the resident parent status? Thanks
Smithage 06/09/2016 at 9:33 am
My wife and I are separating and have tentatively agreed to shared custody, one week on one week off. We have agreed I will received the child benefit which will be spent on the childrens' costs. My question - my wife believes that because we are entering a 50:50 shared custody arrangement it is not necessary for one of us to be appointed Resident Parent.

thanks
Hellimac 04/09/2016 at 10:26 pm
My ex will only have are son on a Friday and a Saturday night. He won't change his days if I ask but expects me to have him if he's got plans on any of these days with no notice. Can I go to a solicitor and get it stated that he has him on these days constantly
Lostangel 03/09/2016 at 7:24 am
Hi. My partner of 10 years recently left me and my two young children. He has moved into a 1 bedroom bed sit with his new girlfriend. He has said he wants to see the children, and he does visit, however his girlfriend is less than desirable ( alcoholic and social drug user) so he never visits with her. As the bedsit is too small for the children, it is not an option for him to ever have them overnight.
What are the options for custody likely to be? I don't think joint custody is practical in my case, or am I wrong??
noonoos 01/09/2016 at 7:15 pm
Hi my ex partner has looked after my son for the last two years after she decided to drop him off one day saying she had enough he moved in and settled well. 10 months later she lost his benifit and I stopped paying so she turned on me to get him back.
After 3 months he moved back after promising him the world.
After 2 months my son started spending all his Time with me at least 5 out of seven days and goes to school where I am. I have never worried about money only my son's well being but for about a year now I pay for everything and he gets nothing from her even after I pay maintance.
He has noticed the fact she smokes w××d all day and sleep all the time and comes over complaining there's no food and he gets nothing.

My question- can I stop paying her and give it to him direct or can I get joint custody. I am in a settled home with my wife and daughters but have always worried I would lose and she would push me for more.
I should of done something sooner I know but I did not relise what was really happening and how much he has done for himself over the years and the fact money means more to her.
Advice would be helpful.
ChildSupportLaws Editor 01/09/2016 at 1:56 pm
As the parent with parental responsibility you can stop access without having to take the matter to court. If your child's paternal grandparents disagree with your judgement they may be able to have the option to take the matter to court. If you feel you would like to take the matter to court yourself, you can apply for a Specific Issue Order through court. Specific Issue Orders, 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 which includes preventing someone from having contact with your child. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws Editor 01/09/2016 at 11:32 am
Your partner may have been able to apply for an interim court order. I suggest she seeks legal advice to see whether an application is possible (much depends upon the circumstances surrounding the case and how much contact she had with her children prior to being denied access and how long it will take for the case to come to court). I hope this helps.
ChildSupportLaws Editor 01/09/2016 at 10:57 am
You should contact the police if you have a non-molestation order in place.
Lola 31/08/2016 at 10:32 pm
I'm just asking ! If the childs father has no legal rights, signed threw criminal justice courts and family courts.
Can i get a legal document with certain restrictions for paternal grandparents to visit my son at my home ? And how do I go about getting 1 wrote up ? Please .

Many thanx
Catherine parry
Needhelp 31/08/2016 at 5:31 pm
My partner is in the middle of a battle with her ex as he tries to remove her from their children's lives. Cafcass reports have been done and they are going to recommend contact but he is still refusing any format of contact. On top of this he is also telling the children lies on why they have moved from everything they know to a new place and trying to strike fear in them from their mum. Can any application be made for contact between her and the children until the case is resolved. Please help somebody
Redangel 31/08/2016 at 4:04 pm
My ex husband and I have joint custody over our daughter which is what she has always expressed ,he chops and changes our verbal agreement all the time to suit him he never informs or discusses any changes with me ,he just manipulates our daughter and passes messages through her, so our opinion, arrangements are never taken in to consideration , nor is this stable ,structured for any of us but fundamentally its not what our daughter voiced. He has refused to return our daughter to me and has left her with his 30yr old son whilst he has left the UK for a week whilst he and his new girlfriend of 3weeks have gone to Greece on holiday, I need to know what legal rights I have and whether I can collect my daughter with police assistance due to having a non molestation order on my ex husband and his son. Please help
ChildSupportLaws Editor 31/08/2016 at 3:05 pm
If you are the day-to-day carer of your child and stay-at-home mother to both your children it is highly unlikely your partner will be granted custody for two reasons; a) the court is unlikely to separate siblings and b) it is unlikely the court would move to change an arrangement that already works. The court will always opt for what is in the best interests of your children and stability and consistency are considered most important. I hope this helps.
Blueydazzler 31/08/2016 at 9:22 am
Hi, I have a 10 year old from a previous relationship and a 4 year old from my current relationship. I live with my partner we are not married, it's looking like we will be heading down the breaking up route. He is threatening now to take me to court to get full custody of my youngest, only because he wants to not because I am an unfit mother. He works full time and I no longer work as he wanted me to give up last year, legally where do I stand? I have never said he can't see his daughter but he says he wants full custody not just to visit her or take her out etc.
Kay 28/08/2016 at 10:57 pm
Hi I have a son only 3 months old I have recently separate from his father due to a lot of reasons but I have concerns for my son in his care due to him suffering from depression and him telling me a few weeks ago been feeling suicidal and wanting to walk out job and also walk out of his sons life as feels he would be better off as cant cope with life everythings coming crashing down around him his words, he is demanding over night stays and I have said not till he gets his depression sorted and till I see a change in that as he has stressed he is unable to cope so he is taken me to court as sees am stopping him from haven his son witch I havent I have actually pushed his son on him but he dont see any of that just sees me as being unreasonable and to blame for all his problems, I honestly believe this is in the best intrest of our son I would appreciate anyones imput on this situation, Thanks.
yann 28/08/2016 at 10:25 am
i am still in a divorce proceedings bit physically seperated from my wife and children. they left on holidays abroad for nearly one month.
i tried to contact thme but no one answered.
my question : has my ex-wife has the right to totally keep me out? is she not legally obliged to give me updates as of where my children are and how well they are?
ChildSupportLaws Editor 25/08/2016 at 1:59 pm
The court will usually only agree to 50/50 care if both parents agree. However, if your ex is in breach of the court order, then access to your son should be re-instated. We cannot anticipate whether a court will increase your care for your son, the court will have to decide what it thinks is in your son's best interests.
Stuart 24/08/2016 at 6:57 pm
I have a court order stating I should have my son from 12 on a Saturday to 12 on a Sunday. My ex is not adhering to this at all and at one point it took me six months to see my son. I have not seen him this time for four weeks. She has once again been evicted from her house, this time meaning my son has to be reschooled at a different of the city, after 4 years at the school. He is now 7. Clearly, im getting tired of this as I have been through the courts for 6 years now. I am back at court shortly, however, I am looking to obtain 50/50 contact with a view to full custody at some point. Hopefully. Do you think I have a case?
ChildSupportLaws Editor 23/08/2016 at 2:29 pm
Unfortunately, it is very difficult to force one parent to have their children against their will and the court is highly unlikely to try to impose this. You would need to seek legal advice.
Leane 23/08/2016 at 7:58 am
I have two daughters aged 2 and 4.. They see their dad on a Tuesday, Thursday and Sunday from 10-30 until 4 and stay at his on a Tuesday night (10:30-4 then 7:30pm-9am)
Their dad doesn't work and I feel he should have them over night every other weekend but when I talk to him he says he has them enough.. Need to know who I can speak to about getting something more in place as to when he has his kids.
Tmama 19/08/2016 at 3:26 pm
My daughter is 18, the maintence payments for her have been stopped due to her finishing college and starting Uni shortly. Her Dad has always paid her maintence payments that we agreed many years ago. We based our agreement on an amount that we were paying out for my husbands child so they pretty much cancelled each other out. It is now very apparent that my daughters dad has been earning vast amounts more than my family income through out my daughters life.
Had my daughters Dad continued paying support at the rate that he was until my daughter finished uni then I wouldn't have any issues. As he has now cut it at the time when we have had to support her so much financially I want to know if I have options to get backpay granted based on his actual income. He is very well off and we have always struggled, he has never offered my daughter anything other than financial support so I honestly think it's the least he can do.
d fair 19/08/2016 at 8:14 am
I reside in nigeria and was married to a nigerian woman who resides in London. We had our first son 5 years ago and our second boy 3 years ago. I allowed her live in the UK to enable her get a permanent uk resident permit, having lived there for over ten years. She gave birth to our boys in the UK and I was always visiting until 3 years ago when I lost my job and became financially incapable of visiting and providing for them. She asked to be separated early last year giving excuses ranging from falling out of love and such. She also threatened to cut me off from our kids except I provide for them regularly and that of cause they must live with her. Recently I have picked up financially and intend to start sending her money for the kids upkeep regularly. Now, I want to know if I stand a chance of having a relationship with my boys. Must I relocate to UK if I can before I can see my kids? if she decides to cut me off completely, can I take any legal action since I live far away from her?
Riri 18/08/2016 at 8:19 pm
My sister lives with my mother and her partner, they drink alcohol most of the days and her partner gets verbally abusive towards my sister. Also, my sister eats only once a day because my mother is not able to cook anything because she is drunk or hangover. What should I do to get the custody of my sister? Because I am scared that if I report my mother to child services they might take my sister away and not even let her live with me.
ChildSupportLaws Editor 17/08/2016 at 2:36 pm
If your other parent is the father of your brother and has parental responsibility, he would have the option of taking the matter to court and applying for a Prohibited Steps Order, as by law your mother should ask your father for consent to move his child (your brother) out of the area. 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.
bubbles123 17/08/2016 at 1:07 pm
My parent is in a abusive relationship and this has made her seperate from the whole family as her partner is controlling. They are now moving 300 miles away to be near his family that he's has no contact withdor years and are taking my 8 year old brother who does not want to go. Nor do we want him around that environment. Is there anything I/me and the family can do?
ChildSupportLaws Editor 16/08/2016 at 2:54 pm
We cannot speculate what a court may decide. Your daughter should have gained the father's consent if she wished to move from the area. She would have to seek legal advice regarding her options. Unless there are other mitigating circumstances, hopefully your daughter's children will be returned to her. The court will decide upon what it thinks is in the children's best interests and stability and consitency are the most important considerations.
Msboni 16/08/2016 at 8:38 am
My daughters ex refuse to retain her children to her on his last visitation with them, because my daughter moved from Worthing to Croydon which is only an hour away. He is niw suing for full custody. Can he win full custody? Also the visitation arrangements now are my daughter has 5 days a week and he has 2 and have been this way for 4 years.
ChildSupportLaws Editor 15/08/2016 at 12:56 pm
I am sorry to hear this. You don't say what your mum feels about this and the reasons why you live with your dad. While your opinion and your brother's would be considered in court, a court will always decide what it thinks is in your best interests of you as children, regardless of what your own opinion might be. I think in this instance you should speak with your mum directly to see whether living with her may be an option.
help 14/08/2016 at 6:09 pm
I am 13 years old and my deepest wish is to live with my mum full time, because my dad gets angry for the slightest thing, and frightens me (he has already kicked me for not wanting to run a public race) I hate listening to him insult my mum and her family, and whenever I ask him if I can spend more time with my mum, he becomes menacing. Is there any way at all that my little brother (11 years old) and I could live with my mum full time?
Ckp 10/08/2016 at 11:21 pm
I am on a work visa which expires in November thus year and trying to sort out my indefinite leave to remain. I have a 5 yr old son who has been living with my mum for the past 6 months as my son's mother who is British has been abroad and i live quite far away but see my son every weekend when i am not working. My mother is ill and can no longer cope. How do I go about applying for custody or a residency order? And what rights does my son's mother and I have?
Barbora 10/08/2016 at 8:40 pm
Hi,
I plit up with my daughters dad couple of years ago.We still live in the same house,just separate rooms.
He will not move out and treatens to do all sorts of things if I will try to move avay with our daughter.
I am the one that lookes after her(take to school,pay for childcare,clothes and all expences).
I work part time so I could take care to school.
He has a very bad temper and was agresive towards me in the past(but i was to scared to report him).
What can I do to move away from this mess and what right would he have regarding the care of our daughter?
isa 10/08/2016 at 7:47 pm
i am Non Eu and my wife and son is British. How can i get the custody of my son. can we get joint custody of the child. if so then can we live in same address. someone told me about Mediation. i dont know how is mediation and child custody work.
ChildSupportLaws Editor 10/08/2016 at 1:47 pm
It is highly unlikely the court would award joing residency unless you agreed as a parent and/or the court thought it was in the best interests of your child. It is also very unlikley the court would disrupt an existing access arrangement unless absolutely necessary.
ChildSupportLaws Editor 10/08/2016 at 11:54 am
It is wise to get this issue sorted out through the courts if there is no guardianship order in place. It is easier to get the courts to agree to a continuation of the order if the children are currently residing with their grandparents. In other words, it is better to prevent a situation occuring by making sure everything is in place, than it would be to try and resolve one, should one unwittingly occur.
ChildSupportLaws Editor 10/08/2016 at 11:44 am
Your nephew would have to take legal advice or suggest mediation, if his ex will not agree to this and your nephew is insistant. If his child is living with his mother and his mother has offered your nephew four nights per week, it is still unlikely a court would change the residency of the child, unless absolutely necessary, and more so if your nephew has no place of his own to reside. The fact both parents are sharing the care is generally seen as the ideal solution, giving both parents an equal and balanced share to the upbringing of the child. If your nephew tries to the matter further without a valid reason, it could backfire.
Nanny 09/08/2016 at 11:32 pm
My son and his partner split up 12 yrs ago but his patner left my grandson behind so my son has looked after him for the last 12 yrs i think she had post natel depression undetected at the time she has since had two more children and is in a stable relationship and sees my grandson every week they never went to court for custody but my son says she has no rights as she sighned over the child benefits he seems to think he has more right and every time we say something that he dissagrees with he stops myself as a grandparent and the mother from seeing the child this is very upsetting can you tell me where us as grandparents and the mother stand with this please
Louise 09/08/2016 at 10:01 pm
Hi, myself and my partner split last August 2015. I have since has the child living with my paying all cost of clothes food etc. I have not revived a penny from the father. He has the child 2 days a week to which we agreed on as she is not fond on going down her dads as it is. She is four years old and breaks her heart every time she is doe rated from me (mother). When I ring to check on her she always asks to come home. I am just looking for some information as to whether a court would rule joint custody of the child. He works four nights shifts a week.
Michelle 09/08/2016 at 3:15 pm
I would like advice regarding the following situation:
Father gained full time custody of his children through the court and due to Mother's mental health and alcohol misuse she was only allowed supervised contact with her children.
Father resided with his children at his parents (Children's paternal Grandparents).
Father has recently died and Grandparents wish to continue to care for the children. It is reported that the children also wish to stay in the care of Grandparents and paternal uncle who also resides at the address.
Would Grandparents need to approach the court to apply for a Residency Order in these circumstances?

Many Thanks,

Michelle
Graham798 09/08/2016 at 2:14 pm
My Nephew has split from his long term girlfriend and left the rented house and moved back to his parents. He has agreed to have his 7 year old son four nights a week but would ideally like to have him full time and allow his ex girlfriend to see him at weekends. How would he go about this, she is obviously going to object.
ChildSupportLaws Editor 09/08/2016 at 2:12 pm
There is no right and wrong answer here and it is one you will have to negotiate between you, or seek mediation in order to resolve the issue via a third party.
ChildSupportLaws Editor 09/08/2016 at 10:16 am
As your child's biological father he is entitled to apply to see his child through the courts. I'm afraid we could not possibly predict whether he will be allowed access to your child. Whenever parents can’t agree over an application for a contact order, CAFCASS become involved. From the interviews they conduct, a reporter will determine two things; whether there should be contact allowed, and, if so, how much. The building blocks of the Cafcass report are the interviews the reporters carry out. They will talk to both parents, generally quite extensively and since the report takes around 10 weeks to compile, other people can be interviewed. The reporter will inform parents about the people they’ll interview, which will include the police, health visitors etc, if required. The family courts will take on board the information contained in the report in order to come to an informed decision about whether contact should be allowed and whether contact is in the best interests of the child.
JJ 09/08/2016 at 9:00 am
Hi, my partner of 7 years and I are currently going through a seperation, he is moving out and although will remain quite close he is moving to a property out of the catchment area for our sons school, originally I assumed joint custody was an option however for stability reasons for my son I now do not think this would be beneficial as I feel he should be at 1 address specifically due to school, I have no issues with my ex partner seeing our child through the week, and even continuing to put him to bed in home here, but I do not feel that several days away from his home during school time is not a viable option, personally I feel I'm being fare to my ex partner by allowing this, but he is not happy with this arrangement. Are you able to provide any advice on how this would appear in the courts?
ChildSupportLaws Editor 08/08/2016 at 2:15 pm
A court will not hand a child from one parent over to another unless absolutely necessary (i.e if the mother was proven to be unfit to look after the children). I suggest you seek legal advice.
ChildSupportLaws Editor 08/08/2016 at 1:48 pm
At 19 years of age you are considered an adult and therefore free to make any decision about your future that you choose.
ChildSupportLaws Editor 08/08/2016 at 10:22 am
Yes. Unless absolutely necessary, a court will never rule to move a child from one parent to another for no undue reason, or just because a non-resident parent requests it. The court will always err towards what it thinks is in a child's best interests and consistency and stability with the primary carer are of upmost importance.
Saba 08/08/2016 at 9:02 am
Hi,
Since ive been pregnant my ex has never seen me or the child. I have been through domestic abuse, for a log time, he has not gave anything to the child and now he wants to do a court order?
He is a violent and a long term drug addict. Will he still be able to see the child
Can i do sole custody?.
Skido 07/08/2016 at 11:25 pm
Hello,

My parents divorced six years ago, since then I have been living with my mother. I have been in contact with my father for months now and would wish to take the next step, which it to live with him.

I am 19 years old and was wondering if I have the right to live with my father?
Rufusdufus 07/08/2016 at 8:05 am
Hi
My partner and I split when our daughter was just over a year old. H saw her regularly but was never really hands on when she was a baby. He has had regular contact with her and now has her over night with his new partner 14 nights a month.
He has now suddenly decided that be wand sole custody, though he has no grounds for this.
He and his parter both work full time, and he has absolutely no grounds for requesting this.
Unless I am an unfit parent in some form, the child is naturally best with its maternal mother. Am I correct?
Will 06/08/2016 at 12:42 pm
My partner and I want to get her kids back. She lost them over bad choices in men few of which abused her. I am child safe etc. What are the chances of us winning custody or for me to adopt and have her live with us. She is a good mother who loves her kids but made mistakes in previous relationships
ChildSupportLaws Editor 05/08/2016 at 2:36 pm
It is highly unlikely he will get joint residency, especially as he has had little to do with your daughter. The court will always act on what it thinks is in the best interests of the child and consistency and stability are of upmost importance. Therefore, it will always rule towards the least amount of disruption to a child's life as possible.
ChildSupportLaws Editor 05/08/2016 at 12:45 pm
As the benefit is in your ex's name, then he is considered the 'primary carer' of your children, regardless of whether the care is effectively shared. It means you will not be eligible for a council property. Unless your ex is willing to relinquish his child benefits and award them to you, then there is little you can do regarding this matter.
Help needed 05/08/2016 at 6:04 am
Hello
My case is increasingly common yet I cannot find the support I need online.

My ex left me during pregnancy. He kicked me out of the house and refused to pay for items his child would need when born. He is on the birth certificate however so far hasn't been able to have joint residency due to breast feeding. He recently decides he wanted to be involved in her life again and knows I have stoped breast feeding. He sees her regually with me present however I don't want her to spend time alone with him or at his house the night (due to smoking drinking and drugs) I don't feel he can emotionally support her. But will he get joint residency in court?
bowser 04/08/2016 at 7:55 pm
hi.
I am busy going through a divorce and trying to come up with arrangements to the children. I live in Zambia and my soon to be ex and the children live in South Africa.
do to my work commitments I am only able to see the kids in their holidays and a few long weekends.
as I am paying for everything for the children and the fact that I live far away from them. what would you suggest I go for school holidays etc.
I feel that I should have them more in the holidays and be allowed access to them when I travel to Rsa. because my ex is unreasonable I don't know what to propose.
can you give me any advice.
Stacey 04/08/2016 at 5:38 pm
Hi, I seperated from my husband awhile ago now, we have 3 boys age 17, 15 & 13 and they currently stay with both of us on a week by week basis. I just want to know would I be entitled to child benifit for them as this is paid to my ex including tax credits. The reason I ask is that I am struggling with private rent costs and have been to my local council to try and get more affordable house for me and the boys. They have told me that I will only be entitled to a 1 bed property as all the child benifit is paid to my husband. No court has granted custody soley to him but as they I left the family home the benifit was just put in his name at the beginning.thank you for any advise you can give, regards Stacey.
ChildSupportLaws Editor 04/08/2016 at 2:26 pm
If your child is not yours biologically and you have brought the child up as your own, then you may be able to apply to the courts for permission to have access. However, your non-biological child will be consulted and if you do not have parental responsibility then the courts will look towards the child's opinion more. Likewise, with regards to residency applications it is highly unlikley the court will split siblings or a family (if your ex is the primary carer) and/or take the children from one parent and hand them to another, unless absolutely necessary. The courts will always rule for what is in the best interests of the children and will err away from any decision to disrupt normal family life.
ChildSupportLaws Editor 04/08/2016 at 12:42 pm
You would have to seek legal advice about taking the matter to court. However, please be aware that the courts do not like children being passed from one parent to another and it is unlikely a court will upset your child's home routine unless absolutely necessary. The courts will always decide upon what is in the best interests of your child and stability and consistence are regarded with high importance.
Theeds 04/08/2016 at 12:17 am
Me and my wife have split we have two kids only ones mine by blood I need advice as the one who I see as my own but officially isn't mine won't stay with me I wouldn't normally break up siblings but I want my son what are the chances the court would split siblings?
MOMMY23 03/08/2016 at 8:20 pm
Hi there i have a 3 year old daughter who currently lives with herdada as i had to relocate to finish my studies when i completed i asked him to hand her back and he says he wont give her back as i have another guy in my life how do i get her back if she is using his surname ?
Help 03/08/2016 at 12:08 pm
My ex & I split over a year & half ago after her beat me up (was not charged, cps said not enough evidence) he has not seen the child since, he hasn't made any effort for over a year, no maintenance, no birthday, Christmas presents etc.
He uses cocaine socially & rents a room in a house.
My child is extremely happy, settled & has no idea who this man is... I don't want him anywhere near her or involved in our lives.... It terrifies me.
Jade 30/07/2016 at 9:54 pm
My wife and I separated 5 mos ago but this is not mutual as she has another man involve that is why were forced to separate and we have a 3 year child. Would I be able to have full custody of our child since I never intend to break his family and he dosent really want to be passed around. I got his best interest and He is my priority in my everyday life unlike my ex wife who obviously have to focus on her new relationship. I dont really appreaciate having my child ve with the person that broke his family.what are my chances
Lola 30/07/2016 at 9:09 pm
My son is 9yrs old. is he old enough to decide for himself not to see his dad, because he refuses to go up on his sheculed and I don't want to force him and end up blaming me in the long run.
ChildSupportLaws Editor 28/07/2016 at 2:32 pm
If there has been a breach of the order, then theoretically, yes. Anything that does not comply with the order is a breach. For example if the order states that the non-resident parent should have contact every Friday from 5pm and contact is not provided until 5:05pm, this is technically a breach of the order. However, it is important to be reasonable; the courts are unlikely to take any action if the breach is insignificant. The courts' guidance states that unless a breach is regular and intentional, they will not usually take action to enforce the order or punish the breach. Further it is important to consider the needs of the child first and so some flexibility may be needed on occasion.
ChildSupportLaws Editor 28/07/2016 at 2:09 pm
A mediatior will not make a decision on your behalf. Mediation is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides and help both parties reach a mutual resolution.
Anonymous 28/07/2016 at 3:24 am
When the non residency parent has a changed limited capacity due to a medical episode, can the residency parent refuse to bring the child to that parent for court arranged contact?
Fran 27/07/2016 at 9:50 pm
Me and my husband separated last year. Up until now we have been flexible to each other's scedules with regards to who has the children. My ex now what's to change this flexibility and have a set schedule put in place which I am all for, however, he wants to have 'free time' without the kids. Currently he has them so I can work ( little back story, he is the forces so away from hometown mon- fri so I work weekends when he is around to have them) he now doesn't want to pick them up until 3pm when I start work at 12, so now I have to cut my hours or ask friends to have the kids! if I went thru mediation would they say he would have to have them so I can work?
ChildSupportLaws Editor 27/07/2016 at 12:33 pm
Unless you agree to shared-care, it is highly unlikely the court would issue an order to change your current situation. The court will always decide what it thinks is in the best interests of the children and stability and consistency are considered most important. Therefore, unless necessary, it is unlikely to issue an order to disrupt a working routine.
Yesiknow 23/07/2016 at 8:06 pm
My husband and I split up a year ago we have two children. At the time of us separating our daughter was two years and one month and our son was two and a half months old.
Since we have separated the children live with me and I have full responsibility for them. The children see their dad on a Saturday overnight (a full 24 hours).
He has suggested that in about six months - when he has found a new place to live (he currently lives with his sister), he will be looking to share responsibility.
Whilst he is a loving dad, practically he finds it tough abd the children are always very tired and irritable when they come back from his. He works full time. Although I work full time, I work for myself and am flexible so do about half of my hours from home when the children are in bed. The children are extremely settled and happy and I'm worried about the affect a big change would have on them.
I was wondering if I had any rights as the children have been with me for a year (and aix months by the time he can share responsibility).

Thanks for your help
Anonymous p 19/07/2016 at 5:17 pm
Hi,i split with my partner of 4 years in feb,we have 2 daughters,1 biological,social services got involved because of her new partner,asafety plan was put up where he wasn't allowed near the kids,a case came up involving her new partner assaulting me infront of the youngest daughter and she tried to get me to change my statement to help him which i refused and informed the local authority,she has since refused me from having contact with my daughter ,what should i do
None 14/07/2016 at 7:14 pm
My ex son in law has full custody of my granddaughter he won't let my daughter have any access he won't even turn up in court to discuss this oi r when there's been court dates what can we do
S.s 09/07/2016 at 7:51 pm
Hi,

My ex is taking me to court for full custody and he has lied the whole way through saying I abuse our son, I physically harm and neglect him. Social services don't feel there's a need to get involved as my Sons previous and current childcare have had no concerns. However, caffcass are doing a section 7 report. All my ex has is a picture of a scratch on my sons back. How can someone get so far through lies? It scares me that there is a chance I could lose my son.
Dani 09/07/2016 at 6:49 pm
My husband's ex works long hours and he stays at his aunties 5-6 days a week and only stays at his mums 1-2 days. We currently see him 1 night every 2 weeks. We are thinking of going back to court to get joint custody do you think we have a case?
ChildSupportLaws Editor 07/07/2016 at 12:58 pm
I'm afraid we cannot predict what a court may decide. However, unless absolutely necessary a court will not take children from one parent and hand them over to another . For a court to do this there has to be a very good reason.
H 06/07/2016 at 2:59 pm
Hi..my ex is taking myself too court for full custody of my children..i suffered domestic violence via him and numerous occasions he had access he failed too bring them home or even got them too school...what chance does he have of full custody?
ChildSupportLaws Editor 30/06/2016 at 11:15 am
If your ex is intimidating, bullying, threatening or harassing you, then it may be the police you need to inform, I hope this helps.
ChildSupportLaws Editor 29/06/2016 at 2:46 pm
I'm afraid we cannot advise on this as the matter is with the authorities and we have no knowledge of the situation. I can only suggest professional legal advice is sought.
Louise 29/06/2016 at 1:33 pm
Long story short: I split with my partner, we have 2 kids. He stopped attending speech therapy appointments as he said 'it wasn't important' he missed swimming lessons.. so I changed the appointment dates around to my days so I could take him. But now he's lashing out infront of the kids, he's threatening my life, my house.. and I can't deal with it anymore. I need a solicitor but unsure I can afford one! Would I get any help as I'm a single working mum?
ChildSupportLaws Editor 29/06/2016 at 11:58 am
Your options are to either resolve the matter between you or suggest mediation. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings and is a formal negotiation. The courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. If your ex either refuses to attend, or attends and you still cannot agree, then your last option would be to take the matter to court. However, in the long run it would be more advisable if you can re-negotiate with your ex if you can.
Zooe 29/06/2016 at 12:33 am
My sister of 17 has a 1 year old daughter, they are both in foster care. She's not aloud out the house with or without the baby, numerous court cases as to what's happening in the process. The foster carer is trying everything she can to get the baby taken off my sister. Social workers and foster carer are all sticking pressure and bullying my sister I believe. She has not had the chance to step up and be a mum because too many people are involved giving her a hard time pressuring her. It's not fair at all. What can be done? How can we keep the baby in the family? Everyone is falling apart. It's wrong to take a baby from her family.
Steve 28/06/2016 at 11:43 am
I have split from my girlfriend of 6 years after finding out she cheated. We have a 6 month old baby girl who i adore. Upto now i am having her every weekend although i want her more a week each as she is growing. The week i would have her my sister her aunty would look after her in the day while i work but she objects. Now i have recieved a written letter from her to say i can only have the child every other weekend. Also not to contact her in the week regarding our child( i text each morning and evening to see if she slept well and has had a good day nothing more). Were do i stand?? What can i do to keep seeing my child every weekend and potentially more??? The claws have come out now and my ex is getting more and more nasty to prevent me access to my child. Any advice would help
ChildSupportLaws Editor 27/06/2016 at 11:00 am
In a situation such as this, one option is to put in place some arrangements prior to the birth. So, discussing these issues with your boyfriend is the obvious and best way forward. Likewise, once you have your child you will not know how you will feel, so all I can suggest is you ask your ex to be understanding regarding this. Mediation may also help you if you cannot resolve such issues.
Shacker 26/06/2016 at 1:40 pm
Hello
I am a Father of an 8 year old boy and I currently have a shared residency order from 2013. I have overnight access alternate weekends Fri pm to Mon am, half of his school holidays and have him for his tea every Wednesday and Thursday until 6.30pm.
I wish to now have full joint custody for a variety of reasons including there is no other male role model in his life other than his school headmaster, also when he’s staying with his Mother he sleeps with her in her bed rather than in his own room and bed as he does when he’s with me and my thoughts are that if he stayed with me each Wed and Thurs night instead of returning to his Mother it would mean we had equal access, it would cause little or no disruption to his routine, it would be something he would welcome as he constantly asks to spend more time with me and finally it would mean that I do not have to go to his mother and, effectively, beg each time he asks to stay a little longer.
How difficult is it to change an order please?
Cheers
Alex 26/06/2016 at 8:25 am
Ok so I'm 20 weeks pregnant my boyfriend of 5 years wants termination or we split and then says he wants joint custody if Im continuing with pregnancy. Which is good. However my concern is when the baby is born I am planning on breast feeding and obviously won't want to leave a newborn at such a young age and most definitley not overnight. HELP!
ChildSupportLaws Editor 23/06/2016 at 10:38 am
Have you thought of suggesting mediation? This is a good approach if you wish to draw up an agreement. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. However, as there is no court order involved, the agreement is less official and can be changed by the two sides at a later date.
... 22/06/2016 at 10:43 pm
Hello, for me this question is very important.
What should i do?..
I have a daughter 20month old. I split with her father when she was 1year old( he left becouse he had another girlfrend for more then 3 month till now). He is Self employed, but not registred, he is a driver lithuania- uk. He don't have fixed incomes. I let him and He came to see his daughter every time, when he is In the uk.
Sometimes he saying that he will take my daughter from me and never give me back. Or will come his friends and will do something.or he will take daughter if i will stated to have new relationship( but he is allready engage).
I'm full time worker. I pay to babysiter.
He giving some money, but they a for credit card, thouse money he been using for his"bussines", when we been In relationship.
So i looking after me daughter "100%". I living and working full time 5years In uk.
Is any support, anything that he would able to see daughter In this time, when i am with her?
I worry go to visit my parents In Lithuania, becouse what if he will take her and not give me back...
Thank you.
DC 22/06/2016 at 10:47 am
Can a child custody be changed without going to court? My son's (who is 9 year old) mother wants me to have full custody of my son because of his behavioural issues. I am happy to have him but I want to go to court to make it legally binding but she don't. She has in the past given him to me on a verbal agreement and then after a couple months came back for him. I don't want this situation again. What are my options because she is adamant she doesn't want to go to court?
ChildSupportLaws Editor 21/06/2016 at 3:06 pm
I am sorry to hear this. However, we cannot predict what a court may decide, especially if there are complications and social services are involved. However, if no allegations were reported, then this will obviously go in your favour. Much will also depend on what goes into the Cafcass report and the judge will usually adhere closely to the report's recommendations. The court will always decide on what is in the best interests of your child and stability and consistency are the most important factors it takes into account.
ChildSupportLaws Editor 21/06/2016 at 2:04 pm
If you wish to change your childrens' names and your ex has parental responsibility, then you would have to ask for his consent, or at least prove that you have attempted to locate him, It is very rare the courts will absolve a parent of their PR unless absolutely necessary. To find out whether you may have a case, I suggest you seek legal advice.
Patsy Editor 21/06/2016 at 12:07 pm
@maya - It is a big ask to request that the father of your child renounces custody of his child. As your husband has given his consent for you to move to the UK (which is a generous offer on his part as if he wanted he could be awkward and try and make you stay). There are many British women stuck in foreign countries with no hope of return because their ex wont give consent - then you could at least agree to allow him time with his child when he returns.
saphy 20/06/2016 at 11:00 pm
hi i need advice
i split from my childrens dad for a few years now , for tne first few months he was seeing them.... after a few months i had to stop him seeing my children as he was lying to me and his children ... he has never paid a penny for them ... and i have never pushed for csa and dont wish to ..... 2 years ago he left my home town and i dont know where he is .... my question is could i apply for sole parenting also my children want to change their names legally, could i please have advice as i dont know what to do !
so worried 20/06/2016 at 5:42 pm
Hi,
I will try make it as short as I can.
Just a month and a half after I had my son we have moved to Dubai as my husband has work here and lived with his parents for the first six months which my husband spend most of the time out and did not share a room with us. After moving to our own place he also deceded that he does not want to live with us and vow visit us a few days per week. I am alone in Dubai with my son with no income coming from my side stuck in house most of the time and always fighting with a father of my son whenever he comes as he dosent put as priority and just left us. However we came to an agreement for divorce and that me and the baby can go live back in the uk so we can make a good life for us. At this point I do not agree shared custody as he will not be living in the uk and don't want him to just turn up every now and then and take the child, as well have a say in schooling etc as he will not be there living with us. I want him to write me a letter before we leave Dubai to agree that I will get full custody I really don't know what to do. Could you please advice me, we suppose to leave in four weeks...
ChildSupportLaws Editor 17/06/2016 at 11:53 am
I am sorry to hear this. First of all your partner would have to apply to see his son through the courts. However, if he cannot afford the hefty legal fees, he can self-litigate, please see link: Legal Aid Withdrawal: How to Represent Yourself, here. He may also be able to get help with a reduction in court form fees if he is on a low income, or doesn't have savings. As well as applying for a contact order (child arrangement order), he should also apply for a C4 form, which is an application to the court for an order for the disclosure of a child's whereabouts. This allows the court to put a trace on your partner's child in order to allow him apply for access. His case would be highly unlikely to succeed if he applied for custody. However, he stands a good chance of being succesful at applying for contact, especially as his ex left the area without his consent (she should have asked for his consent if he has parental responsibility). I can only suggest he does as much research he can on the subject so that he is armed with knowledge of family law which will help his case (especially if he is self-litigating). You/he may find our parnter site Separated Dads helpful as it has many relevant articles on the subject and a forum where he can go for advice. I hope this helps.
Nath 16/06/2016 at 7:18 pm
Hi,

My half brothers recently got took away from my mum and are now living with there biological dad who isnt my real dad. Basically me and my sister have both tried hard to get into contact with our brothers however their dad will not alllow us access. Do you know if there is anything we can do about this?

Thanks
ChildSupportLaws Editor 16/06/2016 at 2:11 pm
It is highly unlikely a court would award shared-residency when a) your ex has your son so infrequently, b) you don't live in the same area. If you are representing yourself then I advise you build a case that proves why it would NOT be in your son's best interests for you to consent to sharing residency with the father, while also highlighting that you have never prevented your ex having access. Practical reasons such as; schooling, travel and issues of instability will help. You also don't say how old your son is, but Cafcass (when it compiles a report) may take his own preferences on board. I hope this helps.
tfn 16/06/2016 at 1:52 pm
Hi I'm after advice, I have been with my oh for 4 years, he has a son which moved away a few years before we met, his sons mum up and moved over night taking his son with him (not even informing the sons school of this. It has been very hard for my oh so please don't judge him he has tried to find him loads of times but always hit a brick wall. He's came to me asking if we can find him as he wants to see him hes just happy with every other weekend not full custody and he needs my help to do that (where he's never stopped wanting to see him) I will support him every step of the way but how do we find him and does he still have rights after not seeing him for so long? I know we can go through the courts but it can be a very long process and also expensive but the most important thing we would like advice on is as it's been so long what's his chances? Thank you for taking the time to read this
Worried Mum 15/06/2016 at 5:55 pm
Hi. I have always given my ex of 6 years access to our son whenever he wanted. He has recently had a baby with someone and they have now decided they want shared residency of our son. However our son has always resided with me and other than one holiday with his dad, has never stayed more than 1 night away from home. I am terrified that the courts will grant the shared residency as we dont live in the same area and my son would be distraught. I dont know what to do - we have a hearing date in less than 2 weeks and having to represent myself at court due to finance difficulties. I have no issues with contact and actually encourage it but to split overnight care down the middle just doesnt seem right especially when dad works different shifts and it would be new partner looking after my son! Please please please advise.
ChildSupportLaws Editor 15/06/2016 at 11:50 am
You should seek legal advice and/or you have the option to apply for a child arrangement order which will determine where you child lives, please see gov.uk whichYou have a better chance of securing this while your child is living with you. If you fear your ex may take your son without your consent, then you may also wish to apply for a Prohibited Steps Order. A 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. We have all heard the stories of a parent taking their child for the weekend and not returning them or going abroad with them and it becoming extremely difficult for the other parent to get their child back. Thankfully, this is one of the scenarios that a PSO seeks to prevent. Your legal adviser will be able to help you further explore your options. It's worth paying for the initial advice and then if you cannot afford what it would cost to be legally represented in court, you can self-litigate. I hope this helps.
ChildSupportLaws Editor 15/06/2016 at 10:39 am
There is nothing to stop you restricting access of your son if you think it is in your child's best interests. However, your child's father would have the option to take the matter to court. If you have an issue with your ex's behaviour, then you should really try to sort this out between you in the first instance. Or if you can't you could suggest Mediation to try and resolve your issues. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, contact orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. You can see the definition of 'neglect' which
Dad 29 14/06/2016 at 1:58 pm
Me and my ex wife have been separated for over two years now. It started off with her having custody and I have my son of almost 5 every weekend. She had fallen I'll last year, the beginning of this year she asked me to have him live with me as she is unwell and feels he would be safer with me, as she has no control over her illness and could leave Owen without supervision. I didnt hesitate and said yes I sorted everything out pre-school primary school doctors but I never got legal documents for her to sign to say he will stay with me indefinitely. I have reasons to belive she plans to take our son back to live with her although she hasn't even been around for her son since he lived with me it was excuse after excuse why she couldn't see him. What am I to do to stop her from taking custody.
Ashley 14/06/2016 at 10:02 am
My son is 2yrs old and his father does nothing but disappoint him. He hardly ever shows up to see him or when he does he sits on his phone, ignores him or follows me around. This has been happening since the spilt when my son was 4 weeks old. He has never had him overnight and never takes him out as he "doesn't want to" as he claims he doesn't like the park or swimming or the beach etc. He also refuses to read to him when my son asks him to. There have been times I've found, when my son has been in his care while im at work, his dad hasn't fed him. When I asked why he said because he wanted his own tea and didn't think. I've also recently found out he doesn't supervise him while hes in the bath and doesn't brush his teeth or clean his ears. I've found bruises on my sons wrists. My son has started crying when I say "do you want to see daddy?" Clinging to me saying "no mummy! No see daddy!". His father also doesn't pay maintence. Is there anyway I can stop him seeing my son as he does not bring anything to his life and is not looking after him how he should? Is this neglect on his part?
Dotty 11/06/2016 at 9:35 pm
I have recently been granted a residency order and my ex has been given parental rights and had his name added to the birth certificate of my child. Since our court hearing he has begun to push his involvement in issues relating to our child wanting details of doctors/dentists and making decisions which go against mine in relation to how our child is looked after and brought up. My question is how much can he legally be involved? I was led to believe that I made the decisions and just informed him of important ones such as which school they will be attending or if they need an operation for example. His contact with me is nothing less than harssment too with dictatorial undertones, always trying to undermine me and stamp his authority. He lies and states things I find out later to be untrue. How much do I have to endure? He texts me all the time, sometimes as many as 14 in a row without a response from me. If I didn't need contact with him in relation to visitation I would block his number! Please help as this situation is making me ill with stress and stress related conditions.
Hope 10/06/2016 at 4:51 pm
My nine years old only daughter,is going though changes, and she doesn't work the middle week contact, she cried at school to refuse going with the father.
So illegally with right dose she has to supporting evidents in court.
ChildSupportLaws Editor 10/06/2016 at 12:52 pm
You can apply for a Prohibited Steps Order if you think your ex may make the move without your consent (if you have PR your ex has to ask your permission). A 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. We have all heard the stories of a parent taking their child for the weekend and not returning them or going abroad with them and it becoming extremely difficult for the other parent to get their child back. Thankfully, this is one of the scenarios that a PSO seeks to prevent. There is no guarantee the order will be granted as you will have to try to prove why it is not in your child's best interests and likewise your ex will have to try and prove why she thinks it is. The court will always make a decision on what it thinks is in your child's best interests.
JM 09/06/2016 at 9:23 pm
The mother of my children decided to end the relationship 6 months ago. We have been sharing custody of our 2 children since then. She has just decided that she is moving hours away with the children. Can I stop her from doing this?
ChildSupportLaws Editor 09/06/2016 at 2:11 pm
Unless the child is being neglected (please see the definition of neglect here ) then it is unlikely the court will consent to changing your partner's child's home unless absolutely necessary. The fact your partner has been in negotiations with his ex regarding his child's welfare can be seen as a positive move. Therefore, rather than apply for custody, in the first instance your partner could volunteer to have his daughter more and/or perhaps suggest mediation to his ex as a way of resolving the issue mutually, but with the authorisation of the court. However, if the child is being neglected then the NSPCC will be able to help and will refer it to Social Services if needs be.
ChildSupportLaws Editor 09/06/2016 at 12:10 pm
If mediation has broken down or your ex refused to attend, then your next option should be court. 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 children, and stating that as she did not attend mediation to try and resolve the matter, you have no choice but to resort to legal action. Don't forget to take a copy of the letter for your records and keep your proof of sending. It may be worth paying a solicitor to compile this. If this produces no action, you have no alternative but to apply for an interim contact order. In order to obtain a contact order you will need to submit the form to court. The interim contact order allows you to have contact with your children until a full court hearing resolves the matter one way or another. One of the most important factors preceding the final hearing is the report by the Cafcass (Children and Family Court Advisory and Support Service) officer. He or she will interview you and your former partner, your children, if they’re old enough, as well as carers and teachers etc. Generally, the court will accept the report’s recommendations regarding access arrangements. I hope this helps.
Carly 08/06/2016 at 9:45 pm
My partners ex has a new partner herself and has since over looking their daughter, hermione. She doesn't brush her hair, and comes to us with mattes in her hair. Her clothes don't fit and the clothes we supply are never worn. The house is disgusting, the dogs foul everywhere. After long talks about living with us, she obviously doesn't want to lose her child. But the child would be better off with us. I just don't know whether we would have rights over her mother or how we would go about getting custody.
K 08/06/2016 at 6:25 pm
Hi myself and
my ex broke up a few years ago and I had regular visitation until in a new relationship she has stopped me from seeing my son, she also refuses mediation so what do I do next? I pay child maintenance every month. I turned up to my meeting for mediation, she chose not to even though it was initially her idea.
ChildSupportLaws Editor 07/06/2016 at 12:34 pm
You would have to apply for a child arrangement order, which will tell you more.
danii 06/06/2016 at 4:40 pm
hi me and my ex partner split up in January this year due to a very abusive and mentally abusive relationship and at the minute in going through courts to get a prohibited steps order (which the first hearing he didn't turn up to) now i have to go back to the courts to re do it to see if he actually turn up this time! Now i want to become the sole parent of my daughter as he has never ever shown any interest in her when we lived together.. So how do i go about it.... Do i bring it up at the next court hearing? Or does it have to be through a solicitor???? Please help shes not safe with him!!!
Wayne1605 03/06/2016 at 5:25 pm
Hello, I have recently found out after receiving court letters from the Family Courts in Cardiff that my daughter who is twelve as been put under a care order in March as the mother is unfit to look after her, my ex partners final hearing is in October 2016 to see if she can have her back. At the moment my daughter as been staying at my exes mother. I have had no contact with my daughter since 2009 due to my ex being awkward and meeting a new bloke so this was totally unexpected. I am not on the birth certificate but my ex as acknowledged that I am the father to my daughter. I also know that the courts have been trying to trace me regarding this matter and the other day I got a text from my ex (via my mother) asking if I would be willing to have an assessment with social services which I am happy to do and I just need to wait for the social worker to contact me. What are the chances of me getting full custody of my child ( I live in Lincolnshire and she is in S Wales). She as also had her 3 other children taken off her. Any advice would be greatly appreciated. Hope this is clear enough. Many thanks.
RHussa 29/05/2016 at 5:46 pm
Hi

Me and my husband separated 2 years ago. I had gone to a refuge in manchester as he was aggressive and resulted in the police finding me a refuge to stay in. As I had come from london orginally I relocated there. However in 2015 I decided to come back to Manchester as my daughter really missed her dad. I am now in a situation where I live 10 mins away from my ex (still married legally). However I feel he really neglects my daughter. Ie: bedtime routine, watching TV til late small things that really add up. How can I get full custody of my child so that I may set boundaries? At the moment he sees her everyday and sometimes he picks my daughter up late and drops her off late. I basically have to revolve my whole week around him. He gives no prior notification of when he will come etc. I thought this could be resolved amicably but he threatens me that if it goes to court I wont stand a chance. I work part time and cannot afford going to court. I really want a divorce but even that is too expensive. Please could someone advise on how i can have full custody.
Mummy01 27/05/2016 at 7:42 pm
Hi me and my little boys dad aren't getting on and I'm thinking of leaving him for the sake of our little boy, at the moment we don't see or have anything to do with his family because they have been very vile towards me and my little boy, if we do split up i still want my little boy to see his dad is there some way I can get it so that he doesn't suddenly decide to take my little boy round there to his family?
MikeR 27/05/2016 at 12:03 pm
Hi, I am very concerned.
My wife has petitioned for divorce and has threatened to take the children and get full custody. The kids are 4 and they are very dependent on me. I am the one who takes them everywhere, makes them breakfast and puts them to bed. I have a flexible job and can change work days but my wide can not. She earns almost as much as I do.

I know the courts are biased towards women who want custody, but what are my chances if I argue that I am the better parent? Thanks
john 26/05/2016 at 10:33 pm
Hi I am in a bit of a situation my sister's 3 children were taken into care because she was thought to be violent against her husband but it turns out he made the claims of violence to cover the fact he was beating my sister and mentally abusing her because she took so long to tell someone ssocial workers say she has no chance of regaining residency so my aunti was asked if she could take them she was more then happy to agree but she had a medical and because she has a bone condition she was told she now can't have them I have only spoke to social workers briefly but they said I was too young at the beginning but I am going to contact them in the morning and plead my case I know I will need my own house big enough for myself and 3 boys I am really upset at the fact they could be in care permanently or worse adopted as I have a strong bond with my sister and nephews I love them as if they were my own children I know that's not enough but I am willing to go to any sort of pairenting classes saocial workers meetings or court dates I am only 21 but family is all what matters to me the childeren are twin boys who are 3 and a 2 year old boy please understand that I know that officials may think I'm a bit immature but when it comes to age but I would Not ask for them if I wasn't 100% sure I could care for them plus I have 4 very close family members who can help and support me but they are not in a position to take on 3 children full time both my pairents have sadly passed away so it's just us and if I lose these children I will lose another part of my self my heart will brake thanks for reading and thanks for your advice in advance
ChildSupportLaws Editor 26/05/2016 at 2:31 pm
Unfortunately, it is rare that a court will take a child from one parent and hand it to another without very good reason. The courts will always rule for what is in the best interests of your child and consistency and stability is of great importance. If you do not have at least shared-care of your child currently, then it is unlikely you would be given residency of your child. However, if you are concerned your ex may move away with your daughter, then you can apply for a Prohibited Steps Order through the courts. A 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 Editor 26/05/2016 at 10:06 am
Yes, you will still have parental responsibility post-divorce, please see gov.uk whichWith regards to your ex wishing to change your son's name, your ex would have two options either to try to change the name informally i.e at school, doctors etc, but not on passport. For this a parent does not need any official paperwork to do this. However, if your ex wishes to change your son's name by Deed Poll then she would need your consent in order to do so (as you have PR). If you refuse your consent, then your ex would have the option to take the matter to court in order to let the court decide what it thinks is in the best interests of your child. If your ex changes your name informally, then you would have the option to take the matter to court via a Specific Issue Order, I hope this helps.
Mike 26/05/2016 at 2:17 am
I broke up with my ex a few years ago we have a 5 year old girl and she has two older boys, she's been controlling with my time with my daughter in the past and often uses her as a weapon against me as she is the only way she can get at me. She recently told me I would have to go through court to see her again after she found out I'd been seeing some one new.
She is also planning on moving away, I don't believe her to be capable of looking after my daughter alone never mind 3 kids, her mother currently does all of her house work etc and the only time she spends with any of the kids involves them being yelled at. I will be going to court for access rights but what are the chances of me gaining full custody, she has always had residency of my daughter.
nick 25/05/2016 at 4:08 pm
i am in the midst of a divorce recently my wife told me she wants to change my sons (7 years old) first and second name is there a way i could prevent this?
Also do i still retain parental responsibility after divorce?
(legal advise would be appreciated also reference to specific acts).

Kind Regards,
Nick C
P.S I really don't want her to change my child's first or surname name so i would be very thankful for any legal advise because i would be willing to take her to court.
Woruedmum 24/05/2016 at 5:54 am
3 years ago I separated from my husband, and are now divorced: he was physically and mentally abusive towards me and can be violent natured and unpredictable behaviour!!!
we share a beautiful 9yr old boy together. In the divorce agreement it was agreed for him to have access of every Friday night to sleep over... Returning him on the Saturday, alternate football games and him visiting on a Tuesday night, to take him to football training. Over the years he has never been to a football game, collecting him on the Tuesday night, and the Friday night overnight stay has been sporadic, he does not ever arrive on time and leaves our boy waiting for him for hours and he never returns him at the agreed time! This became impractical to live with and completely mentally draining on my son, as a result I now drop him off and collect him so elevate the problem ( making the "dads" life somewhat easier than it already is)!
He does not provide a home for our son as he lives with his mum and step dad, he doesn't aid with child care in the holiday periods, he has never showed up to any parents evenings, school plays, assembly's etc so I don't even waist my breath in telling him before hand.... I do however inform him on the parents evening out come and show him copies of the school reports!
My main concern is I have little faith and confidence in his parenting skills and worry when my child is in his care: when he does sleep over, my son come back exhausted and in many occasions has gone back to bed and slept for 6 hours!!!!! I believe they sit up on computer games most of the night, my son and step son had told me in separate occasions! He has returned home at 6pm on a state today evening starving as he has been given only breakfast ( bacon roll normally). My sons nana, farther and a majority of the other family member smoke around him, my sons clothes are so pungent with the stench he washes as soon as he returns home!
More worryingly, I know he (the "dad") has attempted to drink drive with my son in the car, and before we sold the family home
( the "dad" was living in while we separated as I had to go to my mums for security) I gained access and found to bags of
Cocaine easily accessible to my son whom was 7 at the time..... I don't not wish to stop access, however, I need to know my son is going to a safe, and stable environment, and feel that is not being provided.
He ( the dad) does unfortunately have parental responsibility as he is named on the birth certificate! I have raised my concerns with the "dad" but just get laughed at!
How can I protect my son? I'm worried if anything happened to me, the "dad" will have rights he just doesn't deserve! How do I ensure my son is safe, is secure, is well looked after, is thought correct lessons in life???? My son lives with me permanently and my partner of 2 years ( he is a role model, and more of a farther figure. He provides moral, financial and emotional support to both me and my son). I fear
Dad2002 21/05/2016 at 7:35 am
Is there a draft agreement I can download online for my ex an myself to sign. She is letting my son come an live with me after a few months of saying no. She went to court an got a order to take him. Just so she can't do that again is there anything we can both sign then shown it to court?
ChildSupportLaws Editor 20/05/2016 at 1:42 pm
As the mother has PR then yes she will have a say regarding whether you change your children's school.
Kev 19/05/2016 at 9:10 pm
If i get full custory of my two children and the mother has parental rights still do i have the right to change there current school which will be much easier for everybody?? Or will the mother get a say in this and dissagree to make it hard and awkward for mr
ChildSupportLaws Editor 19/05/2016 at 3:02 pm
I am sorry to hear this. I advise that in the first instance you should seek legal advice regarding your options. It is unlikely you would be given full custody because of your ex's deception as a court will always rule for what is in the best interests of your child, and taking a child from a parent who is bringing her up and giving her to a parent who she has no bond with currently would not happen. However, you will be encouraged to apply for access if the child is yours. If your ex denies the child is yours, then you would have to apply for a paternity test. I hope this helps.
ChildSupportLaws Editor 19/05/2016 at 2:44 pm
If you wish your children to live with you formally you would have to apply for a child arrangement order which will determine who your children should live with, It would mean your children would be legally placed with you and not your ex and your ex will have to abide by this. As far as keeping them safe from this point, you would have to try and negotiate contact or access between you and your ex, or otherwise your ex will have the option to apply through the courts.
Daloma 19/05/2016 at 9:54 am
My ex girlfriend rold me that she had an abortion for no reason, I have recently found out (from my own investigation) that she did not and have given birth to a beautiful baby girl, my ex does not know that I know yet, but I wish to fight for full custody after 1,the deception 2, her past issues leading to her daughter from a previous relationship being taken from her, im looking for advice as I am a new parent
Paddy 18/05/2016 at 9:33 pm
My wife was having an affair for 6 months while I was at work, I had to give up work and take care of my 2 children as she decided to leave the family home. I have now found out that she is taking drugs at the weekends but she has also been a heavy drinker and still is . What would I have to do to keep my family safe.
ChildSupportLaws Editor 16/05/2016 at 2:16 pm
This is always a tricky question to answer and unless there is a safeguarding issue it is not to be recommended that you take your child from his primary carer. Firstly because of the stress it can cause to the resident-parent and child, and secondly because the court does not endorse non-resident parents taking such steps unless necessary. Also, there is the law to consider; if you have Parental Responsibility then you can keep your child and your ex will have to apply for a contact order which would let the court decide whether the child should be returned to her. While it may seem like the right idea at the time, by keeping him without her consent it could actually backfire on you when it goes to court. If you think your child is in danger then you may wish to speak to the NSPCC, as it has powers to contact Social Services and as his father advise on your best course of action.
Rich 16/05/2016 at 1:31 am
I've joint parental response ablity do I have to return him to his mum if his in danager or can I keep him.
Jane 13/05/2016 at 4:47 pm
Hi, I split from my ex nearly 2 years ago we have a three year old son, since then we worked out that he would stay with his father every Friday night as father didn't want to have him any longer. He never picks him up sending his own mother to do it, also every week I have issues of my son screaming that he wants to stay with me and doesn't want to see his dad. this has been going on for the last year and a half and the outbursts have been steadily getting worse since he moved in with his fiancé, the outbursts are starting earlier in the week. I don't know what to do anymore as when I bring it up with either his grandmother or his father they more or less laugh or blame me even though I have never attempted to sway my sons perception of his dad. My son takes it out on me for forcing him to go and will either not talk to me or will smack me when he comes in out of anger.
any advice would be much appreciated
ChildSupportLaws Editor 13/05/2016 at 2:50 pm
Apologies if this is a short reply, but I think in this case legal advice is your best option, in order to see whether this may be more beneficial to go to court.
fran 12/05/2016 at 11:07 pm
hello I split with my husband in 2009. I have 5 children, but only 2 belong to ex ,in 2012 my son was nearly 8 he wanted to live with his dad. so after two months I said ok but this is always your home.ive had nothing but abuse from my ex he likes to play mind games.in 2014 my daughter who belongs to ex will not visit ive had support workers saying I'm not aloud to force her but to incourage her to visit. ive also been to mediation and because the ex would not correspond I could not go any further. my son wants to come home and dad agreed that In july when school finishes he can come home his school knows that he is coming home ive tried to get him enroled to a school for September 2016 only to find out dad has sent for a different school my concern is that my son hasn't been told off whats happing and because off the violent background from dad I'm scared that if I say anything things are going to kick off what I my son runs away. ive loads off threatening messages that I have saved so that I can take to court. I have tried everything I think my next option is custody I hope you can give me any extra advice please desperate mum. thank you
ChildSupportLaws Editor 12/05/2016 at 1:50 pm
If you don't wish to accept this level of access then you have every right to ignore his solicitor's demands, as his solicitor is obviously trying to get the best deal for his client, your ex. It does not mean to say a court will agree to this. A court will only agree to what it thinks is in the best interests of your children and if it is untenable due to the logistics, then the court is not likely to agree. If your ex was granted 50/50 care then you would be less likely to be able to force the sale of the house through the courts. I advise you seek legal advice about whether you can force the sale of the property and what your own best options are.
susan 11/05/2016 at 10:42 pm
I split up with my husband last July after two years of emotional abuse and bullying. He was arrested for assaulting me and removed from the family home by the police, although the charges were dropped by the cps. I decided to removed myself and my four children (only two are his children) from the 'family home' because he refused to allow us to live there without him and i was unable to stop him from moving back in. Despite his behaviour towards me i have allowed him what i believe is fair access, he has them Tuesdays for tea and a full day at the weekend one week and the next week Tuesday overnight and saturday 10am-sunday 7pm. During school holidays he has them 50% of the time, sometimes more but usually leaves them with his parents rather than taking a day off work. He works full time and is often away over night or out early and back late. I work part time and have adjusted my working hours so the children spend a minimal amount of time in school clubs/nursery, i have always been the main carer.
We are currently going through a divorce and his solicitor has written to me saying he wants 50/50 access, he has suggested a four week rota splitting the weeks but each of the 4 weeks has different days which would make it impossible for me to arrange childcare and my four children would rarely be together. How likely is it that he would get 50/50 access and if he did would that mean i would be unable to force the sale of the house we own but he lives in?
ChildSupportLaws Editor 11/05/2016 at 12:59 pm
You can apply for a child arrangement order, which will determine who your child should live with. It would then mean your ex could not take your child. On another note, it is highly unlikely your ex will be awarded custody anyway as it is very rare a court will order a child to be taken from the primary carer and be handed over to live with the non-resident parent unless absolutely necessary.
Cw2015 10/05/2016 at 4:23 pm
Hi there,

Was looking for a bit of advise, my son's father and I recently broke up after a reconciliation. While we where separated for 7 months he withheld my son 3 times which ended in social work involvement, where he was bamed as the only concern. my son spent as little time as possible with his father due to his lack of interest, my son is only 16 months old and now I am getting threatened with court for full custody or residency. My sons father has never contributed in any of his life whether it be life decisions or providing for him. He also has an addiction to cannabis which is a real cause of concern as he puts it before everything. As of now he's not seen my son since the 2nd of April and there has been no contact from him. I was wondering if I am wrong on thinking to take it to court as no matter what arrangements we agree on he never sticks to it or he doesn't stand up to his parental rights or responsibilities would I be better off applying for sole custody to my son as I don't receive any help or support in his upbringing?

Thanks in advance
ChildSupportLaws Editor 10/05/2016 at 12:56 pm
I am sorry to hear you are having a difficult time currently. It is very difficult to predict what your girlfriend will do. But if you are registered as the father on the birth certificate, you do have some rights as you have parental responsibility. If you split up - then you would have to agree between you on access, if you can't agree between you then Mediation would be the next step, , and then if access can't be agreed through Mediation or your ex refuses to attend (it is voluntary) then the next option would be court. With regards to your question over custody, it is less likely you would be awarded custody over your girlfriend, as women are still generally awarded the status of primary carer and fathers the non-resident parent. I hope the matter does not come to this and you manage to find a way through. Post-natal depression is very common for mothers in their first few months of having a child, therefore support and understanding are what is needed at this stage.
Tk 09/05/2016 at 5:14 pm
I have a daughter who is 3 months old with my current girlfriend, however she is suffering from depression and blames me for it. I brought a flat for us all to move to which should be ready in the next 2 weeks however she is now saying she does not want to move there because the flat will be in my name and she doesn't want to be close to my mum or sister as it is her baby and she doesn't want them to see her. This bothers me so much as they have helped out very much with my daughter and love her to pieces. My girlfriend never wanted to keep the baby at first but I conviced her. I'm worried that if we do split up I won't get to see much of my daughter and neither will my family. My girlfriend constantly refers her as HER baby and no one else's and I feel she will do anything to keep me away from her. Is it a possibility that I could get custody?
Sandal 06/05/2016 at 9:46 pm
My son and ex girlfriend who are both 19 are expecting the birth of their child this year, unfortunately it is already turning abit nasty where the ex girlfriend is saying she doesn't want the baby and is threatening to give the baby up for adoption. My son certainly doesn't want this to happen and I certainly don't want to loose my grandchild either,
The ex girlfriend is not the brightest bulb and maybe only saying these things to hurt my son. She already suffers from depression, Is there anything we can do like fight for custody before the baby is even born.
ChildSupportLaws Editor 06/05/2016 at 11:56 am
Your ex is entitled to apply for access through the courts, if he is the biological father of your child. Whether the court will grant him access depends much upon many factors. If the matter goes to court Cafcass will get involved and write up a report which will be presented to the court, please see link: What Goes into the Cafcass Family Report? here. Court is always seen as the last resort and Mediation will be suggested first. However, if you refuse to attend Mediation, then court will be the next stage, if he wishes to take it this far.
graced 05/05/2016 at 4:25 pm
hello I and my partner separated when I was 7weeks pregnant. He denied being responsible for my pregnancy it was a nasty period for me. He was also very violent towards me during our time together. Now I have put to bed and he wants access to the baby. I registered the birth without him as the father. I don't want him anywhere near me or my baby what do I do
ChildSupportLaws Editor 05/05/2016 at 2:46 pm
Have you thought of attending Mediation in order to sort out the issues? Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, Contact Orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. I hope this helps.
ChildSupportLaws Editor 05/05/2016 at 12:28 pm
I am sorry to hear of your situation. Firstly, your wife has no right to stop access to your daughter regardless of whether she thinks you are 'gay'. Secondly, as you have parental responsibility over your daughter, if your wife is planning to leave the country and does without your consent, then this will be classed as child abduction. If you wish to stop you wife from doing this, you can apply for a Prohibited Steps Order. A 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 We have all heard the stories of a parent taking their child for the weekend and not returning them or going abroad with them and it becoming extremely difficult for the other parent to get their child back. Thankfully, this is one of the scenarios that a PSO seeks to prevent. Regarding residency of your daughter, the court is unlikely to take your child from the primary carer (her mother) and hand her over to the non-resident parent (you), without very good reason. The court will always opt toward what is in the best interests of your child and stability and consistency is of paramount importance. However, you can officially apply for access through the courts, via a C100 form and you can apply for the PSO alongside. Unless there is a very good reason then the courts will award you arranged access to your daughter. If you do not wish your ex to change your child's name then you can apply for a Specific Issue Order through the courts. 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 you and your ex-partner cannot agree on. You may be able to apply for the PSO under this category too. I hope this helps.
Hamster 05/05/2016 at 6:52 am
I left my partner nearly 5 yrs ago because of alcohol problems. I have always tried to ensure contact with our child remained. He calls our daughter every night and got to see her as regularly as was possible given his circumstances, with his parents helping to facilitate. He had to move back to the city where his family live for support so contact is limited. He hasn't paid any money towards her since we split.
I never got a court order for residency because I could not afford to go through the process but he was in no fit state to look after our daughter so never contested her living with me.
Now that he's starting to get better he's becoming very demanding about when he sees our daughter, gives me very limited notice at times and is completely unreasonable when she has things on that she wants to attend in our area. He has recently threatened court action because he's now working and can afford it. He still doesn't pay regularly for his daughter though. I have no problems with her seeing her dad and I welcome regular contact so we can plan around it, but he's unwilling to be flexible around her commitments in our city (school gala days, club commitments etc) and refuses to compromise. I would never stand in the way of their relationship but I'm worried about what it will do to our 9 year old to drag this through a court case and about the money it will cost to do so.
Sid 04/05/2016 at 6:37 pm
I have described my situation below but please feel free to scroll down if you feel its too much i have bullet pointed the key issues.

Me and my wife have been separated for a few months. My profession is extremely demanding and i work long and erratic hours. However, the success of my company has allowed the family to enjoy a high standard of living. my wife left private practice when my daughter was born and now works 3 mornings a week. She undertakes the most of the household duties and child care, although she is assisted in this by a live in nanny whose salary is paid by me.

In the past 3 months I left the house i continued to maintain contact with my daughter (spend time with her when she has dinner, pick her up on Mondays when school finishes and take her to her swimming lessons) this is an activity we both enjoy. However, in the last 2 months my wife banned me from coming to the house and picking my daughter up from school and taking her to her swimming lessons. I have tried to calling the via the house phone but everytime i call my wife verbally abuses me and hangs up i have tried sneaking in a few calls via the nanny but this is very upsetting to the both of us as my daughter starts crying asking me when i will come see her.

Last week, my wife petitioned for a divorce last week and stated because Iam gay she has decided that it would be best that I have no contact with my daugher. she feels that it would be extremely damaging for her to realise that her father is “living in sin” with another man and be exposed to his “immoral” lifestyle. She has told me that my daughter is young enough to get used to not having me in her life. When I protested she said she would take legal action, she told me that she will defy any court order i get and would even take my daughter abroad if necessary to keep her away from me. Just before leaving, she told me that she is thinking of changing my daughters name as she no longer wants her to have any link with me. My daughter was named in honour of my late sister and my wife wants to rename her Amy (after her grandmother) and to change her last name to that of he maiden name

I want to maintain a full relationship with my daughter. While I was initially happy to allow her to live with her mother due to my work schedule, I feel that I may have to fight for custody. I also want to ensure that there will be no chance of her changing my daughters name or to carry out her threat of taking her abroad.

What are the orders i may apply for (and the relevant considerations taken into account by the court) to secure:

1) my relationship with Anne(my daughter)
2)prevent her first and maiden name being change
3)prevent her being taken abroad.

kind regards,
Sid
ChildSupportLaws Editor 04/05/2016 at 11:53 am
You would have to apply to the courts for a Specific Issue Order. A 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 you and your ex-partner cannot agree on, such as preventing someone from having contact with your child. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. I hope this helps.
Rosie 03/05/2016 at 5:26 pm
My husband and I have recently split. I am more than happy for him to see his children but don't trust him. To put an extremely long story short his mother has been banned from contact with our children and now that we aren't together I know he'll try and change that. Is there any way I can make it so it's illegal for her to see them
Nicky 30/04/2016 at 10:45 am
My ex requests that our 8yr old son stays with him on his 3 days off which I am totally fine about. The day before his days off he works 2-10 shift and requests that our son gets dropped off that evening around 7pm with his partner so it's convenient for him the next morning. Our son doesn't see his dad that evening. My ex's partner is having (another) child so my child maintenance will go down again. He currently pays me an agreed amount. We have both been on the csa calculator to work out how much I will lose. Surprise surprise he has worked out that I will lose a lot more than I worked out! He has worked it out as having our son for the 4 nights which I do not agree with. I am quite happy with the 3 nights but the 4th night he has put down is a night when he is not even there, it's just for his convenience the next morning. The whole idea of our son going to his dads is to spend time with him and not his partner. Him putting the 4th night down lowers my payment considerably. When I put the situation to him he just throws it back at me saying I'm being selfish and just thinking about the money! I don't think it's fair even expecting our son to go the night before his days off, he doesn't even want to go when it's just his dads partner there. I'm quite happy for him to just go the next morning. Could someone please advise me on this. He is being so unreasonable and making out it's me being the bad person!
Jgm83 28/04/2016 at 12:01 pm
I have 3 children, my oldest who is 9 has been brought up by my ex as his own since she was 2 weeks old. I then have 2 children from my ex who are 3 and 8. Since we split 18 months ago and he has a new partner who has 3 kids he no longer wants anything to do with my oldest and was having the other 2 on odd weekends. My 8 yr old has add and it is badly effecting her staying at his with no routine and being away from her sister. My oldest is obviously extremely hurt and both my 3 and 8 year old are now refusing to go with their dad. They get extremely upset when they have to go. I haven't made them go for a few weeks but what can I do legally so they don't have to stay there. He is adamant he wants them on weekends so he can pay less mainainence although he isn't actually paying anything at the moment and hasn't for 3 months. Any advice is greatly appreciated
grandad 28/04/2016 at 10:45 am
my daughter and her boyfriend have 2 children,and my daughter used to let them stop at his home for weekends by mutual agreement,then her boyfriends family decided to keep them and would not allow her to take them home. The house they are now living in is frequented by drunks,addicts and thieves,so really, she should not have left them in the first place,but the children need to be out of that environment and away from the bad influences that are around them. The said that because his name is on the birth certificates that he is legally allowed to just keep them. could you please me of her rights concerning custody
ChildSupportLaws Editor 27/04/2016 at 2:07 pm
Your only option would be to either suggest mediation in order to sort the problem out. You could also contact Child Maintenance Services in order to apply for child maintenance if your ex works. You don't say who receives the child benefit etc and/or who is classed as the primary carer. If you are, then the CMS will assess your ex for payment. You can see how much you may be entitled to here. With regards to your ex leaving your son with his grandparents, it is unlikely a court will issue an order to stop your child being looked after by them as this is quite a natural thing to do, especially if your ex is living with her family. Unless you can raise a specific reason why this should not happen, then it really is up to your ex's discretion.
ChildSupportLaws Editor 27/04/2016 at 12:08 pm
It is unlikely your ex would be granted 50/50 custody if you don't agree with it. Shared care is usually granted when either parents already share the care of their children on a day-to-day basis, meaning there will be little change in their domestic routine. Or they both agree this is the domestic set-up they would both prefer.
Justme 26/04/2016 at 8:24 pm
Hi, I am a father of one 9 year old boy recently divorced. Myself and ex have been apart for over 4 years and since the break up I have remained with our son in the family home. My ex moved back with her parents in there home for the first 18 months and then into an attached annexe next door where she still lives. For the first 2-3 years my son would go and stay for 2 nights a week at the weekend sometimes his mum would be there sometimes with his grandparents. A year ago after many arguments etc I agreed in principal that he would stop 2 nights one week and four the following week to try and encourage more time with his mum. The problem I keep encountering is that he spends a lot of time with the grandparents or back and fourth between the two and not so much time with his mum. If I open my mouth to discuss I am faced with an onslaught of abuse which has resulted in me not even being allowed near the property. My son has been put directly in the middle of this and been upset on many occasions with direct manipulation and it is always put across to him that I am some how at fault. I constantly get frustrated that when his mum isn't around, has gone out, has other plans during her supposed time he isn't back at home with me or I`m not even spoken to instead he is next door with the grandparents. Our son has expressed to me and his mother that he likes seeing them but not as much as he does. All I ever here is it is her time so none of my business. My ex has never contributed maintenance wise towards the upkeep of our son and this is something I have given up raising with her as again its just abuse and she doesn't see why she should. I feel that time is so precious as he gets older and I work very hard with my own business, running the home, the schooling and all other parental duties. If he isn't with his mum in her supposed time I feel he should be with me at home especially as it is usually the weekend and we could have more of the quality time tht is so important. I face a constant power struggle and feel like I'm against a brick wall. That loosely covers some of it and believe me there is a lot more but I guess what I would like to know is how far my rights stretch as a father, the resident parent and someone who has consistently done everything for there child. I`m sick of being threatened with well if you don`t like it we`ll go to court, I`m sick of the hostility and I'm sick of hearing that what happens in `there time` is none of my business`. I would never stop him seeing his mum or grandparents but if she isnt there surely there is no place like home.Any advice would be appreciated......thanks
ChildSupportLaws Editor 26/04/2016 at 11:47 am
It depends how strongly you feel about this and how far you wish to go in trying to assert your opinion. If you cannot sort this out informally between you then you may wish to suggest mediation in order to resolve the matter via a third party. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, contact orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. I hope this helps.
ChildSupportLaws Editor 26/04/2016 at 10:32 am
I'm afraid if Social Services have been involved then we cannot advise on this. Although, I would not advise snatching the child as this could land your sister and you as family in trouble and as a result more restrictions on access to her son. I can only suggest your sister seeks legal advice regarding her options in this matter.
ChildSupportLaws Editor 26/04/2016 at 10:26 am
You have every right to be concerned. If your ex does not have PR then it is up to you to make the decision on what you feel is correct for your children. He is highly unlikely to gain full custody, and it sounds like these are just knee-jerk threats from him. If your ex will not see this is a problem, then you have every right to stop overnight access until the situation is resolved. Another option is to suggest Mediation in order to attempt to resolve it by a third party and which will be overseen by the courts. Please see link: Mediation: What is it and is it For Me? here. I hope this helps.
Dee 25/04/2016 at 6:10 pm
My ex has access of weekend to our 7year old. He allows her to sleep in his bed despite me strictly asking not too as it causes issues sleeping alone when she comes home. Can you advise best course. He has a 2nd bedroom but isn't getting it ready and appears to want to play good cop
Rob 25/04/2016 at 3:34 pm
My wife and I have now been separated for 7 months. I have remained in the house. As it stands now I have our 8 year old daughter 2 nights per week and every other weekend. However, I am 5 minutes from her school. I live in a 3 bedroom house. My daughter has her own bedroom. All her after school clubs are unaffected when she is with me. My wife also has a 13 year old son to a previous relationship. She has now moved into a 1 bedroom upstairs maisonette with a loosely converted garage downstairs which she is proposing to live with all three of them. So up stairs there is 1 bedroom and a sofa bed within the kitchenette area. However, the flat she is renting is some 15 miles outside of the school catchment area. My daughter has to travel both ways daily and has to get up extra early for the journey. Could you advise me on my custody dispute please
ChildSupportLaws Editor 25/04/2016 at 2:56 pm
It is highly unlikely the courts would rule that your children be taken from you as the primary carer and handed over to your ex unless absolutely necessary. The courts will always rule what is in the best interest of your children and stability is of great importance. While your ex can take the matter to court, it is unlikely he would be awarded custody.
ChildSupportLaws Editor 25/04/2016 at 2:52 pm
If you cannot agree arrangements between you, then you may wish to suggest mediation to your ex. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, contact orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. However, if your ex is continually harassing you and you feel intimidated by his demands, then you may be able to contact the police. Please see Ask the Police link: here . I hope this helps.
ChildSupportLaws Editor 25/04/2016 at 2:39 pm
It is highly unlikely a court would award custody to a non-resident father unless absolutely necessary. If you cannot agree what sort of maintenence he has, then Mediation may be a valid option. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, Contact Orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach an decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. I hope this helps.
k7 25/04/2016 at 11:57 am
hello there putting this up on behalf of my sister. her son is 6 years old he was recently removed from his home (with his mum) by the police as she was in a bad relationship drugs were involved and some abuse, he was placed with his father who has not had contact with him for the past 2 years and not paid a penny towards his son either. social services had been involved and concluded after 1 meeting with his dad that he was in a safe place despite 2 years ago going to court as his dad had refused to hand him back after hving him for a weekend to which the court ordered him to be returned to his mother hence since then no contact with his son despite my sister setting up mediation to which he refused to come. social services have told my sister they have joint custody so we just want to go get him and let the court decides what happens from that point. my sister has turned her life around ie:taking drug tests (she is clean) and seeing a domestic abuse group to spot signs of a wrongun, the guy she was with is gone and all his stuff too, his dad is refusing to let my sister or any member of our family near him although were the ones who have been there for him hence waiting on a court case and as you know the court papers state mediation must be attempted first which we set up but again he refused. we have recently found out too he has changed him to a different school without anyone informing my sister of this. where do we stand if shes got joint custody to just go get him? thank you.
tasha 25/04/2016 at 10:30 am
I where he would have her every other saturday. The easter sunday we both went to his sons birthday party on my weekend. Then the following weekend was his weekend and i asked him if i could take my daughter to my dads as i had that weekend off work. I phoned him on the Thursday. He agreed then he made a plan to phone me and arrange to have her that following week as it was the school holidays and he had his sons from a previous relationship. He also made a plan to have her that following weekend. However after that enitial call he didnt contact me at all until 3 weeks later he text me saying he was having her every saturday and to have her ready. I then called him and said thats not convenient for me and it will have to be everyother but only at his moms house due to the fact his new relationship is violent and his new girlfriend has social services involved with her son from a previous relationship. He agreed to have daughter at his moms. We then argued to which he got very agressive and compleatly un cooperative. I then said he couldnt have her as he has no where to live, no job, hes a heavy drug user cannabis  and i know he wont get up at a reasonable time with her. I am 37 weeks pregnant and i told him i dont need the stress or arguments so until iv had baby he needs to stay away. He also pays nothing to help towards costs of his child and has no contact apart from the Saturday he had her. He wont even call his daughter in the week. He missed out on her school play which he had known about for weeks before as we had discussed who would be going due to limited tickets and he didnt want to go with my dad as only two people could go to the morning showing then two people to the afternoon showing. Due to that falling into the time we broke up he didnt bother to come. He missed her 1st pearenting morning which i informed him about then when i rescheduled due to my daughter and i running late i informed him of new time and date and he once again didnt turn up. Hes not called after midwife appointments which iv informed him about. I am care assistant on very low wage i want a plan in system safegaurding my daughter so he has supervised access at his moms or a contact centre as i am worried over his state of mind his behaviour is out of character. Hes been rude, aggressive and compleatly un cooperative. In the past we we were always amicable and have always made arrangements that suit both him and me. Even if we have had to involve a 3rd party to pick up and drop off. I dont want to stop access compleatly as its not fair on my daughter however i dont trust his behavior at the moment as hes never been so aggressive towards me. Seems to use daughter as a weapon. He had her 5th March our sons 5 year anniversary he blocked me off everything so i couldn't contact my daughter that night to say goodnight or i love her i felt that was out of spite. I phoned his mom at 11am mothersday to see if daughter was ok and daughter was still in bed with her dad. I t
Nicola 25/04/2016 at 10:24 am
Hi, my son is 1 and me and his father are currently arguing over him having access to him. I have tried since my son was born to get them to have a relationship and regular access but his dad doesn't seem to bothered by it all. He's always telling me he will see our son when he feels like it and goes weeks at a time without seeing him. Due to this and the way my son has come back after his father has had him (not having his nappy changed enough, brought home in wet clothes ect.) i have said that he needs to sort out contact centre. I feel that my son needs a father who puts him first not one that walks in and out of his life as and when he please. My son also doesnt seem happy when leaving with his dad he cries and tries to get me to get him out of the buggy. I'm not sure I stand and I'm worried he'll try to get custody of my son. Please help.
Cherry78 25/04/2016 at 10:05 am
I have 2 children with my ex partner age 12 and 15. Both were born before 30th November 2003 so he has no parental responsibility. He lives with his parents and has no job. My children sleep over 2 nights a week (in grandparents house) in which they share a double bed. I expressed my concern at this after which resulted in an argument and him threatening full custody. Where do I stand?
loulou 25/04/2016 at 9:30 am
Split from sons dad who has joint parental responsibility. For the entire time since the split (6 years) my son has lived with me, having contact every other weekend from friday to sunday. He is now in a new relationship and is demanding 50/50 access. From what my son has said there are lots of arguments taking place. My son is now having various medical issues which is looking alot like Anxiety. Son's dad phones our house constantly and if the phone isnt answered will ring continuously until it is. He is now demanding that I tell him about every single doctors appointment I make for my son, and is making my day to day life a misery. I have never stopped contact and always go out of my way to let him have my son for extra days if he asks. I do not know which way to turn.
Becca 23/04/2016 at 6:41 pm
Hi i recently broke up with the father of my 3 children and his turning horrible saying his going for full custody and will win because I smoke cigarettes in my flat that i live in with the children can he do this? Is it possible. Im scared i love my children and dont want to lose them
stroudie 22/04/2016 at 10:25 am
I have a question regarding residency. My children live with me and will continue to do so. There is no issue regarding that. My ex sees them every seconf weekend. Now that he has a new partner he prioritises time with her over them. Changing dates around etc, making them meet her when they are not ready etc. Anyway what I want o know is can I ask for full custody but with visting or access rights fro him. Joint custody seems the wrong title given its not 50;50, I am doing the lion share and I an raising them. I dont want to stop him seeing them but i want tio make it clear to him that given his lack of involvement I am the main decision maker.
Bella Editor 21/04/2016 at 12:52 pm
@Colleen - if he doesn't like it either you should tell him he can pick them up or take the matter to mediation. They are well old enough to be able to walk home together and no court is going to rule against this. Sounds like he's just being petty. You also have PR and therefore can make a decision based on that. Stand your ground - plenty of kids walk home alone that that age.
Colleen 20/04/2016 at 6:07 pm
Hi, I have been divorced for 3 years now and my ex still and I share custody of our 2 childre 50 / 50. He however, still, after 3 years tries to control what I do with the children on the days they are with me. I want to allow the children to start walking home from school (they are 11 and 13) and he has suggested that if I cannot pick them up myself - no other option is acceptable including after school club, going with friend or walking home) - that I change my school based job for something that would allow me to put the children first. My question is: because we agreed ourselves the custody agreement, does he have the right to intervene and dictate what the children do when they are with me? He has arranged his work through flexible shifts so he always picks them up on his days and refused to let them walk home. It is neither a great distance not a particularly dodgy area and I would be home within 15 minutes of them coming in. Advice please.
ChildSupportLaws Editor 20/04/2016 at 2:51 pm
I can quite understand your friend's plight and it seems unfair the grandparents to put both their granddaughter and daughter in such a position. A solicitor will be able to give her legal advice regarding this. If she can't afford a solicitor she may have to self-litigate in court and may be able to get some free advice either from the Citizens Advice Bureau or Corum Children's Legal Centre via whichIf your friend has a permanent residence order through the courts, it is likely the courts will uphold this and choose not to uproot your friend's daughter, especially as she no longer lives with the grandparents and they have no legal court order in place. Your friend may also wish to apply for a Prohibited Steps Order if she thinks there is any chance the grandparents may leave the country with her daughter and without her consent. I hope this helps.
Millie 19/04/2016 at 10:38 pm
Hi. On behalf of a friend i ask, as she cannot seem to get advice from a solicitor.
She has a 12yr old daughter, who when she was a baby was taken into the care of my friends mum and dad.
The father was violent, so until she left him and sorted her life out, the daughter ws to be in the care of the grandparents.
A few months later, my friend got herself sorted, new flat, new job, new life and ready to have her daughter back.
There was some gradual contact, and then regular contact for a few months, and when her daughter was about 4/5 , a shared residence order was made. A couple of years later after a long court battle, my friend got her daughter to live with her permanently, with regular contact with the grandparents. The shared residency order was still in place, but my friend as the primary carer.
Now shes 12, the grandparents asked her daughter if she would like to move to spain with them, obviously she said yes. This was before my friend was asked!! She found out weeks later. Of course she has refused to let her go, and grandparents are taking her to court over it.
My friends daughter is very distressed with what is happening. She seems to be quite depressed and thinks she will be able to be free and find herself there. Talks of swimming and wearing shorts everyday.
I don't think she fully understands and i have urged my friend to take her to the docs to get some help, someone to talk to.
My friend has all the rest of the family here, as well as a 6yr old son.
She's a single mum, and is terrified that the courts will decide to let her go and she won't be able to afford to visit, so she thinks she may never see her again!!
Grandparents plan on taking her in august (one way flights already booked).
So, any help would be great, she's running out of time...
Hope my rambling can be understood! Thanks for any help!! ×
Millie 19/04/2016 at 10:17 pm
Hi. On behalf of a friend I ask, as she cannot seem to get advice from a solicitor. She has a 12yr old daughter, who when she was a baby was taken into the care of my friends mum and dad.The father was violent, so until she left him and sorted her life out, the daughter ws to be in the care of the grandparents. A few months later, my friend got herself sorted, new flat, new job, new life and ready to have her daughter back.There was some gradual contact, and then regular contact for a few months, and when her daughter was about 4/5 , a shared residence order was made. A couple of years later after a long court battle, my friend got her daughter to live with her permanently, with regular contact with the grandparents. The shared residency order was still in place, but my friend as the primary carer.Now shes 12, the grandparents asked her daughter if she would like to move to spain with them, obviously she said yes. This was before my friend was asked!! She found out weeks later. Of course she has refused to let her go, and grandparents are taking her to court over it.My friends daughter is very distressed with what is happening. She seems to be quite depressed and thinks she will be able to be free and find herself there. Talks of swimming and wearing shorts everyday. I don't think she fully understands and I have urged my friend to take her to the docs to get some help, someone to talk to.My friend has all the rest of the family here, as well as a 6yr old son.She's a single mum, and is terrified that the courts will decide to let her go and she won't be able to afford to visit, so she thinks she may never see her again!!Grandparents plan on taking her in august (one way flights already booked).So, any help would be great, she's running out of time.Hope my rambling can be understood! Thanks for any help!! ×
Marly94 18/04/2016 at 3:00 pm
Hi,
I have a son, he is 2 months old as of today. Me and his mother are not together and separated before we realised she was pregnant. She lives about 30-40 miles away from me. I've claimed my son as my own since I found out she was pregnant and been supporting her financially during her pregnancy since her 20th week pregnancy scan. We had an argument during her pregnancy about my commitment towards him which is why I started supporting her financially on a weekly basis to show my commitment. Since then our relationship hasn't been the best but we talk about our son and things concerning him everyday.
Recently I have been asking her if I can have my son for the weekends so my family can get to meet him and he get to know my family as he is starting to notice more things and so I can feel comfortable at my own place rather than staying at hers where I am not as comfortable. She has said "No" for various reasons like not being able to trust me, her feeling she would be replaced as a mother as I have a Girlfriend which she has known about for a large part of her pregnancy. However I feel the reasons are void as I have him every weekend for the majority of the time by myself at her place while she can get rest and enjoy her life and because she also has a boyfriend who stays with her regularly. We've both known the situation before he was born and discussed it many times. I don't want to apply for time as we should be adult about the situation and have an agreement as easy as it was for us to agree child support. Is it fair that she keeps saying no? Is there any advice I can get on what to do? I do not want it to get to a stage where we're fighting for time, as she does allow me but it's always at hers and not at mine where my family lives.
Wendyj 18/04/2016 at 2:17 pm
I separated from my daughter's dad in Aug 14, now she's been offered a placement at primary school, I have custody but there isn't a co parenting agreement in place, do I need to wait for him to agree whether he wants her at this school I've chosen? Or can I just advise him that I've chosen that school ...It's a great school and I'd rather her go there, it's close to my address and very good ofsted rating.
shan 16/04/2016 at 5:11 pm
I am a british my husband is an indian, my daughter is born in india but I got british passport for her. I have no contact with my husband from last 2 years. I don't know in which country my husband is. Can I get the custody of my child without my divorce
ChildSupportLaws Editor 12/04/2016 at 12:25 pm
Very few people are entitled to Legal Aid except those who have suffered domestic violence. The route is to self-litigate, please see link: Legal Aid Withdrawal: How to Represent Yourself, here. I cannot anticipate what will happen in court. However, it is rare the court will offer 50/50 shared care unless both parents agree to this. It means one parent is generally made the primary carer and the other the non-resident parent. You don't say whether your ex is paying child maintenance, if he is through a family-based arrangement then you agree payment between yourselves. If it's through CMS then you can't enforce any extra payments on top of the calculated amount.
Rebecca 11/04/2016 at 4:19 pm
Hi,

I am separated from my husband with divorce proceedings ongoing. We have a two year-old son who lives in the family home, while the father lives in his parents' house for the time being.

We have been through mediation and agreed upon a solution, though the father is seeking a 50/50 split of custody of the boy, despite not actually having provided a proper home for him. I should say that currently, he is co-sleeping with the boy which has proved detrimental to his sleeping arrangement here at home, too.

Now, I am an Australian citizen on a VISA here and do not qualify for Legal Aid, it seems. I am on a low income and, because I cannot agree with the father, am unable to put our child into a nursery because he refuses to pay a share of the cost, thus not enabling me to take more hours at my current workplace.

He has consistently been in breach of the mediated agreement and I fear now we will have to through the courts. I feel that it the current arrangement is more than reasonable, but the father is insistent upon a 50/50 split.

What steps can I take given my circumstances?

Many thanks in advance,

R
ChildSupportLaws Editor 11/04/2016 at 2:07 pm
Have you suggested Mediation? Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, Contact Orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach an decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. If you cannot agree after Mediation then your ex will have the option to take the matter to court for access and then it will be up to the court to decide. However, if you are the primary carer it is highly unlikely the courts would remove your children from you unless absolutely necessary. The courts always rule for what is in the best interests of your children and consitency and stability are the most important.
ChildSupportLaws Editor 11/04/2016 at 12:12 pm
I'm afraid we cannot speculate what a court may decide, as it will always decide what it thinks is in the best interests of your child. If you are refused Legal Aid, which is likely, please be aware you can also self-litigate, please see link: Legal Aid Withdrawal: How to Represent Yourself
Selene 10/04/2016 at 9:03 pm
Hi I have 2 boys with my ex 5 and 1 were struggling to agree to days that he has then atm he wants 3 days and nights a week and won't bend for appointments I have with or anything....Im scared he's gonna try and claim full custody of them because of the amount of days he has them?
Bernie 10/04/2016 at 5:08 pm
Hi, my wife will shortly be starting a prison sentence for embezzlement. This will be her third offence for the same thing. We have been separated for the last 18 months My daughter has been staying with her mother and grandparents as I haven't been able to afford a fixed abode. I was getting my daughter every Saturday & one night during the week. Recently they have stopped me seeing my daughter every week and only giving me access once a fortnight. I have taken my redundancy, moved back to my parents and have applied for legal aid, every alternate weekend access, a divorce and eventually full custody of my daughter. My wife will be in prison for at the very east 2 years. My daughters grand parent are going to fight me for full custody. Is there any reason or case for me not gaining full custody?

Kind regards,
Bernie
des_diver 10/04/2016 at 2:56 pm
I have two boys with my ex, one 17 one 13.
Although i moved to Tenerife for work and to get away from the constant problems with my ex, i still try to maintain weekly contact with my boys.
My ex now has another child 6 and treats my 13yr old like the house slave.
His daily jobs include cleaning up all the cat excrement ( he hates cats), washing his younger brother, cleaning his bottom when he has been to the toilet .
His grades in school now are deteriorating and he has for the last two years asked if it is possible for him to come and live with myself.
I have no idea if a child can choose who he/she can live with or if this would involve a solicitor and the courts.
If he has the right to live here then there is no problem with schooling as the local school will take him on and give him extra lessons to ensure he is up to the level of the other children.
My work is flexible hours so i could ensure he is not left at home on his own.
jmc 09/04/2016 at 6:40 pm
If an unmarried mother dies, and leaves a will stating the child's grandparents should become legal guardians of her child, instead of the biological father - would the written will be ad heard to in court?
Tazmania123 08/04/2016 at 11:47 pm
Does my daughter have the right to know the address of where the children are staying when her ex partner has them sleeping over once a week
Tazmania123 08/04/2016 at 11:40 pm
My daughters ex partner is refusing to tell her where their children are staying on the one day he has them every week. Does she have a right to know.
Carrie 08/04/2016 at 10:43 am
I have a question on behalf of my partner.

He and his ex wife separated nearly three years ago, in the divorce papers he voluntarily gave his ex full child custody. At the time he was immensely stressed and did so to avoid conflict.

He sees his daughter twice a week/approximately 10 nights a month, plus the occasional holiday etc. He pays the full CSA plus extra and covers some clubs, after school dinner club etc.

His ex uses custody as a threat when she feels he isn't doing what she wants. She also demands to know every single movement of his daughter when he has her- of course we always update if she's staying anywhere other than with us, and we provide addresses if we're going to be away from home. We do not get this courtesy in return.

Aside from that, although we believe the custody threats (that she has full custody and therefore could withdraw access if she felt that way) are empty, it does give us cause for concern.

In short, my questions are-
What does 'legal custody' actually mean, if we do in fact have his daughter on a regular basis? (and his name is on the birth certificate) Does his ex have the ultimate say over e.g. who we choose to babysit his daughter when she is with her father?
Could she take his daughter abroad, or move abroad without getting his consent?
How easy would it be for my partner to go for joint custody, and is it worth it?

I realise that he's in a minority not having legal custody.

thank you
ChildSupportLaws Editor 07/04/2016 at 2:05 pm
Unfortunately, I can't really advise on this, especially when there are two valid sides to every story. The fact your ex is unable to get out of a change in work shifts which is beyond his control would give grounds for a variation to the order to be made (has he applied for flexible working?) If he has and has been refused then the courts will take this into consideration, if he hasn't then it may work better in your favour. However, if I understand you correctly he can still have the children alternative weekends, but is refusing. The court will invariably decide upon what it thinks is in the best interests of your children and therefore it is impossible to predict what it may decide.
ChildSupportLaws Editor 07/04/2016 at 11:31 am
Not wishing to scare you, but making sure you know fully the rights your ex has; if your ex has Parental Responsibility then he can keep hold of your son and the police would be unable to intervene, please see link: What Happens If My Ex Keeps the Children Without My Consent? here. Obviously this is the worst case scenario and one that generally doesn't occur, but that you need to be made aware of, especially if your ex is making such threats. However, if your ex is threatening to take the matter to court, then it is highly unlikely the court would remove your child from you the primary carer without very good reason, so you have little concern here. If you are concerned your ex may take your child without consent, then you would have to apply through the courts for a child arrangement order, I would also advise keeping any correspondence where your ex threatens this, even texts/emails will help back up the reasons for you applying for the order. You can stop access should you wish if his threats are intimidating until you have acquired the child arrangement order and your mind is put at rest. I hope this helps.
Still disputing! 06/04/2016 at 11:07 pm
Hi, the ex has a Change of shifts meaning the rota we worked with, that worked, is now Changing (2 days notice) meaning the overnight stays will be weekdays more so. This doesn't work well for the children as it interferes with school too often and little time will be spent as its more often than not after 6pm pick ups. Ex is now taking this legal as I will not agree to the new proposal given the children will not gain any quality time with their dad, that only dad maintaining the 2 night stays meaning he doesn't have to pay extra maintenance which it appears he is trying to avoid rather than spending adequate time. We've tried mediation but got no where. Said rota is non negotiable despite working every other weekend and myself proposing alternate weekends that will work better for them and be able to spend quality time. Advise is much appreciated.

Thanks
ChildSupportLaws Editor 06/04/2016 at 1:41 pm
If your ex is not on the birth certificate and doesn't have PR, then he does not have rights; meaning that unless he opts to take you to court to apply for PR, then you automatically have residency rights and also you can make autonomous decisions regarding your child.
Louise 06/04/2016 at 10:46 am
My sons dad has never had any interest and I have brought him up over the two years. I moved out over a year ago and offered his dad to see him Tuesday nights and every other Saturday but he said Tuesday was enough he didn't want to give up his weekends. So after only seeing him once a week and never taking him anywhere apart from his mothers house now my son is 2.5 years old and his dad has a new girlfriend who has kids he is threatening to take him off me to live with them. My son has everything provided for him, a beautiful home and all the love and care in the world. Can he do this? Is there anything I can do to make sure my son stays with me?
Jay82 05/04/2016 at 5:15 pm
If my ex is not on our daughter's BC and doesn't have PR, does he have to be notified that I have made a CMO application?
I do want him to see our daughter and have a relationship with her, but he uses her as a form of control over me. I am hoping to get an order that she resides with me so that control is taken away from him, as we have previously been to court over domestic abuse, and he signed an undertaking to leave me alone, but that has expired now.
ChildSupportLaws Editor 05/04/2016 at 1:42 pm
If he is not on the birth certificate the father of your child can apply for Parental Responsibility and access through the courts
ChildSupportLaws Editor 05/04/2016 at 12:37 pm
Again this could be put to the mediator and it would be up to your ex to agree or disagree with this proposal. If you both can't reach an agreement regarding your suggestion, then your ex would then have the option to take the matter to court.
ChildSupportLaws Editor 05/04/2016 at 11:35 am
You would either agree with the mother that you have residency; Mediation may help, please see link: Mediation: What is it and is it For Me? here. If your ex refuses then you may have to apply for a child arrangement order via the courts, I hope this helps.
LDN_GIRL 04/04/2016 at 5:05 pm
I was never married and he isn't on the birth certificate, so what are his rights? He chose not to be on the birth cert but is now threatening with court!!
Froggie 04/04/2016 at 2:36 pm
In response to your answer to my question on the 1st April the children are just turned 4 and 6. Unfortunately it's all a control issue with him. I want him to want to see them but that's not the case I'm afraid. Is it an idea to suggest a parenting course for him of some kind? He won't like it but he has had zero interaction for a year through his own choice. I just want stability for my son and daughter as I know he will try something else in a years time to get to me and try to exhert some control. My daughter never mentions her dad but my son does want to see hhim.
ChildSupportLaws Editor 04/04/2016 at 12:07 pm
I'm afraid we can't anticipate what a court may decide, but the courts do want fathers to gave a good relationship with their children so will help you develop this as best it can. However, it is rare that the courts will agree to joint residency, unless both parents agree. Usually one parent is deemed as the primary carer and the other the non-resident parent and the court will base access arrangements on the back of this.
Damien 04/04/2016 at 10:35 am
Hi, about 6 months ago my daughter who is now 12 has came to live with me. I have shared custody of her since she was 3 months old on a 50/50 basis, near enough. Now that she lives with me, how do I make it formal and more importantly stop her mother claiming benefits for a child she rarely sees. Any help would be much appreciated.
Regards
Damien
tictac10 03/04/2016 at 10:20 am
Hi. Am applying to the courts for joint custody of my 6 yr old daughter. Her mam has recently stopped me see in her as theres always disputes going on and she refuses to attend mediation. I hope to have her 3 nights a week(pick her up from school friday return her monday morning). She is also considering moving schools without my consent. She has met a new partner who is influencing her on everything. What are my chances of success and would i still have to pay maintainance if joint custody is granted ?
Wellbeing 02/04/2016 at 11:43 pm
Hi I was in an abusive relationship,marriage which was both psi ally and mentally torchering I had a little and ended up with postnatal depression on top of the depression he caused me, he's mother was always to clingy with my daughter I left him cause I was so scared of him and needed to get back to myself for my daughters sake he's mum look after her while I was gone I am well and want access to my daughter which I do get but not like i should he's mother think she is now my daughteRs mam and That I should not ask for her to stay with me ever and they are saying I have no rights at all ? I do don't I? Please help would I get custody of my Daughter
ChildSupportLaws Editor 01/04/2016 at 10:37 am
Cafcass will look at your evidence and hear what both your ex and you have to say on the subject. You don't say how old your children are, but if they are over the age of 11, they will also have a say from their perspective. It seems that an access order would be in the best interests for both of you here, as there is obviously a lot of confusion regarding yours and his access terms.
ChildSupportLaws Editor 31/03/2016 at 2:49 pm
You are already the primary carer of your child. You can apply for a child-arrangement order which will determine who your child should live with, but it is rare that a court will take away PR from your ex. Please see gov.uk which
ChildSupportLaws Editor 31/03/2016 at 2:40 pm
It is rare that a court will take away the father's parental responsibility, unless under necessary circumstances. If you take your child out of the country to live without your ex's consent, then you would may be charged with abduction. If you wish to leave the UK, and your child's father refuses to give consent, then you would have to apply through the courts and the court would decide what it thinks is in the best interests of your son.
Froggie 31/03/2016 at 8:13 am
I have a manipulative and controlling ex who has not bothered to see his children for over a year. Despite me leaving it open for him to see them when he wanted.He wanted to control me and the situation and everytime I left it open for him, said he could have the children more, could call etc but he never took this up. He is a game player and will continue until something is in place. He has lied in the court application too!
Will cafcass look at my evidence? Will the court look at it? Can I apply for residency order for their stability due to their father trying to exhert control over me? He doesn't care about the kids but I want them to have their dad in their life. If I dont agree with the first hearing can I carry the case on to be able to show my evidence. I have email and text proof and documented everything for over 3 years also due to knowing what he is like. He also let the kids down 34 times in 27 months and sometimes left it a month in between bothering to see them. I know he will come out with lies but he has zero proof of me ever ever stopping contact. Eventually once ex has shown consistency and stability for my son and daughter I would like him eventually work to one night a week for tea and every weekend for a full day including over night and time during school holidays too ( although I know this I'd not what be wants as he could have had it already but he never accepted it. If I do not agree with judges advice can I request a further hearing so I can provide more evidence etc.
My main worry is his game playing and I want a residency order and contact order in place for the kids.
Molllll 31/03/2016 at 8:03 am
Hi, looking for advice. My daughter is 7 months old. Her 'father' has not paid a penny for anything! I bought everything with help from my family. I pay for everything for a daily basis and recently paid for her christening. My ex is on drugs. He is addicted to marijuana. However, I know he takes harder stuff when he can. He hasn't got a job nor on benefits. So what can I do? Will I win if I went for full custody?
Dougal 31/03/2016 at 4:16 am
Hey, I broke up with my sons father when I was pregnant, as I caught him taking drugs. I tried hard to maintain equal support at first, he's registered on the BC. However, 3 1/2yrs later he continues to take amphetamine intermittently. I drug tested him recently and he failed. I don't live with him and he has become nasty feeding our with horrible things telling him he needs a new mummy etc, which bothered my son greatly. I have stopped access currently. My son has his fathers surname, I want to stop his legal rights to him and all my family live abroad mainly in Australia, he has told me he won't be allow me to fly out the country anymore. Any advice would be greatly appreciated. Thank you
Gaffermac 29/03/2016 at 10:00 am
Hi, Just looking for a little advice on here.

After being with my partner 12 years we married in June 2015, within 4 months she started an affair and ended our marriage. I saw messages on her iPad of her telling her friend she married me for half.

We have 3 children 4,7,16 although the 16 year old is my wife's from another relationship, I have raised her as my own and although she knows her real dad, she calls me dad and her real father pays nothing at all towards her.

My wife is moving out next week, and we have verbally agreed to joint custody of our 2 youngest, and our 16 year old has asked to stay with me full time.

Do I still have to pay her maintenance even though joint custody, and is she entitled to all child benefit etc?

It seems I will also lose our family home as she insists on a large payment I cant afford... sad times
Gaz 27/03/2016 at 12:05 pm
Hi, I have a 15 month old daughter with my now ex partner. I have a few questions I hope this is ok and I will ask them in brief form. My ex and myself broke up about 4 months ago and since that day have split custody 50/50:

* I was not married to my ex does this mean she can move anywhere she wants even abroad with our child?
* My ex has dual nationality (Oz) can she get a dual passport for our daughter without my consent?
* Are all medical and schooling decisions made by my ex including where she attends?
* I have put together what I believe is a good custody agreement can you tell if there is anything I should make sure is included? and does it need to be witness signed?
Lastly... does a custody agreement really carry any weight.

Thank you very much for your time and any advice assistance you can give.
ChildSupportLaws Editor 24/03/2016 at 2:13 pm
Your ex would still have the right to take you to court, regardless of whether he has PR, or is on the birth certificate. If he can't locate you, he can apply through the courts via an application for an order for disclosure of a child's whereabouts. If you are concerned, this does not mean your address will be revealed to your ex, but it will allow the court to ensure he can apply for access.
MGRG14 23/03/2016 at 10:44 pm
If an ex partner wants to take you to court for access, but they don't know where you live, how can/ how do they start proceedings? Also this parent wouldn't be on the BC and does not have PR.
ChildSupportLaws Editor 22/03/2016 at 12:32 pm
Each case is examined individually on the emotional and psychological effects of the illness on the parent in question, and what is in the best interests of the child
Tails 21/03/2016 at 10:25 pm
Is there any common law precedents about Bipolar parents and custody?
ChildSupportLaws Editor 21/03/2016 at 1:54 pm
Your ex's wife has no responsibility to pay for your children.
ChildSupportLaws Editor 21/03/2016 at 11:49 am
Unless there is a change in circumstances, or your ex is breaching the court order, then you would not be able to take the matter back to court so soon. It is also highly unlikely the courts would consent to custody if your child is stable and happy with his mother - the court will not remove a child from its mother and hand it over to the non-resident parent unless it has a very good reason. As difficult as this may be for you, I suggest you run with the arrangement you have in place for a good while, as you have generous access currently which will increase. Your child is still very young and will not be fully aware of his first birthday, why not give him an alternative birthday on another day. My advice is don't try and run before you can walk, enjoy the time with him now and when you have him overnight. Then sometime in the future you may be able to try for more access or even shared-care.
liz 20/03/2016 at 10:51 am
my son Owen is 11 and since separating and divorcing my ex husband around eight years ago he has lived with me my parents looking after him when I work my ex husband was an alcoholic and abusive and during divorce had an anti molestation order against him. my ex has hardly been able to hold down a job since the divorce due to his drinking apart from once which was the only time I got any sort of maintenance payment he currently works somewhere cash in hand so that he doesn't have to pay me anything and lives with his disabled girlfriend in a one bedrooms flat. Until recent months he's not shown any interest in having Owen more than the Sunday afternoons that we arranged. The only time I have ever stopped him having Owen was when he was getting drunk while having him and taking him to the pub. since being with present girlfriend he seems to be wanting to show how caring he is and what a great father and has started trying to throw his weight around and intimidate me again as well as reporting my dad to the police for hitting Owen which was dropped soon after by police as no evidence (and was complete rubbish)so that he can apply for a council house saying Owens living with him he now is saying that he is entitled to have owen three nights a week threatening he will go to a solicitor I am scared to speak to him on my own tried to get him to speak with me and my brother but he refused so I think he will refuse mediation too the way he has acted and what he's done to my son with his actions makes me want to go for full custody could do with advice please sorry it's such an essay!!
Tilly 18/03/2016 at 9:39 pm
My child's father died and maintenance obviously stopped, as she is a minor should my exs wife pay maintenance until they finish education?
ChildSupportLaws Editor 18/03/2016 at 2:23 pm
Here's a link which will tell you what PR is here. If the father does not have PR, and he is not registered on the birth certificate, then you can take your child out of the country without his consent.
ChildSupportLaws Editor 18/03/2016 at 1:58 pm
I'm afraid we can not predict what a family law court may decide. Before the matter goes to court, Cafcass will get involved, please see link: What Goes into the Cafcass Family Report? here and the court will make a decision on the back of the report.
priya 18/03/2016 at 11:33 am
i had a love marriage in 2008, we had a normal relationship till 2014...but later my husband started neglecting me completely...i gave birth to a child in 2011...i got close to my husbands friend in 2014 june...about which my husband came to know nd he asked me to leave the house....i stay with my parents now. my husband is continously asking for divorce nd says he has certain proofs against me...i wish to stay with him or atleast get custody of my son...please help me in this as soon as possible..my son is extremely close to me...
ChildSupportLaws Editor 18/03/2016 at 10:55 am
You would have to take some legal advice regarding this. If your ex is the primary carer of your children, but not officially. He would have to take the matter to court to make it official.
Harp 18/03/2016 at 4:04 am
my ex husband never took any parental responsibility never met my daughter from her birth .and I never get claim anything from him .we are looking to move from uk to another country if we move from this country permanently do i need to get permission compulsory from ex
I question before same like this can you explain the parental responsibility as well
Tails 17/03/2016 at 9:09 pm
Hello,
Don't know if you can help. My soon to be ex wife has Bipolar. She told me she was diagnosed early last year. She has been acting irrationally and impulsively for a while. In December she stated a lot of worrying stuff including suicidal, lying on CBT and changing her medication as well as leaving her last husband (8+yrs ago) on a high. It was documented and signed to bring to her physiatrist. I was willing to support her. She ended the marriage 2 weeks later. Later she has admitted cheating but has also been lying a lot, including last week how my son hurt his knee. I am in the army and can get a house and support if I go for residency. She is a GP. I feel that my son is at risk long term, he starts school in Sept 16 so as not to cause him hurt I feel that I should try and start him in school with me. Where do I stand legally with residency and Bipolar? I do love my wife and I have tried twice to support her however she has admitted seeing someone else. She does not admit having a problem now. My heart says that I love her and play nicely, my head says my son needs protection. There is more to this story, army welfare reported situation to social services who I have managed to calm at present however if I give them updates might become very interested. I have mediation next week, any help would be gratefully received.
ChildSupportLaws Editor 17/03/2016 at 11:52 am
If he has Parental Responsibility then by law you would have to contact your ex and ask for his consent. In order to prevent the hassle of court proceedings, and potentially having to move back somewhere after a recent relocation, it is always best to notify your former partner of your intent to move. If they do not want you to move, they can instigate court proceedings in the form of a Prohibited Steps Order under section 8 of the Children Act 1989 to attempt to prevent this. Of course these court proceedings would still be a hassle, but surely it is better to deal with any potential problem before you move. However, if your ex was not registered on the birth certificate and does not have PR, then you are entitled to move without his consent. If you did have to go to court, it is unlikely the court would refuse you permission if your ex has never seen your child.
Sam 17/03/2016 at 10:24 am
Hi my children av been with my husband two years as he promised would send them by to me. I av them every other weekend. But now he saying his solicitor said new law out says he automatically got custody even tho never been to court.
Harp 16/03/2016 at 7:59 pm
i i am living with my husband and my daughter but my ex husband never met my daughter from her birth now she is 11yrs old we are looking to move from uk to another country if we move from this country permanently without my ex permission is it offence or i can move legally without his permission because he never takes any responsibility and never met her since her birth
ChildSupportLaws Editor 16/03/2016 at 2:15 pm
Do you have a reasonable relationship with your ex's parents? If so wouldn't it be better to talk to them directly, rather than stop access? For them to lose their son and then lose contact with their grandchild would be unkind. Naturally his parents are obviously grieving and grief takes many different forms. They may wish her stepdad no harm, but just wish to try and keep the memory of her father alive, which is what is impacting on your daughter and her stepdad's relationship. Bringing this up without malice to the grandparents may help resolve the problem. Also, this issue will invariably die down once they become accustomed to their loss and the grieving process gets easier, which it should begin to soon. In the meantime trying to resolve the issue informally, or even through mediation if necessary would be much kinder.
ChildSupportLaws Editor 16/03/2016 at 12:39 pm
If your ex has Parental Responsibility then you will have to ask him for consent to move out of the UK, otherwise you could be charged with abduction. It is not an offence for a mother to remove a child from the country without the consent of a father without PR. Case law shows that it is however more common for women to commit child abduction than men, and the courts take a very hard line in these cases. In order to prevent the hassle of court proceedings, and potentially having to move back somewhere after a recent relocation, it is always best to notify your former partner of your intent to move. If they do not want you to move, they can instigate court proceedings in the form of a Prohibited Steps Order under section 8 of the Children Act 1989 to attempt to prevent this. Of course these court proceedings would still be a hassle, but surely it is better to deal with any potential problem before you move, rather than move and risk being told that you have to move back. I hope this helps.
ChildSupportLaws Editor 16/03/2016 at 12:34 pm
I don't quite understand your question, but you can see more about adopting stepchildren whichI hope this helps.
RealMum 16/03/2016 at 8:29 am
Hi, I was hoping for some advise. My ex husband passed away a year and half ago, before that I agreed through court he could see our daughter once a week for an overnight stay with his family. Since his death she has gone there more or less every week or every other but now there seems to be issues where they are saying things to her and putting ideas in her head that are ruining her relationship with her step dad. They have a shrine for her dad and they keep buying things and talking about him in present tense which is worrying me as it doesn't seem healthy and she can't grieve properly. Do they have any custody rights? Can I stop her going there legally?

Thank you
Harp 15/03/2016 at 9:00 pm
Hi one more question please if we are moving from uk to another country permanent then i need my ex husband permission or not
Harp 15/03/2016 at 8:51 pm
Hi i already ask before about my daughter custody
If my husband going to adopt my daughter legally then court need sign of both or only i can sign because she is living with us .
my ex husband never met my daughter since her birth.
If need sign from both then but about if i am going to get her legally custody then I need sign of my ex husband or not
ChildSupportLaws Editor 15/03/2016 at 10:36 am
If your ex husband has never had anything to do with your child, then the courts are not going to take your child from you and grant him a residence order. The court will always rule on what it thinks is in the best interests of your child. Stability and consistency of parenting is one of the most important aspects of your child's welfare, so you have no need to worry.
Harp 14/03/2016 at 3:32 am
Hi i have my daughter 12 year old my ex husband never met with my daughter since her birth we had saperated when i was pregnant .now i want to apply my daughter visa to india but they said we need sign from both mom and dad but I haven't any custody paper i am looking to get my daughter custody but i don't want to loose my daughter if I apply to get custody is there any chance to go custody to my ex husband
advice 12/03/2016 at 10:10 am
hi i have a court order for my children which is 50/50 responabilty and shared care when my ex wants me to have my children i always do and when she tells me anything to do with them i tell her back and she doesent listen everything i tell her she goes back to my family and tells them what i say then it courses an argument with them it happens all the time when i talk to her over the children what can i do about it as it seems i cannot say anything to her over my own children when i have the right over there upbringing aswell its seems to be 1 sided
ChildSupportLaws Editor 11/03/2016 at 1:57 pm
You don't say how old your step-daughter is as if she is over 11-years of age, then her opinion will be taken into consideration should it get to court. There are only three options here, discuss the matter directly with the father, mediation or court. If there is already a court order in place (you don't say), then you would have to have a good reason to apply for a variation such as a change in circumstances, or because your step-daughter was old enough to voice her own opinion. It's a difficult question to advise on, and one that is really best sorted organically or naturally between yourselves.
ChildSupportLaws Editor 11/03/2016 at 11:31 am
If your ex is granted custody of your son, it does not mean you cannot dispute this, or have access to see your son. Whenever parents can’t agree over an application for a Contact Order, they become involved, compiling a report on the family, both parents and children. The document they produce carries a great deal of weight with the Family Court. 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. However, it does mean you will get to give your side of the situation too.
sm 11/03/2016 at 12:41 am
My partner has a daughter, my step daughter, with her ex. We have an arrangement in place with him by which we have her about 40% of the week. This has been in place for 2+ years. But recently we have had concerns about how he is bringing her up when he has her. Most of the time she is with his partner and their younger child. We have always refrained from 'rocking the boat' for my step daughters sake but she has recently expressed a wanting to spend more time with us. What type of evidence or support would we need to realistically suceed in changing the arrangements so that she was with us more. Her dad would never agree to this by choice
Nat6253 09/03/2016 at 4:47 pm
Asking for my sister she was with a guy for 5 years he had a daughter from a previous relationship that he had sole custody of they broke up 3 years ago and he left his daughter with my sister, social service haven't got a clue he also gets a flat and claims benefits for her and my sister doesn't receive anything, my sister and the little girl who is 9 have a really good relationship and she doesn't want to live with her dad but wouldn't tell that to anyone as she wouldn't want to upset him is there anything my sister could do legally to get custody of her. My sister also has 2 other children with him that he doesn't differ to pay maintenance for.
ChildSupportLaws Editor 08/03/2016 at 12:27 pm
This is a never a good idea, as the child should be the main concern in any dispute and the courts would not take lightly if your friend was to take his child without authorisation and as a tool to get back at his ex. If your friend wants access to his son, he should apply directly through the courts, please see link: When Your Ex-Partner Denies You Access, here. I hope this helps.
LoftheM 07/03/2016 at 8:41 pm
My husband works nights and i work days, which means he does the school pick up, sorts out their tea etc. I've been told that he could potentially go for full custody and take a large chunk of the house that I paid for. Could this happen?
Ksy31 07/03/2016 at 2:57 pm
Hi so on behalf of a friend her partners ex is being awful n is stopping him from seeing his 4 year old son yet again over something so stupid. He's on the birth certificate so where would he stand if he was to take the child from his mother due to her irresponsible bad behaviour towards him n in front of their son?
ChildSupportLaws Editor 04/03/2016 at 12:23 pm
If the father has the child currently in his care, it is understandable the mother will want to apply to have access or contact to her daughter and may have applied for an emergency contact order through the courts (you don't say whether your son-in-law has denied access). I can only suggest he seeks legal advice - but it is important that he turns up in court if requested to do so.
ChildSupportLaws Editor 04/03/2016 at 10:45 am
If you want the security of your daughter being able to officially reside with you, then one option would be to apply for a Child Arrangement Order, as specified in the article. You can see more whichI hope this helps.
Hoover 03/03/2016 at 4:15 pm
My Son in law has a daughter of four from a previous relationship. She visits every 2 weeks. She was with the family for half term week and due to go home to her mother (who lives with her Mother) on the Thursday but her Grandmother rang to say her daughter had moved out to live with a man she had not known long and he lived with his Stepfather who was a known paedophile who had been in prison and was on the sex offenders register. The childs Mother wanted her dropped off in a car park and refused to give the address of where she was taking her. My son in law contacted the CAB whose solicitor advised him to call the social services and the police and inform them he was not taking the child back as he considered this would be putting her in danger. My son in law has joint custody of his daughter and has done nothing wrong. Today he received a call from a judge who wanted his home address to serve him papers for a court case which is scheduled for next wednesday, what should we do
jed 03/03/2016 at 12:53 pm
i have returned from thailand, with my daughter. she is 4 years old her mother left us in thailand when she was 20 months old.
we stayed on , waited nearly two years , not much contact. and she said she should live with me.
we returned , with a letter from her mother stating she was happy for my daughter to grow with me, and travel where and when we want. december 2015.
15 months now. i send photos and inform her mother of how she is. school, health etc.

the thing i want to know is , is that enough, or do i need to go to court to have this finished off. custody wise. bit confused , and will it bring me problems in the future.
all birth certificates , with parents names are present.
she has been registered as a british overseas national. and has her passport etc.

be nice to know if anyone has been in this same area. regards jed.
DB 03/03/2016 at 12:11 pm
I have recently had a letter saying that I owe the csa/secretary of state £4000. This was due to my partner leaving as per the dates below.
I initially had a letter in 2008/9 saying this and I challenged it with the information below and it was written off.

Reconcilations (her moving back in with my child were attempted on numerous occasions). I was not aware during these periods that she had continued to claim money from the state. Approximate dates are as follows:

Left: January 2006 Came back December 2006
Left: July 2007 Came back August 2007
Left: September 2007 Came back November/December 2007
Left July 2008 permanently- My landlord maybe able to corroborate this as he installed a new bathroom in January 2008.

As you can see there was a significant period of time that my ex and child were living back with me. I always made sure that she had nice clothes and that she and the child were well fed so I was always providing.

Also it might be advisable to note that the amount that I initially was supposed to pay was based on only having my child once a fortnight over night for two nights however this soon became every weekend for two nights plus a good number of nights during school holidays when I was not at work. In fact during July-August 2007, he spent most of the summer holiday with me.

In addition my ex signed a letter recently confirming that I had always provided since the day she left yet the CSA are still hounding me. Despite the fact I have never given her any problems in terms of payments etc and she has always had an amount that she felt fair.
Based on this and the fact that the CSA wrote the money off do I have a strong case? This is making me ill to the point I am just about coping with my job.
ChildSupportLaws Editor 03/03/2016 at 10:38 am
Do you mean that you wish to stop your ex from seeing your children? It is very difficult to remove a parent from their childrens' life as the courts have the view that every parent should have contact with their children, unless it deems it is not in their child's best interests to do so. If your ex is being irresponsible, and you are unhappy about his parenting, then you should in the first instance seek Mediation in order to resolve these issues, if you can't resolve them between yourselves. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, Contact Orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. I hope this helps.
NELYO 03/03/2016 at 8:09 am
hello I have 2 nephews .As per our court order the custody is with mother and on weekends kids go to his father.Now situation is really bad for kids as his father abuses him and teaches bad things about his mother.Kids are really anixous and fearful ,they are going through too much of psychological trauma.
Kids have also spoke to her mom that daddy teaches them wrong thing and shows knife as well.

How to fight so that custody remains with mother forever?.What kind of evidence will be needed to court and how shall we take this step so that children and mother both are safe?.

Waiting for response soon.
ChildSupportLaws Editor 02/03/2016 at 2:44 pm
Please see the CAB link: Ending a relationship when you're living together, here which will tell you all you need to know. If your nephew stays in the house and his partner takes the children, then he will be liable to pay bedroom tax (if applicable) if he is not the primary carer. If they can come to an amicable agreement between them, then all the better - this is where the process of Mediation can help.
star 02/03/2016 at 11:49 am
I wondered under what circumstances would the courts consider sole custody. I have 3 children. He doesn't really Co parent with me, doesn't help or anything. If am incident happens where I'll need help he will not as it's not "his time". He says manipulative things to them and encourages bad behaviour at my house. He has also left 1 of them hoe alone and although j spoke to a solicitor regarding this they advised me as it isn't illegal just irresponsible . The child left ho.ho.e alone was 8!. I worry about them there as I know they're not getting baths etc he's just nit very good.
ChildSupportLaws Editor 02/03/2016 at 11:36 am
It is highly unlikey that a court would remove your children from you and hand them to the non-resident parent with no good reason. The court will always rule what is in a child's best interest and its most important objective is to make sure the child has a consistent upbringing.
ChildSupportLaws Editor 02/03/2016 at 10:46 am
I don't think you have much to worry about. The courts would never remove a child from a stable home and hand him/her over to a non-resident parent who has had little to do with their child and has no fixed abode.
Michelle 02/03/2016 at 8:57 am
Hi. My nephew and his partner have two children under 4. My nephew is on long term sick and they live together in a joint tenancy council house. His partner has instigated the split and has told him she is going to leave with the children. Because the house is in joint names and the children with their mother if he has to leave the house he will be homeless as there is a 13 month waiting list for single occupancy places. I firstly want to ask if joint residency is given will he be allowed to keep the house as the children will need a room to sleep in? Secondly he went to a solicitor for advice and he was told as possession is 9 tenths of the law he should move out with the children before she does so he will have the girls until the custody settlement. He hasn't done anything to instigate the split, she has said she is young and wants to have fun whilst she still can. Was the solicitor right to say this? Will it be frowned upon in the courts even though she is planning to do the same? The long term sick doesn't affect his ability to parent. She currently leaves the children with him every day whilst she goes out.
Some advice as soon as possible would be greatly appreciated. Many thanks.
H 01/03/2016 at 2:38 pm
Hi I have 10 children 3 are now adults n have lives of there own...me n my husband are going through a messy complicated divorce on grounds of 2 year separation...I have always looked after the children full time even when we separated n I was made to leave the family home I went up 7 days a week n looked after my children. Over the past 2 years we have tried different living arrangements for the children we did one week about but I still went up n looked after my children when they were spending the week with their dad. Over the last 2 years I have made home with a new partner n just over a year ago the 5 younger ones came n lived with me permanently because their father wasn't looking after them properly he couldn't cope with all of them!..Now my husband has found himself a new partner she doesn't live with him though he is filing for divorce but now he wants the children again week about...he is a farmer n has always worked 7 days a week n I only live 5 minutes down the road from him...is it possible he could take my 5 younger children from me.
ChildSupportLaws Editor 01/03/2016 at 10:39 am
It is highly unlikely a court of law would remove your son from you unless it was absolutely necessary and there was a very good reason. The courts objective is to ensure what is in the best interests of your child, and removing him from the stability of one parent to another for no reason, isn't. If your ex applies to the court, the court will suggest Mediation first in order to see if you can resolve any issues between you. However, you do not have to attend, or if you do, you can put your points across that you are being fair. Please see link: Mediation: What is it and is it For Me? here. I hope this helps.
natty 01/03/2016 at 10:07 am
I am looking for a bit of advice really my son is 5 months old and me and his dad have just split up his dad hasn't helped me with my son since he has been born as he has always put mates first he is unemployed and refuses to look for a job and he is sofa surfing at people houses I understand he has right like me but he wants to take me to court for custody and I'm not sure were I stand as my son is living with me in a stable home I work and have got loads of support but the problem is also he's been taking drugs which I didn't find out long ago I'm worried and upset I love my little boy
HN 29/02/2016 at 9:45 am
Hi there, I am 19 years old and my son will be 1 next month. Me and his dad have been broken up since the start of October 2015, We both work Monday - Friday 9am-5pm and I allow his dad to come to my home after work every Tuesday, Thursday and he gets a day at the weekend (usually Sundays) with him to take him to his mums or wherever he likes. Recently he has been saying this is not enough and wants to take me to court to get custody of him, I was just wondering if he did take me to court what he would get as I have previously been told he would not even get as much as he gets just now as I have done everything for my son from day 1, I don't allow his family to have my son on their own as they are not stable so he recently went behind my back with that too. Any advice would be much appreciated as I could not cope losing out on any more days with my son, he is too young and needs his mum. I think I am being more than fair with his dad but he wants too much as says he will make sure to get more than 3 days a week which will be more than I will have.

Thanks in advance for any advice.
ChildSupportLaws Editor 24/02/2016 at 9:58 am
This is difficult to answer as there are obviously two sides to every story (which Cafcass will try to interpret) and no definitive answer to either of your questions. If you have a family-based child maintenance agreement, then you agree finances between yourselves, so if your ex feels he has cared for your children's day-to-day needs one week, then you both have the room and freedom to negotiate finances. However, if the child maintenance comes via the CSA/CMS, then the days your ex has the children are averaged out over the year and his payment assessed accordingly. In this case, regardless of whether he feels this is unfair, he shouldn't withdraw the payment and you may be able to claim arrears. With regards to the holiday; a court is not in the slightest bit interested in the arguments between you and your ex, its main concern is the children, and what it thinks is in the children's best interests. The courts discourage parents who use their children as a weapon, so the reasons behind why you have decided to withdraw the right for your children's holiday will be assessed. The courts main objective is for parents to share the upbringing of their children in the most amicable and fair way possible and where this does not happen, the courts will make these decisions on your behalf.
Brwyn 23/02/2016 at 1:58 am
Hi, my ex is fighting me for custody of my kids. We have a court date set for next month. Last night he informed me that he will be taking a week's maintenance out of my child maintenance as he had my kids for a 5 nights. He is living with his parents and has said that it will be going to his mom because of the extra food and petrol to get my daughter to school.
Can he do this?
Plus, his parents want to take my kids away over Easter. I had originally agreed to this but would now like to change my mind. If I say no, will it affect my court hearing?
Rach 20/02/2016 at 11:46 am
Hi all
After extensive searching on the net I can't seem to find the answers I am looking for and I'm hoping someone can offer advice please. My partner and I have been living together for 2 years. I have 2 teenagers and a 9 year old and he has a 9 & 10 year old who currently do not live with us. My step kids mother is very unstable right now. I work in mental health and I'm sure she suffers with a mental disorder because she is very highly strung. She is currently 6 months pregnant with a guy she has been with for 10 months. My partners relationship with his ex has always been volatile however since the boyfriend moved in it has has been a nightmare. The kids were making accusations saying he hit them, she has been kicking her 10 year old out of her house (to our home) for a month at a time because of her bad behaviour. She talks to them like absolute crap and her own kids don't like her. Recently she had a incident where her and her bf got into an argument and it ended up with him assaulting my step daughter. He's now got an injunction oagainst him but her mother is still seeing him and now saying it wasn't his fault but my step daughters. The police are involved and because my step daughter recorded some of it on her mobile phone are investigating. Also social services are now involved. My partners ex wants to hand over custody to my partner of step daughter. Saying that she can't cope and that's what step daughter wants. Basically I feel that she is choosing her boyfriend over her own daughter. Social services aren't keen on step daughter being moved (we live miles away and it would mean changing her school etc.) Step daughters mother has been saying to social services that step daughter is unbalanced, really badly behaved. Basically pushing the blame onto a 10 year old. We have been told that to change custody we just have to get her to sign a form from the court and submit it? Is this correct? If this happens then would her mother be able to take her back again? We have had this same scenario multiple times now. Step daughter has clearly said that she won't live in the house if mums boyfriend comes back so it seems that her mother is getting rid of her in favour of him? I personally don't think this is the right thing to do for her - wrenching her out of her family home - but if he eventually comes back it's still going to be the same. The kids are constantly distressed. We just don't know what to do for the best. And what my partners rights are.
Louis 20/02/2016 at 9:52 am
I am turning 16 this year in March. My mum currently has a Single Custody order for me and my brother since 2009. I believe she also has a restraining order for her self for safety.
This is all against my dad who domestically abused her for 12 years. For age 4 to 8 I was also abused by him.
I am worried about this because last year I was diagnosed with PTSD.

Now that I am getting older me and my family are concerned to when the Single Order will end? This would mean my dad could see me. I don't want this as he also broke the order in 2012 when we started stalking us and I believe he is doing it again currently through a third party.

What is the best way to avoid him ever being allowed contact?
mbduce 19/02/2016 at 4:28 pm
my sister recently lost custody of her children she had been refusing access for the father to see the kids so the courts decided after giving her a few times to allow access for the father and in the end the court gave him custody. if it is possible for her to regain custody of her children what would she need to do ?
ChildSupportLaws Editor 17/02/2016 at 12:33 pm
This is a very difficult situation to advise on as I couldn't advise any parent to go against the other's wishes as of the repercussions that may ensue. If you can't agree between you, then you could suggest Mediation in an attempt to resolve the issue.
laur 16/02/2016 at 8:31 pm
My stepson who is 9,has been offered a trial at everyone with scouts from all the premiership team. This is an amazing opportunity and he is reAlly excited. Except it is his mins night and she says he can't go. What are the implications if we take him away for the and to the trials. She won't agree but she can claim NFL extra time at the weekend if she wants. Thanks
ChildSupportLaws Editor 16/02/2016 at 12:44 pm
I'm a bit confused regarding who has adopted your child. Is it the non-biological father? Is the mother still the primary carer for your child? I can only suggest you give the Family Rights Group a call and ask for some advice and what your rights are via the link: here. I hope this helps.
ChildSupportLaws Editor 16/02/2016 at 12:34 pm
Unfortunately, due to the differences in laws we cannot advise on family law issues in your country.
paolo 16/02/2016 at 2:23 am
I recently got a message regarding the adoption of a 5 year old boy that has been confirmed as mine.
The mother contacted me when pregnant but there was another guy that could have been the father.
2 years ago she had a DNA test with the other guy which came back negative.
So I'm the biological father and I want to be involved but I don't think that's what the mother or her partner want as they probably thought I wouldn't want to know and just agree.
I'm willing to do what ever they want and I'm trying to be as reassuring as I can as I don't want to go through the courts. This is something I wont drop as I want to know my child. I'd like to know the best way to approach this situation.
Also if i went to court how much of a chance id have. I have a good job, I've not been in trouble with the law and I live in a good environment
MrW 16/02/2016 at 1:12 am
My ex partner attacked me with a scissors and wrecked the house, she was throwing items and 19 month old baby was struck on face. Me and my son are citizens of uk, but we live in Azerbaijan with my work. I have removed the mother from house and refuse her access to baby, as she is violent and cannot be trusted. She also has a problem with alchahol. Currently I can return to uk, however I am told that my son residency would be seen as Azerbaijan and he would be returned here. My son has a visa for Azerbaijan and it is linked to mine, so when my work will end how can I move my child. I have started court proceedings in Azerbaijan, but already the police have asked for bribes. My son and my case will not be given a fair trial. Can anyone help!!
ChildSupportLaws Editor 15/02/2016 at 12:37 pm
It depends on how long your son has been living away from you and whether the courts thinks it is in your son's best interests to leave him where he is.
In making a residence order, the court will consider a number of issues: such as what the child wants, although the court does not have to act on the child’s wishes, they must take it into account, the child’s emotional, educational and physical needs and the likely effect on any change in the child’s life. It will consider The child’s sex, age and background, as well as anything else that the court deems relevant in respect of the child including any harm that the child has suffered or any risk of harm. In addition it will try to determine the capability of each parent or other person of meeting the child’s needs which includes work commitments of the person applying for the residence order, and whether their routine is conductive to caring for the child. It will also consider the domestic routine of the child up until the present time. I hope this helps.
kacey 14/02/2016 at 2:09 pm
I let the father to my child have custody as I was in a real bad place. And had nowhere to live. My child's father won't let me see my son.. I have stability and my other son living with me. Would I stand a chance with getting my son back full time ?
lyn 13/02/2016 at 9:41 am
hi
my is spilt from ex - they are sharing custody at the moment - however she is moving back to be closer to her family as we give her the support she needs - they nearest family is in Scotland. The is going along at present with the plan and he says he will sell his house and move as well. (The house he brought after there child was born) The nursery has been sorted as well. He does however have the means to retire my daughter has to work - he keeps threatening to retire and go for full custody of the children (they are both under 5) He pays for the nursery fees at present my daughter contributes £200 towards. she receives no other money from him then that. she is in rented property. Can he go for full custody and move to his family so far away?
Gummy 12/02/2016 at 10:01 pm
Hi
I have a 7 year old daughter whom stays with her dad half the wk then the other half with me,it's been like this since we split 5 years ago, her dad has since got a new partner and have been together for little over 2 years, Iv had nothing but complaints from my daughter about how his partner treats her and how she never gets to see her dad as he's always out, recently Iv been made aware he is due to attend court for attacking someone in a night out and the citing had to have his face pinned! My daughter always says every time she's back with me and my husband to which we now have a daughter together also that she wants to stay with us and not her dad! They have recently had a baby and my daughter is feeling very upset and emotional lately! I'd love to have my daughter full and always have,I thought shared residency would be best for her but I try wkly want her to be with me full time and stop her upset, how would I stand if I took it to court and applied for full residency??
ChildSupportLaws Editor 12/02/2016 at 2:23 pm
If your ex can give good reason why he wishes for the routine to be changed, then he may have a case to argue i.e changes in work commitments etc, but this is usually to change specific days. Of course, the court would have to consider his application, but there is no guarantee he would be awarded shared-care if you disagreed. Unfortunately, it is impossible to predict how a court may decide - but your solicitor has given you sound advice. Another option would be to consider Mediation, however, Mediation is best considered if you wish to resolve the situation by way of compromise.
ChildSupportLaws Editor 12/02/2016 at 9:49 am
I'm afraid I cannot answer this question if it is already in the hands of the Social Services. However, in general terms I do not imagine this would be more than a minor issue.
rachel 12/02/2016 at 12:50 am
Hi, I have been divorced now for the last 2 years and separated for 3 and half... Me and my ex have a 4year old. We have always had a fortnightly routine where for example week one my ex will have him for two nights a week and then on week two my ex will have him three nights a week. Just recently my ex has started writing formal letters demanding to change the routine to better suit himself, I am now 8months pregnant and myself and my child now live with my new partner which is why this has now started to happen. I have already seen a solicitor who advised to tell my ex to take the matter to court as they will not change any routine unless it in the best interest of the child. However I am worried that this may not be the case and he may get his way, which will obviously devastate myself and up route my sons whole routine which has been in place since he was 1 and half. He has no real reason to want these changes its simply because he's now decided he wants as he calls it full joint custody. Please could you advise as to whether this would actually get taken seriously if it went to court as I don't know much about the laws surrounding it. Thanks
ChildSupportLaws Editor 11/02/2016 at 2:50 pm
It is very rare that the courts will take a child from the resident-parent and hand her over to the non-resident parent unless absolutely necessary. The court objective is to ensure your child has a stable upbringing with the least amount of change and distress as possible. If your ex is not paying towards your child, then you can claim via the CMS here. I hope this helps.
maz 11/02/2016 at 10:38 am
my son is waiting to hear if his child can be placed with him. It was all going well until lately Can social services stop a child from being placed with a parent if there partener suffers with low anxiety problems They are in a stable relationship and have a second child of 8 months His partner is commited to the child being placed with them She is a great mum to her baby so I see no problem
ChildSupportLaws Editor 10/02/2016 at 11:45 am
Proving your ex is not a 'fit' mother can only be proved through fact and not supposition. Otherwise this can lead to false accusations, which would be treading on dangerous ground. With regards to child custody, the court will consider a number of issues including the child’s emotional, educational and physical needs, the likely effect on any change in the child’s life, the capability of each parent or other person of meeting the child’s needs etc. However, it is rare that the courts will take a child from one parent and hand it over to another unless absolutely necessary. I cannot advise regarding the financial terms of your divorce, except to say you may wish to consider suggesting Mediation to your ex as a way of resolving your financial, divorce and childcare arrangements as this is a lot less expensive than taking it to court.
morden society 09/02/2016 at 5:46 pm
Hi im having the mis fortune of having to go though a divorce. There is child of 16 months who is caught up in the middle. the ex just up and left and said she was spending a couple of weeks at her mums then arrived the divorce papers. v tried to be reasonable about the divorce and talking about child custody and maintenance. But given the way she is acting looks like its going to court. She as also asked that I pay for part of her legal fees which I don't think is on esp since she decided to employ someone who charges in excess of £400 an hour. she has been trying to make up other stores about how she was the sole carer when she clearly wasn't. She has also started working part time saying she needs to look after the little guy. Now I work full time but I have an employer who is very supportive with regards to hours and arrangements. she just been casual labour for a long period of time and we were married less then 5 years. Now can I go for residency as a father and will I get it?. My son is in no way attached to her and more to me even though I only currently get to see him twice a month which is ringing alarm bells telling me there is an issue with here. I have always thought she has undiagnosed mental issues but not sure how to prove this. Any advice from anyone about getting residency, making sure she pays her own way (she filed for divorce and I agreed to get rid of her quicker), and also on how I can prove she is not a fit mother
ChildSupportLaws Editor 08/02/2016 at 2:01 pm
I am sorry to hear this. Have you thought of asking your ex directly whether you could take more care of your daughter in order to make sure she attends school etc? This would perhaps be the best idea in the first instance. If your ex refuses then you could suggest she attends Mediation in order to try and resolve the matter. If your ex refuses Mediation or the agreement is not what you wish for, your next option would be court (if you apply to any court it will expect that you have at least considered mediation before it will allow you to apply). If you don't want to pay the hefty legal bills of a court case, or wish to put your own points across, then you can self-litigate, Also, the Bar Council has a very informative guide here. Many fathers are taking this route with a good amount of success. You have a good case for court, given that the school and social workers have been involved and you are also very much involved in your child's life. I hope this helps.
ChildSupportLaws Editor 08/02/2016 at 9:51 am
I am sorry to hear this. I'm afraid we cannot predict what decision the court may make as the decision will be based upon the circumstances surrounding your case and the evidence collated, not just from your ex (as it wont be based upon his word alone), but other people involved also, including friends, family, social workers medical professionals etc.
Zippy 07/02/2016 at 8:52 pm
Hello
I'm a separated Dad,
I have a daughter, she's 7
I have been separated from her Mother for almost 6 years
I see her every weekend and have a court order allowing me to see her every Sunday but generally her mother allows me to see her all weekend as it suits her,
Since my daughter started at primary school I've been concerned about her general upkeep, I know that her mother cares for her but as far as her routine, upkeep sleep pattern and diet, it shall we say inadequate,
My daughters health and her schooling is suffering badly,
I've raised it with her mother repeatedly also the school that my daughter attends has, we've had various meetings down at the school and I've delicately approached the matter my self with her mother, to which there is no change!
Her absence is worse than ever and she is falling behind.
Reluctantly both me and my daughters school have contacted social services and they have appointed a social worker,
But having just had my daughter today,
My daughter told me she has had yet another week of school!!
It's clear that nothing is going to change!!
I am now considering applying for custody of her, as I feel I will be able to bring her up better and with the structure and routine she needs, I am on her birth certificate and I have my own house with her own room, with several good schools in close proximity, I have a close family living near to me and can easily afford to work part time to accomodate my daughters needs,
How do I apply to the courts with out setting of into to shark pit of family solicitors as I have absolutely no faith in the numerous solicitors I have booked appointments with!!
This is a clear appeal for help to bring my daughter up in a better environment, I don't want spin doctors to manipulate my situation in order to make money
shuv 07/02/2016 at 8:43 pm
NEED HELP MY CHILDRENS FATHER AS NOT ASKED FOR KIDS IN 8 WEEKS SENT A TXT OR CALLED THEM .HAVE NEVER PLACED FOUND DOWN OR HAD HIM REMOVED FROM DOOR.HE IS NOW SAYING HE WILL GO TOO COURTWHEN I DO WANT KIDS TOO SEE HIM .JUST THINK HE NEEDS TOO BE A DAD AN NOT TAKE OUT ON KIDS WHEN WE DONT AGREE.TWICE HE AS DONE THIS IN 3 YEARS ITS UNFAIR AS KIDS LOVE HIM HE WONT ANSWER THEM OFF MY DAUGHTERS PHONE BUT CALLS ME NAMES ITS SAD.HE ALSO OWES CHILDREN 500 POUND MAINTENCE.AN MY RENT IS IN TROUBLE .HE AS 15 K SAVINGS IN HIGH INTREST ACCOUNT I HAD TOO PACK WORK IN TOO TAKE CARE OF THE KIDS WHEN HE LEFT US.
?? 07/02/2016 at 12:09 am
Hi, I'm a situation where I was in a violent volitile relationship, my ex is trying to get full custody of my 7 month son. He has been to social and he has taken him off me through telling lies, as a result of this I'm not aloud in or near my home or my son. What are the chances that he will get full custody as I deeply believe that my son belongs with me. Can anyone help me with any form of advice, It would be greatly appreciated. Thank you
Mick 06/02/2016 at 9:04 pm
Hi there. I split from my partner a few weeks ago. We weren't married but his name is on the birth certificate. The reason we split was because he was not interested in his daughter. She is 8 months old. I have been looking after and paying for my daughter with the little money I recieved on benefits. He has a full time job and never once gave me a pennie towards his daughter. He would only see her for an hour or most when he could be bothered to come visit her. He knows nothing about her, he can't even feed her. Now his parents are trying to take me to court to get partial custody of my daughter with his help. His parents have never liked me and since finding out I was pregnant they have been trying ways to get my daughter off me, as his mother for some reason wants my daughter. My daughter doesn't know them or him. He gets to see his daughter on his days off and his parents get to see her once a week. I really need help in understanding what would their chances be of getting my daughter? I couldn't cope if I would have to hand her over. It would break her wee heart. I'm terrified that they will finally succeed in getting her. Please help. Thank you
CVR 06/02/2016 at 3:01 pm
hi there, I need some advice in what I can do with this situation.
i have a auntie who is a drug addict, who had a baby, and shes about 3 now. when she gave birth, her child was up for adoption straight away as she's a drug addict. however my family wanted to take care of her, so they put themselves up. we had the worse social woker as she was doing everything to make her not stay with us as family. so then she got adopted and went to a another family and we cant see her until shes 18. this has affected my family as we don't know how she is and who she may be with and if shes doing well. i wanted to reopen the case and get her back into our harms as soon as possible as she is our blood and its not right for her to be with other people.
i don't know what to do and how to start but im going to do everything i can to get her back.
terry 05/02/2016 at 10:14 pm
I had a daughter with my ex and then she had 3 more kids with her husband who took drugs I think she was as well as she's just gone to prison for stealing her other two kids have been put in care but my daughter is with her boyfriends mum who without telling me gave parental gaidenship can I apply for full custody as I'm on the birth certificate
ChildSupportLaws Editor 05/02/2016 at 12:25 pm
I'm afraid this is impossible to predict. You could try to come to an agreement through Mediation first. Mediation is a voluntary process and its aim is to come to an agreement that suits you both. However, if you refuse to attend Mediation, or Mediation fails, then it would be your ex's choice whether to pursue the matter through the courts. If he takes this route then Cafcass would get involved. It’s their job to interview both parents in the case and any others who might be needed, which could mean social workers, medical professionals, or even relatives. From the interviews they conduct, the reporter will determine two things: whether there should be contact allowed, and, if so, how much. It’s a measure of how important the Cafcass recommendation is that the court will almost invariably adhere to it. I hope this helps.
Em 04/02/2016 at 8:41 pm
Hey there, I'm a mom of a 6 month old son, and I currently live with my mother who helps out with the costs and overall care of my son massively. My sons father is not on the birth certificate (despite being told when and where it was happening), hasn't paid a penny towards his upkeep, and has barely seem him. He is also currently homeless (living with a friend) and in an increadibly low paying job. He is throwing a bit of a hissy that I won't let him have him overnight or take him out to Birmingham City Centre (bear in mind I don't know who he's living with and he's very irresponsible), and is saying he is going to get a DNA test to prove it's his son and try and get the rights to take him out (I let him see him freely here), what could he get if he goes ahead?
ChildSupportLaws Editor 04/02/2016 at 3:08 pm
I am sorry to hear this. Protecting the future of one’s children, especially in the event that parents won’t be able to oversee their care personally, is a responsibility that every parent should take seriously. Without legal documents on file, parents take the chance that the court may award guardianship of their children to someone other than who they would themselves choose, so every parent should take the time to consider who they feel is best suited to raise their child/children. In your case you should confirm with the chosen person or people, and then seek the advice from an solicitor, who can help you to draw up the necessary paperwork. Once completed, the document should be kept in a safe location along with other important papers. I hope this helps.
ChildSupportLaws Editor 04/02/2016 at 2:41 pm
It is unlikely a court would take a children away from the resident parent unless absolutely necessary, especially if they have an established home and school life. It is always impossble to predict how these things may unfold by the time it gets to court. If you are afraid of your ex having your sons and not returning them, then you too can apply for a residency order, which will determine where your children will live.
mam of two 04/02/2016 at 12:13 pm
Hi, I currently have sole custody of my two children, 3 and 5, although not declared by law. Their father has them on Tuesdays and Thursdays after school and overnight for me to work night shifts and he has them every other weekend. I suffer from an illness that could potentially leave me in a terminal state and under those conditions, I would hate for my children to be full time with their dad, his partner and her child. This is because they never like staying there and feel pushed out... his partner won't look after my children for even an hour if their father needs to fix the car or whatnot, although she has her own child, because she "lacks confidence". Baring in mind that she's been actively involved in the children's life for over a year. Her own child is very segregated from mine. Ideally I'd like to give my share of the custody to my mother so that they have a positive, nurturing, female role model in their lives and they can keep up the same arrangement with their father. How feasible would that option be? Thank you.
Honey 03/02/2016 at 10:55 pm
I am a mother of 2 a 5 years old daughter and 6 months old son been married 5 years.

I have suffered physical,emotional and verbal abuse from my ex husband for many years but last year November I had to leave after he threatened to assault me I left with my son cos he won't let me go with my daughter he has been asking to see them but I don't feel comfortable leaving them with him.

He is now planning to take me to court claim full custody of my daughter and also filing for domestic violence towards me he has never had time for his kids always on his video game.
Can he win full custody I need my kids with me they are all I have.
ChildSupportLaws Editor 02/02/2016 at 11:02 am
This is always a tricky question to answer as quite often the 'money' is the placating deal in such an informal arrangement such as this. Once the possibility is aired, your ex could quickly retract this agreement, so this is something you would have to be prepared for. You don't say how old your son is, or whether you can prove he stays with you across the seven days, which may in court be your word against your ex's should you take it to court. Also, while you may be having him overnight, is it you or your ex who is providing meals, clothing etc and his financial day-to-day care? You could try tentitively mentioning to your ex that you need help financially while your son stays with you, and see what the response is. You could also suggest Mediation if you cannot agree between you. Court is always the last resort and if you do go ahead and apply for a residence order for your child, then it will cost in legal fees (unless you self-litigate). While my comments are not meant to put you off applying for residency, I am merely trying to prepare you for a few of the obstacles you may face. The courts are pushing for 50/50 shared parenting agreements, so this would stand in your favour.
Ben 01/02/2016 at 5:00 pm
Hi I split with my partner 4 years ago and have never missed a payment, I have also only missed 3 weekends of having him in 4 years but recently she has had another child with another man, she now has 3 kids middle one is mine, for the last 3 months she has been struggling so I have opted to take him full time, he still sees his mother after school for 3-4 hours a day then returns to mine after work (3pm) I haven't received and money of any sort, she seems to be happy with the arrangement but think this would change if I went full custody due to the money that she gets, what are the odds of gaining full custody in a few months as long as everything stays the same and sleeps at mine 7 days a week? Thanks
Burnt 30/01/2016 at 7:24 pm
I have been divorced from my ex husband of 3 years marriage since August 2015 we have a 4 year old son. It was agreed at the time after a mediation visit that we would try joint custody one week on one week off after following advice from the solicitor. This has always been difficult for me and my son however it is becoming increasingly difficult as my son returns to me unkept and unruly and he is beginning to ask why he has to go to both houses in turn.i really would like to have full custody of my son as I too find it very difficult to not have him with me, is there anything I can do? I feel as though I have no choice but to continue shared custody. Many thanks
Graham 23/01/2016 at 4:01 pm
Whilst I know my circumstances aren't half as bad as many I would really appreciate some advice.

I have a 5 year daughter, her mother and I split when she was 3. At the time her mother chose to leave the home as I own it and we weren't married, there was no dramatic affair, drink problems or drugs etc, just a relationship that didn't work and it was by mutual agreement even helping with the move and furniture etc. I thought it would be less impact to our daughter to let things settle quick and I agreed to pay the prescribed maintenance from the online calculator and I arranged to see my daughter as follows.

Monday - Mum drops her off at school, Grandad collects her and does tea/pjs, at 6pm I collect her from Grandads and drive her to her mums and mum puts her to bed
Tuesday - Mum drops her off at school, I then collect her and she stays with her dad until Thursday 6pm when I drop her off at her mums.
Friday - Mum drops her off at school, Grandad collects her and does tea/pjs, at 6pm I collect her from Grandads and drive her to her mums and mum puts her to bed
Saturday - With mum
Sunday - With mum

The following week is accounted for on paper as I have her 2 night per week and mum has her 5 nights per week. I'd like this to change to me having her 3 nights per week and mum 4 nights per week, my increase would come by my daughter staying at mine either the Monday night or the Thursday night.

I have suggested this and her mums immediate reaction was to say 'is this so you pay me less money' and then said no! - I've said I'm happy for the money side of things to remain the same as that not the reason for seeing her, its just for ...well...seeing her more and it would also give a little more time to spend on her homework.

Given that I have suggested it and got a 'NO' how can I go about making this happen with the least impact on my daughter?
Mich 22/01/2016 at 4:44 pm
I am a mother. My ex has custody of my son aged 11. A court order was put in place 8 years ago when I had issues with alcohol. This has not been an issue for over 5 years now and I want my child back. He has been living with me for 6 months since his father had a heart attack and needed time to recover. In this time I've had no benefits and it's really tough. I want to know my rights now. Shouldn't I get benefits and can't my son stay with me because he is happy here. His father doesn't agree
sn 22/01/2016 at 2:26 pm
Hiya i have two children my daughter is 17months and my son is 3 months they have different fathers and my daughters father has not bothered with my daughter i want to take him to court to sort out arrangements as i shouldn't have to.do everything alone he doesn't pay child maintenance and he works full time and has his son from a previous relationship every weekend. Can you please tell me what i need to do and how do i take him to court. Thanks
ChildSupportLaws Editor 22/01/2016 at 11:21 am
The courts will suggest mediation in order to sort out the problem before your ex can apply to the courts. The courts will not grant residency to a parent who is little involved with his child and only has limited contact.
sammy 21/01/2016 at 9:40 pm
My brother is 12 years old and doesn't want to live with his mum or dad we share the same mum but have different dad's his dad got custody because when he n our mum split up she got with someone who drank a lot n she started to his dad treats him horribly he drinks on a weekend he threatens him and treats him differantley to his brother iv had him and my other brother ages 13 every school holiday there has been for the past 5 years his dad also leaves him in the house on his own they come to me for advice and support they stay with me all the time the problem is his dad and I don't get along any more my brother turned up today crying saying he's not going back begging me if he could come live with me what do I do??
Lana 20/01/2016 at 10:04 am
Me and my partner seeing each other for last3 years and we are living together for last 18 months. Ive got daughter of 5 years old from previous relationship. The same as my parner got a 4.5 years old son from his previuos relationship. Both kids are going to the same school and even to the same class at school. I am working full time, so my daughter goes to brekafast and after school clubs during week ( exceot Friday, as i am pocking her up from school by my self). My parner is working 12hrs shifts, 2 days, 2 nights and after he is 4 days off. His ex letting us to see his son only once a week from 6pm to 6pm next day. Plus is depend on his shift pattern and if he is working duriong weekend, he can pick up his son from school one day and after he is taken him to school next morning, in this case is not even a 24hrs. He also picking him up after his day shift and having him before his night shift, which is makes him very tired for his night shift. We tried talk to her and ask to have more acsess. But she is denying anything and not going in to any conversation about us be able to have him more. Even with school holiday she thinks that one extra day is more then enought. We are at the point that we want to apply for joint custody, as is very stresfull and upseting for my partner not to be able to see his sone more. Could please help us and let us know if we as a couple got a good chance to get custody. As in my opinion we can provide everything for my parners son duriong week. As i coulld take him to brekafast club together with my daughter and after they can go to after school club. Plus my partner would be able to pick them both up from school or take them to school more often, as reason why he cant take my daughter or pick my daughter up from school, as his sopn getting upset if he ses his dad and he cant understand why his dad picking up his stepsister and he is not taken him too.

Thank you very much
Concerned Friend 18/01/2016 at 8:34 pm
Hi.

I have a friend who's married but is unhappy in the relationship, he's tried fixing it but it can't be fixed so he would like to leave. Every time he mentions leaving she says if he leaves she'll never let him see his daughter again. He's a loving father who has been there since day one and has provided for his daughter as best he can. He feels trapped. He's scared to loose his daughter. Please advice what can be done.
Helalk20 15/01/2016 at 10:27 pm
My wife and I have been living together for 19 years with our 2 children now 18 and 16.
I have straggled for the pat few years and still because I think I was just there to suit her purpose now she earns almost double of me and she is also 12 years younger than me therefore she thinks there are better choices for her out, which I have no problem with the marriage is dead long ago.
My question is: when child custody ends? she want me out of the flat which is Housing Association and both of our names on the tenancy agreement. she can get a mortgage to buy I'm 53 and with my salary is almost impossible in London.
Any advise please.
Many thnaks
ds1 15/01/2016 at 9:15 am
My ex and her fiance are alcoholics and do drugs, i earn a small wage as i have my 18yr old daughter at home because of mental health .i cant get her help as she has refused to leave her bedroom when her mum threw her out after she was awarded our home in court. I also have my eldest daughter living with me who is at Uni via a scholarship. I have to pay 39% of my low wage to my ex who spends it on drink and drugs whilst we are living in dire poverty because i cant get help for my daughter financially. We are in social housing , i also have my two youngest to stay for 160 days who reside with mum. I am disgusted at just how bias the courts and csa are towards woman ,unbelievable ! In the USA some states use a debit card for child support so the receiving parent cannot buy Drugs or drink etc . This needs to be implemented here ASAP , we paying parents should have peace of mind knowing our children are getting the benefit of our money !
ChildSupportLaws Editor 14/01/2016 at 1:40 pm
If the father has Parental Responsibility, then your niece has a legal right to ask for consent from her ex, therefore we could not advise otherwise. Her ex could apply for a Prohibited Steps Order if he wanted to try and stop her from taking the children to live elsewhere. Or apply to the courts, if she left without consent. However, it is highly unlikely your niece would at any point have the children taken from her, as it is rare a court will take children from one parent and give them to another unless absolutely necessary. I hope this helps.
concernedaunt 13/01/2016 at 6:58 pm
Hi my niece has separated from the father of her children for some time. He is a bully and threatens her constantly and she has started to record calls. She and the children aged 7 and 4 currently live in Belfast, if she was to move to Leeds could he stop her? He is on both childrens birth certificates. Would she have to tell him shes going? Could he by law force her to return to Belfast? He shows zero interest in the children and any action taken would purely be to spite her. There is currently no legal agreement regarding custody or access and she is terrified of trying to take it to court as he has told her he and his extended families will lie and ensure the kids are taken from her.
Lu 13/01/2016 at 1:34 am
My 11 year old went to school and said I battered her and starved her! I admit I did slap her backside (just a tap) after her outburst saying she wished I'd died instead of her father! She was 2 and doesn't even remember him! She wants to live with rich grandparents and get spoilt so I can't compete! My 15 year old is telling everyone she wants to come home but has lost all trust in social services as nobody has any answers. So frustrating! ??
ChildSupportLaws Editor 08/01/2016 at 1:02 pm
I'm afraid this is impossible to predict. Obviously the easiest way to sort this issue out is to either discuss shared-residency betwen them, or via mediation. Should it go to court then Cafcass will get involved to establish who should be considered the resident parent, if that is what your son wants. The building blocks of the Cafcass report are the interviews the reporters carry out. They talk to both parents, generally quite extensively. Since the report takes around 10 weeks to compile, a number of people are interviewed. In making a residence order, Cafcass and the court will consider a number of issues such as the childrens’s emotional, educational and physical needs, the likely effect on any change in the children’s life, the capability of each parent or other person of meeting the children’s needs. This includes work commitments of the person applying for the residence order, and whether their routine is conductive to caring for the children. Plus, the domestic routine of the children up until the present time. I hope this helps.
ChildSupportLaws Editor 08/01/2016 at 9:52 am
This is a tricky question to answer, as it is rare that a court will take a child from one parent and award care to another unless absolutely necessary. When making a residence order, the court will consider a number of issues, such as what your child wants, (although the court does not have to act on the child’s wishes, they must take it into account your child’s emotional, educational and physical needs), the likely effect on any change in her life, any harm your child has suffered or any risk of harm, the capability of each parent or other person of meeting your child’s needs. This includes work commitments of the person applying for the residence order, and whether their routine is conductive to caring for your child. Plus, the domestic routine of the child up until the present time. The court will have expected you to have tried to sort out any pressing issues via mediation first. I hope this helps.
KR 07/01/2016 at 7:40 pm
Our son has 3 boys aged 9 and twins aged 6 year. He received an email from his wife's solicitor informing him of divorce proceedings just before Christmas and whilst he was on active service on the other side of the world. Since both parties wish to have custody/residency of the children, can he reasonably delay matters until his return home in April, at which time they would be relocating from Europe to the UK.
His foreign wife is unemployed , without family in the UK and is currently seeking a single sex relationship either in the UK or elsewhere. He has always been responsible for supervising all matters relating to the children's education and attending to their homework right through to getting their breakfast in the morning whilst mum is still in bed. She has said that she wishes to rent a 2 bed flat to bring up the children whilst endeavouring to start a new business. Our son could offer a 4 bed military house with an au pair and the benefit of retired grandparents and uncle and aunt within a 60 mile radius.
Could you please estimate whether or not his future circumstances are likely to be more favourably considered than the children's birth mother?
Many thanks
Number1Dad 07/01/2016 at 5:13 am
Hi I split up with the mother of my child nearly 2 years ago when we split up I had a hunch that she cheated proved by eviedence that she had lied to me, anyway she had been living with her now ex boyfriend for the past year and they have now split up on extremely bad terms which included a lot of violence my daughter was staying with me at the time luckily but I believe the curimtances of them splitting up where simualr to mine (i.e belived she cheated again) now she is a great mum to our daughter and I can't fault her in that aspect but am I within my rights as a father to ask for full residentsy as I can't trust her actions whilst she is in realatiinships? Any advice would be helpful thank you
Somedad 01/01/2016 at 8:03 pm
Me and my girlfriend have grown apart over the last few months and it hit rock bottom lately. My 2 year old daughter idolises both of us and we are both brilliant parents to her. She is not allowing me to see her as she is using the child as a weapon. My ex has mental problems and is on medication for anxiety and bad thoughts. She also smokes cannabis and takes cocain. Her mother, grandmother and brother all have mental problems too and are violent and make threats to me and my family and we have proof. I'm lost without my daughter and desperate to see her. I'm thinking of making a court order for full custody. I'm an army veteran with no criminal record, what chance do I have of getting custody please?
monkey1968 01/01/2016 at 2:06 pm
My daughter has 2 young children, both under 2 years. She has some mental health issues, she and the children currently reside with us (her parents). We are supporting her with looking after the children. The dad has contact in a contact centre but the issue of custody is in court. There are issues of domestic abuse with the dad. My daughter will be housed soon but I don't know if she will manage both children full time. The children need a stable environment but we are concerned that the court will give the dad custody and are certain that he can't meet their needs. How can we best help my daughter and the children? My daughter is not easy to live with and finds it hard being at home too.
Kr 30/12/2015 at 1:05 am
Mysf and my ex husband split up 3 years ago. He wa in the army and I had to leave another country alone with them. Whilst we were together, he had a few affairs and I started gambling. I don't don't do this anymore ( other than maybe £10/£20 every now and then) he has no contact with out eldest daughter ( now 15) and hasn't for the best part of 2 and a half years) she now lives with my mum as she is studying for exams and understandably has had some issues with her father not wanting anything to do with her and we felt it was best to give her space at my mums ( ten minutes away although I see her every day) I also have. 7 year olds son and a 12 year old daughter with him. He has now said he wants our son to live with him as a son should love with his father and that he is concerned for him ( my current partner once grabbed his coat to bring him in the house when he was being naughty) my partner suffers from PTSD and is undergoing treatment and has never harmed the kids. My ex has said he only wants our son to live with him?? would the courts grant this? My ex has also mentioned getting soci services involved which I have no problem at all with. There is no abuse or neglect, Al the kids a are fed, schooled and watered. I work full time to provide as my part is unable to work due to ill health. I also have another child with my partner. I have brought all the children up from birth as my ex was serving his country as a soldier and they have spent most of their lives with me. Should I worry?
Katie P 28/12/2015 at 6:42 am
The father of my 4 month old daughter has recently moved back in with his ex girlfriend and there two sons. They have had years of custody battles and domestic violance with meant social services are constantly involved with them. My ex partner Wants to take my daughter out but I am worried for her welfare when she is around them. Can I stipulate where he can and can't take her?
Jillian b 27/12/2015 at 8:18 pm
Hi. Im in a situation where i think my partner may want me to leave. We have a 3 year old who, despite me working full time i do all the looking after and i love being a mum. My partner is saying he would not let me take him. How would this work? I know we could go to courts etc (i have no money for solicitors). But on the day of leaving...how could i take my boy with me?
lemon 26/12/2015 at 11:11 pm
Me and my partner has split up again and we share a daughter of 1.
We had a row and then he tells that he does not want to see our daughter at all over the xmas holidays ... personally I think it's to ruin my Christmas ... we always said we would never use the baby as a wepon but I feel this is what he is doing . So we haven't heard from him in 8 days and now today (boxing) day he is telling me he want to see his daughter that and that I need to stop playing games amd that I have a big shock coming my way! This is not the first time he has threatened me.since my daughter was born s.s were involved which we both battled and proved we are able parents and can be trusted to look after our daughter...I need help to put a schedule in place that he will adhere too because I cannot have her being let down when she is old enough to understand all this...what can I do without the interference of s.s ...how do I get a routine with him to have her on certain days etc
Please help
Missing Sophie 25/12/2015 at 6:39 pm
My 13 year old daughter suffers from oppositional defiance disorder and I recently suffered her leaving the family home as she was very aggressive and disrespectful towards all her family members at home. She also told the school that I was a pervert after I had to make her have a shower after several days of her refusal.

I tried disiplining her including grounding and removal of her tech equipment. After the last family row she went to stay at her fathers. I never wished for this to be a permanent situation. I see ked advise from police and they said if she is with family they will not interfere.

She has recently started dying her hair and wearing makeup fully supported by my parents and her father all of which I have fallen out with as they have done nothing but reinforcing her bad behaviour.

My mother tells her I'm s bad parent because I work full time and divorced her father. She said this to my partner in frobt of my children. He had to ask her to leave my home. She also tells her I have damaged her. My partner and I tried to move still local, but because of my mother's need to interfere in her daily life she filled my daughter full of negativity about the move and this escalated her bad behaviour. It was my mother who dyed her hair blonde against my wishes.

When Sophie visited our home she was unhappy that we had redecorated and changed the flooring. She purposely scratched the paintwork on the floor and walls. We also found scratches on the paintwork on the car. She then purposely stayed on the house phone upstairs away from the family talking to her father. We asked her to give us the phone she refused. My partner intervened when she started to get aggressive towards me when I tried to take the phone off her. He took the phone away from her she started swearing at him and accused him of scratching her face
There where no scratches on her face. The following day she came around my house . She had deep cuts on her face. My partner had not done this as it would have been apparent the night she left my home as blood rises immediately to the surface on impact and I had checked her face the night before . She told the school he did it and the police and social services were involved. We are too scared to have her back in my home as she pushes my limits constantly and my partner is scared of what she could accuse him to do next.

Our relationship with her father is very poor. He tells me I cannot see my daughter in my home or with my partner.

As punishment I have not given her her Christmas presents. My partner says for my son's sake and mine I should wait until my daughter has matured enough not to be a risk to our health and our home.

This is leaving me miserable as my partner tells me he can't live with us if she returns as he can't bare to see me suffer

In the past I used to lock myself in my bedroom at night when I could not cope with her aggression and abuse.

Please help I don't know what to do!@
Rosey 23/12/2015 at 7:48 pm
My daughter separated from her partner three months ago. He is demanding joint residency of their 20 month old child ie seven days living with him and then seven days living with her mother. Is this reasonable at such a young age? Over night stays with him were unsettling my grandaughter and my daughter stopped them taking place until she is older. He has access to her one full day each weekend and one evening during the week.
ChildSupportLaws Editor 23/12/2015 at 12:03 pm
I'm afraid we cannot predict what the court may decide. Whenever parents can’t agree over an application for a Contact Order, they become involved, compiling a report on the family, both parents and children. 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. They talk to both parents, generally quite extensively. From the interviews they conduct, the reporter will determine two things: whether there should be contact allowed, and, if so, how much. It’s a measure of how important the Cafcass recommendation is that the court will almost invariably adhere to it.
1984 22/12/2015 at 9:10 pm
Hi I'm a remarried mum of 2 (3rd on way). My eldest (6) is my ex-husbands who he hasn't seen since she was 18months old. He never petitioned my application for sole custody, so never had to go to court. He was very sporadic with contact, which I set up supervised as he had a temper. Prior to last year he was bad with csa payment kept cancelling. He's now demanding contact be reinstated without supervision. Can he do that will a court grant it. I don't want my daughter being messed about
ChildSupportLaws Editor 17/12/2015 at 2:27 pm
I understand your frustration and concern and while I cannot give specific advice regarding what to say, I can say it is very unusual that a court would uproot children from their resident-carer, and hand them over to the non-resident carer, unless absolutely necessary i.e there was concern over their welfare and Social Services have been involved. If your children are in a happy and stable environment, then this is what the courts are concerned about. It would not be in the children's best interests to move their home, school, family and friends and disrupt their established lives. I hope this helps.
Steph 16/12/2015 at 8:59 pm
Hello,
I am concerned about my soon to be ex-husband going to court over the custody of our children. At mediation it was agreed that the children would continue to live with me and he would see them at intervals (which he has since reduced) during the week/weekends. The children are 9 and 6. They have been living with me soley since July 2015 and we all moved out of the marital home, which we are attempting to sell, in August 2015. I have been a stay at home mum since their birth and am their primary carer. He has shown little interest in how they are and yet I suspect he is gearing up to fight custody of them. The children are really settled and complain that they don't want to go and stay with him before they go and also have recently said they didn't want to go ever again. It is really difficult because I feel that it is important that they have a relationship with their father. However, things are not easy for the children when they go. He lives 45 mins away and has not felt able to support the children going to clubs, or continue the agreed visits so distance is also an issue. I believe he will try and move closer but as yet has not done so. I live currently in rented accommodation in the village where they go to school and find it difficult to conceive that they would ever live anywhere else other than with me for the foreseeable future, especially as we are all so happy and settled here together and that they are not enjoying their weekends with him as things stand. Can you give me any words that would take my worries away? If he does apply for custody, would it be extremely unlikely that he would get it given the distance, his behaviour (which has to come into it and was the reason why I left the marriage), the fact that he works full-time and has not been caring for them as I have since birth. I am really stuggling with this as he and his family are the sort of people that would spoil for a fight when they believe, even incorrectly, that they are in the right. Please help. Thanks.
Reece 14/12/2015 at 4:16 pm
Hi my ex wife has just up and left and has stated that she would not be returning and has left the children with me. Can you please tell me where I stand and what I have to do and who I have to inform. Thanks
Murdock 14/12/2015 at 3:16 pm
Do i have to continue to pay CSA arrears to my ex wife who has emigrated to Canada with her husband. My adult sons are still living in the UK. Should my ex wife have informed the CSA if she has moved abroad?
Many thanks
ChildSupportLaws Editor 14/12/2015 at 10:37 am
I can only suggest he reads the article: When Your Ex-Partner Denies You Access, whichif your brother wants to gain access to his child. If he wishes to apply for residency, then he would have to go through the process laid out in the Child Custody Rights article. However, it is unusual that a child will be taken from one parent and given to another unless absolutely necessary and neglect etc would have to be proved.
ChildSupportLaws Editor 11/12/2015 at 11:01 am
He can arrange this through a family-based arrangement, through the likes of mediation or through the likes of LegalLawman herewho can draw up agreements. However, whether the housing authority will take this into consideration when allocating housing is another matter because of the bedroom tax and it is still viewing separated parents as having one main carer.
Prettyp123 10/12/2015 at 5:16 pm
My friend and his wife divorce amicably and have 6 children, no arrangements for custody were made as they decided to share the care. Legally does this mean he has automatic shared custody or would something need to be drawn up? I ask as the local housing authority will not grant him points allocation for having his children as they say he does not have custody! Thanks
Amzii 10/12/2015 at 9:50 am
My brothers ex has stopped him seeing his daughter since September for no apparent reason, other than she kept changing the days he could have her an he finally snapped an had ago. When they were together she held a knife to his throat, somthing he has no proof of. She strangled him again no proof. But she is saying she lives at her parents house yet she sleeps wherever she can I think with my NIECE. Her parents, friends, family, boyfriend wherever. Her parents house is a dose house for her an her brothers mates. She sat an told me at the weekend that her brother had sneaked a girl in to the house threw the night. She said he is always doing it an half the time none knows who they are! Bearing in mind there is an 11month old little girl living there my NIECE! Everyone an anyone walks in and out of that house day or night. Surly this isn't seen as a safe environment.
ChildSupportLaws Editor 09/12/2015 at 11:57 am
Unfortunately, there is little advice I can give here, as it would depend on mutual agreeement regarding who would care for the child if they were to separate. If they could not agree between them, then it may be up to the court to decide. Unfortunately, this is something we cannot predict. Some parents separate and have an amicable mutual arrangement that benefits both parents. Some wish to drag a case through the courts and let the court decide what terms of access each parent has. Therefore it depends upon the personaility of those involved and whether the separation would be amicable or not.
ChildSupportLaws Editor 08/12/2015 at 12:31 pm
If you wanted to push this, then it would either have to be sorted through mediation or the courts. While your daughter may be old enough to give an opinion to Cafcass and the courts where she would prefer to live, the courts will still aways decide what it thinks is in your daughter's best interests.
Allimac 08/12/2015 at 11:49 am
My cousin is in a very unhappy marriage, and wants to separate from his wife, but is terrified of losing his daughter.
My cousin has predominately brought up their daughter, as his wife who is a property solicitor with a high powered job London, returned to work within months of their daughter being born, so my cousin stayed at home as a house husband to look after her. The daughter is now 9 and the marriage is not working and my cousin would leave his wife if it was not for the fact he is terrier of loosing his daughter, who he's understandably very close to.
Can you help with advise please?
james74 07/12/2015 at 4:36 pm
my 15 year old daughter lives with her mum but wants to come and live with me, her mum has said she cannot move out until she is 16. can my daughter choose to live with me if her mum doesn`t agree?
ChildSupportLaws Editor 01/12/2015 at 11:23 am
This is a very tricky question to answer. Because of his job and the fact his wife is at home all day, there is a liklihood is that the mother would be allocated residency the children, unless what you say can be proved. However, at the same time this could prove difficult if her mental health issues, are as you say, as yet undiagnosed. The children's opinions are not likely to be considered because they will be considered too young to make a decision regarding where they would prefer to live. Plus, there is 'neglect' and 'neglect' and if the neglect is not acute, then this can also be difficult to prove i.e it's unlikely he would be granted access solely on the issues of neglect you have mentioned, which can easily be explained away. The main carer will also usually be granted the house in order to bring the children up in a stable environment. Your brother is in a difficult situation, it's not impossible, but the court could rule either way. If he wants to go ahead with this, I can only suggest he seeks legal advice.
Lizzie 30/11/2015 at 11:18 am
My brother currently lives with his wife and 2 daughters (aged 4 and 6). He works full time, with an hour commute to/from work, and his wife does not work. Unfortunately, his wife has undiagnosed mental issues (she stays in bed all day and is an emotional bully), as well as back pain which she says makes her unable to do anything. Whenever my brother is in the house, he looks after the children and does all housework, cooking, shopping etc. He has seen many signs of neglect of the children whilst he is at work - apparently the kids have been told to "help themselves from the fridge" when hungry, rather than having food made for them, and my brother has found his youngest with soiled, but dried, mess in her pants which clearly happened hours ago. He is desperate to take the girls away from the situation as they are not looked after properly, but his wife taunts him with saying she would be granted custody as she is the mother, and that she would get the house and never let him see the girls. How likely is he as their father to be granted custody (with help from a childminder for before/after school)? What would count as evidence of neglect that he could gather to support his cause? Would the courts listen to testimony from a child psychologist who interviewed the children (as it is highly likely the girls would prefer to live with their dad if given a choice and if they could understand the situation)? At the moment my brother is afraid to act as if he is thrown out of their lives and loses custody, he won't be there to protect his girls. If the mother does get custody, but there is a question over her suitability as a parent, would child welfare normally monitor the situation and potentially custody decisions be reversed at a later date?
Justamum 28/11/2015 at 6:11 pm
Can my ex win residency of our 8 year old child because when lawyer visited the house it was untidy and he made it out in report it was worse, the ex agreed before final hearing to weekend visits but changed his mind a few weeks before final date, Scotland
shaney 27/11/2015 at 5:16 pm
My ex has got residential order and I've messaged him loads of times if I'm having my boys and have nothing. So I made plans thinking I'm not having them and yet he tell me I'm having them after I've made plans and now he's saying if I don't see them he going to stop me but in court paper I can't stop can I take him to court for using the kids as a weapon
ChildSupportLaws Editor 26/11/2015 at 11:19 am
I'm afraid that would be for the courts to decide, if the mother did not want to give up caring for her children and this arrangement could not be agreed mutually. The courts will alsways decide what is in the best interests of the children and while the mother may have an eating disorder, if the children are in no way neglected, then there is no reason why the court would decide to remove the children from their mother.
lippy_lu 25/11/2015 at 9:02 pm
Can a father take full custody of kids because the mother has an eating disorder?
Rolsy 20/11/2015 at 10:52 pm
Can a Child of Six Years Be summoned to a Court-house, whilst a Custody case is going on.
Rolsy 20/11/2015 at 10:46 pm
Can a child be summoned to a Courts whilst there is a case between the child's father & deceased mother's parents. The child has been with the Grandparents from his birth. He is now 6-Years old.
Rolsy 20/11/2015 at 10:38 pm
Can a 6-year old Child be ordered to a Courts whilst there is a case for custody of the child by the Grandparents?
ChildSupportLaws Editor 17/11/2015 at 12:47 pm
If you and your ex can't agree between yourselves, then I can only suggest mediation. Please see link: Mediation: What is it and is it For Me? here. I hope this helps.
PJ 16/11/2015 at 8:29 pm
I currently have an informal agreement for when I see my son I have him every Monday and Tuesday night and every other weekend, but with work and family commitments it's hard to keep up to it so proposed a slightly different arrangement of every weekend Friday, Saturday and Sunday night's but my ex won't have any of it, would there be any way I could take this further as I believe it would not just benefit me but also my son.
ChildSupportLaws Editor 16/11/2015 at 11:59 am
Your only option would be to go through the courts and apply for residency. However, much depends on how long your daughter has been living with your ex and whether the courts will rule that it would be in the best interests of your daughter to be removed from your ex. It may be difficult, as the courts like consistency and stability for children, and are unlikely to remove your child from one parent to another without good reason. Therefore, I suggest you take legal advice.
leitch 15/11/2015 at 3:28 pm
I was going through a rough patch in my life I had given my daughter to her dad until I got myself back on my feet, and I have done that, my child's father is very controlling and is staring to brain wash my daughter she is 6 and he is controlling the situation about what I do with my daughter and when I can see her basically playing god,, I want my daughter back with me, I have asked him nicely and he will not hand her over.. He is on the birth certificate
ChildSupportLaws Editor 13/11/2015 at 11:33 am
The fact that every case is different, makes it impossible to have any real legal definition on how custody is agreed. As specified in the article, 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. At best the situation can be agreed between both parents through a family-based agreement regarding both access and financial support. Mediation can help when the parents can't agree on either or both of these matters, but would rather resolve the matter out of court, and court is where mediation has failed and there is no other way to resolve the dispute than letting a judge decide. I hope this answers your question.
Mary 12/11/2015 at 11:52 am
Is there any legal definition of how custody is agreed for young (9 years old0 children please?My understanding was that it is more 'normal' for the mother to have custody and for the father to have 'visiting' rights.by this I mean every other weekend or during perhaps school holidays.based upon the simple logic that its best I imagine for the child to have stability (same bed and so on)Please can you tell me basically as I say how custody is agreed uponThank you
Gaz Editor 12/11/2015 at 2:17 pm
@Josh - I think you have to deal with it when and if it arises and decide how you feel then. My ex dips in and out of my son's life too, but I just take it as it comes, I'm the one with custody, so I make the decisions that I feel are best for my son. I don't want to deprive her of seeing him but it upsets him when she leaves so you have to judge what effect it will have on him.
ChildSupportLaws Editor 11/11/2015 at 1:49 pm
Your ex doesn't have to tell you where she is living. However, if you have been denied access, and you can't apply through the courts for access because you don't know where your children are living, then you can apply via a C4 form which is an application for an order for disclosure of a child's whereabouts. However, this is only for access purposes and the court can still keep the information regarding the address confidential if your ex requests this.
ChildSupportLaws Editor 11/11/2015 at 11:44 am
I am sorry to hear this. If you do not know where your child is living you can apply through the courts for a C4 form which is an application for an order for disclosure of a child's whereabouts. You don't say why your ex has made this move without consulting you, especially when you had contact for a long period of time, However, if you have had contact regularly then the courts will look favourably upon this and hopefully attempt to re-instate access. Regardless of the fact you don't legitimately have PR, if you apply for PR through the courts it is unlikely it will be refused. Therefore I suggest you seek legal advice regarding how best to proceed.
Josh 11/11/2015 at 11:29 am
Hi thanks for reply yes I was giveing a resistance order for our son 2years ago I have never stopped contact she just never turned up but contact hours after she should of been here to arrange an time for the next visit but once again she was a no show but as she's our sons mum I've always thought one more chance but when do you stop the chances? I have to put our son 1st right
ChildSupportLaws Editor 11/11/2015 at 11:23 am
Kinship care, is a term that describes relatives or friends look after children who for various reasons cannot live with their parent/s. It generally encompasses people who may not be related to the child but who are close to the child and in the child’s social network and can include neighbours, or close family friends. Please see CAB link which should point you in the right direction so you can follow this up here.
ChildSupportLaws Editor 11/11/2015 at 10:03 am
Do you have a Residence Order? If so, it means the person with the order has ‘parental responsibility’ for the lifetime of the order, which usually lasts until the child turns 16. However, it is worth noting that, if you get a residence order, this does not give you carte blanche to make unilateral decisions in respect of your child’s upbringing. Both parents still have joint responsibility in determining how your child should be brought up. But it does mean the court will recognise you as the main carer and it is unusual if once granted through the courts, it would be revoked. Also, if no contact order was put in place, then it is up to you whether you allow your ex see your son. However, should she decide she wanted to have contact, she could take it back to court to apply for an access order and the courts would decide whether or not it was in the best interests of your child. I hope this helps.
Pawlo 10/11/2015 at 4:15 pm
Hi I divorce I have 3 children aged 9/11/13 witch life with my ex she moved them from the school and refused to till me where they school and house address witch she say is confidential !!! My question is there way I can now where my children school ?? And why the address is confidential?? All what I want is my right as father??or it's reality father don't have right in uk ??thanks
ChildSupportLaws Editor 10/11/2015 at 12:21 pm
A person would have to appoint legal guardians if they did not want their ex to have custody. The ex could still make a claim for custody, but the legal guardianship proviso in the will would make this more difficult to attain.
Styles p 10/11/2015 at 9:37 am
Ill try to keep this short. Im a man living and have always lived in London I have a child born in scotland in 2006 march. On paper I have no responsibility. Im on the birth certificate. After 2 months me and my then partner not married moved to london. We split after 2.5 years. She still lived in london near by. From the split I saw our child either 2 or 3 times in a single month on weekends. Im very involved in her education and upbringing and have a special bond with her. She is 9yrs old now meaning literally from birth she has lived in london. I must say she now within that time has two other children and that I also have one. Both my children have met each other. In june 2015 this year she left with our daughter to live in scotland without my knowledge or consent. Bear in mind I have no PR due to the fact that she was born in march and leglislation granting a man equal PR if not married and on the birth certificate changed in may 2006. I understand that that may be looked upon in court where due to my involvement PR can instantly be judged and given overuling whats on paper. Im a good dad. Ive tried mediation and that has failed. She didnt attend even though I arranged it in scotland. My daughter didnt get the chance to say bye to anyone in my family or her friends. Unfortunately her mother really has not thought about the impact this is having on our child and does not really understand which leads to simply not caring.Now im taking action. Contact with my daughter is minimal. I dont know where she is or what school she is in. So I ask what jurisdiction is my child in? Do I go to a court in england or scotland? Does where she was born mean that I have no rights? Even though she was raised by both of us for 9years? How will a judge look upon this. Just so you know im clean responsible not violent etc..
Beardydad 10/11/2015 at 8:50 am
Hi there my friend daughter has mental health problems and her boyfriend has been deported the social is now wanting to put the baby into care my friend the grandmother has applied for custody of the baby but they said no to health reasons and overcrowding. Would it be possible for me to apply for custody of the baby I'm a single gay man living on my own I've always wanting children and would be happy to care for the baby and obviously my friend and her daughter would be allowed to see the baby anytime but we live about 67 miles from each other in Scotland. Thanks
Josh 09/11/2015 at 11:11 pm
Hi I have a 4yr old son who as not seen his mum in 2years she's not made any effort to see our son & does not pay any child support I took our sons mum to court & I got a resistance order no contact was put in place by a judge as we had a good friendship an she was seeing our son one a month for the week end but after the 2nd visit things went quiet she had every excuse in the book as to why she could come our son still as separation angzaties if I leave him he still won't sleep in his own room but he use too our son as never mentioned his mum since she left but I fear one day she will just turn up and rip his world apart so I guess I'm just looking for some advice as to weather she still as rights seen as she's left it so long and not supporting him in anyway is there anything g I could get put in place to protect our son from further upset thanks I'm in uk any advice would be a great help
norfolkhawk 09/11/2015 at 5:05 pm
What is the position where a person from another country has two teenaged children from a previous marriage. She divorces her first husband, who has nothing more to do with the children, other than sending occasional, nominal, financial support.
She then remarries, and has two more children.
In UK law does the first husband have opportunity to claim any form of custodial rights over his two children - who have not lived with him for more than 10 years - in the event that his hie first wife , and her new husband, were to die and the two children were to survive. Or, put another way, if the lady makes a Will and appoints Guardians - in the event of her own and her husbands death, could the ex-husband make a claim for custody of his two children?
ChildSupportLaws Editor 09/11/2015 at 3:01 pm
Have you thought of discussing it directly with your ex? Your ex may have got to the point where she may welcome the suggestion, as living with a teenager can be hellish, and as much as she may love your daughter, she may need the respite. Alternatively, if you don't want to talk with her about the issue, you could suggest mediation. Please see link: Mediation: What is it and is it For Me? here. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, Contact Orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Your daughter's own opinion will be taken into consideration regarding where she wants to live also. However, this does not mean the court will agree to her preferences.
Mr T 08/11/2015 at 7:29 pm
I have a 15 year old daughter who resides mainly with Mum.
Over the last year, relations between the two of them has broken down to the extent that my daughter wants to move in with me which I would be happy with.
Knowing her mother and the pain & anguish which we all went through during separation and divorce I'm reluctant to start a legal battle which probably won't have any impact before she is 16 anyway.
Any ideas?
ChildSupportLaws Editor 06/11/2015 at 12:18 pm
In this case, mediation may be a good way to solve these issues. Please see link: Mediation: What is it and is it For Me? here. It means you can indirectly get all your points across to your ex and his family, especially regarding your ex sharing the care and the smoke-filled environment and hopefully come to a new agreement between yourselves. Of course, you can stop your ex seeing your child, but then you would have to be prepared for it to end up in court. Therefore, this is a good intermediate way of solving issues, that can't be solved between the parents themselves.
ChildSupportLaws Editor 06/11/2015 at 9:53 am
I am sorry to hear this. You don't say where you're from, but if you are living in the UK, then you do not have to give up your child if you leave your partner. Is your family supporting you? Could you take your daughter there? There are many options. If your ex is not listening, or will not discuss matters then you could try mediation. Please see link: Mediation: What is it and is it For Me? here which may help you decide whether your daughter lives with you, your ex, or whether to opt for shared-residency. I hope this helps.
ChildSupportLaws Editor 05/11/2015 at 11:01 am
If you are seeking custody of your child, the order that you will be seeking from the court is a ‘residence order’. However, I suggest you take some legal advice regarding whether this is required as you already have custody of your child and a residence order really just gives permission for the child to live with you. Also, it is worth noting that, if you obtain a residence order, this does not give you carte blanche to make unilateral decisions in respect of your child’s upbringing. If you ex has Parental Responsibility, then regardless of his situation, he still theoretically has joint responsibility in determining how your child should be brought up.
stephni 05/11/2015 at 10:36 am
Me and my ex split when our daughter was 1yr - we decided that I would have her Sunday Tues Thurs Fri - he would then have her the other nights. This has worked fine as he had a pub so the opening hours meant that I could work full time without the need of childcare. My child is now 8 and he now has a full time job - since getting the job I have had to use flexi time to take her to school every morning as he will not (even though he has her Mon and Weds night) he drops her off at my house before work so that I take her to school. I have also cut down one of my days so that I can pick her up from school 1 day a week. The other days her Grandparents pick her up ( not her dad) I lose over £100 a month to pick my child up on a day which her dad is meant to have her... he only has to pay £80 maintenance a month due to having her 3 nights a week (however these three nights are 6-7.30 then she is in bed) and half a day Saturday till 11am Sunday morning. His parents live in the pub with him and his mother smokes indoors- since been a baby I have begged for her to stop smoking without his support - it has come to the point where I have blown my top with it, I never wanted my child to breath in the smoke and I feel like a bad parent for letting it go on for so long. What do I do? I want to have my child at least 1 extra week so she is away from that environment- can I claim extra support from him so that he has to pay for after school club on the days that he has her?
ChildSupportLaws Editor 05/11/2015 at 9:47 am
I am sorry to hear your son has been caught up in a parental tug-of-war. If you can't afford legal fees, you can self-litigate. You are obviously not a 'dad', but currently as the non-resident parent, please see our Separated Dads page link: Legal Aid Withdrawal: How to Represent Yourself, here. This way you will be able to get your points across yourself. If you need help, you may also be able to enlist the help of a McKenzie Friend, please see link: Using a McKenzie Friend in Court, here. I hope this helps.
TB 05/11/2015 at 12:22 am
Ihave a 4 month old daughter, my partner has decided he no longer wants us to be together and due to a slight housing issue we live with his mother, he wants me out and wont let me take our daughter with me, i am originally from a different city and this means id have to go back and live wih family, he also wants ful custody of our miricale baby, i dont have the money to fight but id do anything for her and i just dont know where i stand the thought of being away from her kills me,
helpneeded 04/11/2015 at 11:17 am
I have a 4 year old daughter she used to have contact with her dad but for lots of reasons I decided it was best for her to see her dad in a contact centre when she was 2 it took him over a year to get his finger out and do something about it. Anyway it was set up for 1 hour every 2 weeks first time he turned up second time he was a no show so I decided not to put my daughter through that again. I haven't heard from him or his lawyer since. My daughter is doing great she is no longer insecure like she was when she was seeing him and she's a confident happy little girl which makes me feel I 100% made the right decision. I want it in writing I have full custody so he cant waltz back into her life in a couple of years time and start court proceedings or whatever but I'm not sure how the laws work in Scotland and how I'd go about it? hope someone can help?
flick 04/11/2015 at 12:59 am
Hi, I have a six year old son with my ex partner. my son has been living with me since birth, approximately about two years ago , my son went to stay in Ghana with my aunt due to the exorbitant cost of childcare and my not child friendly working hours this was with the agreement of his father.I moved to Ghana last year and i currently work there permanently. My son came to England in August this year with his paternal grandmother for a holiday , his dad went to pick him up for a day out and has rfefused to give him back since then, he has now taken me to court , accusing me of child abduction/ even though he went to visit our son in Ghana and now seeks to have a prohibited steps order taken out against me to ensure that i cannot travel outside of England with my son. I CAN'Tafford legal advice and im also not eligible for legal aid.i just dont know what to do
frustrated 24/10/2015 at 6:03 pm
My sister and her partner separated and agreed the days he would see the children. He repeatedly lets her down without any notice which is a big problem as the days he has the children are the days she works. Does she have any legal rights?
Sr33 24/10/2015 at 10:53 am
Hello, i am after some advice. I split from my ex when my son was 12 months old. He never bothered with my son when we were together and hasnt up until now he is 4 almost 5. I take my son to see him everyother weekend amd my son is very unhappy when he has the visit and foesnt want to go. My ex is now saying that he wants to have my son over night and see more of him. I have said that i have never stopped him but i wont force my son to do anything that make him unhappy. My ex is now saying hes taking me to court for full custody of my son. Can he do this?
JJ 23/10/2015 at 6:18 am
My Son is 4 months old, me and my ex partner broke up shortly before finding out she was pregnant. Since my Son was born, I have only been allowed to see him 2 hours a week, at her home, I am not allowed to take him on my own and she will not bring him to my home nor my Parents home. My Parents (my Son's Grandparents) have not seen my Son for over 12 weeks now as my ex doesn't want them to have any form of relationship with their Grandson. Therefore I have applied to go to Court after Mediation breaking down. I am on the Birth Certificate and have provided for my Son since before he was born, I give my ex £200 a month, not to mention I have bought plenty of items for my Son and also given her a further £1000. She simply is punishing me for not being with her by restricting me and my family from having a relationship with my Son. There has bern no harm or any voilence of any matter with regard to my ex and my Son. Although now she is making claims I have stated that I will kidnap my own Child. I feel she is doing this as a last resort. I am wondering what will the likely outcome be for a case like this in the eyes of the court? Will I get more than the 2 hours a week I get to see him now?
ChildSupportLaws Editor 19/10/2015 at 12:21 pm
Have you thought of trying mediation? Please see: Mediation: What is it and is it For Me? here. If your ex will not consent, you could apply through the courts. Given your son is now 13-years-old, his opinion about where he would like to live will be taken into consideration. CAFCASS will get involved, please see link: What Goes into the Cafcass Family Report? whichCafcass will write a recommendation to the courts, and from there it will be up to the courts to decide.
Damo 18/10/2015 at 7:17 pm
My 13yr old son lives with his other and hates it. He goes home every day from school wondering if his older brother will hit him again, if his mum will be soba and if he will get into trouble for things his siblings have done or not done. He has told her he doesn't want to live with her almost every day for over 3 months. He call me and his step mum in tears begging for us to pick him up and keep him with us. The problems are that his mum will not give up the money she gets for him from the government and CSA and I do not have parental rights due to his date of birth and his mums refusal to sign the papers. What should I do
libs 16/10/2015 at 11:59 pm
Hi any advice I split with ex 6 years ago and f first 2 years I fought through family courts for access of my daughter as ex stopped as soon as we split in courts o got parental responsibility and sadly a none contact order which was to be reviewed after 6 months but stupidly of me I found it to heartbreaking to write a letter once a month how I wish I didn't but now I feel the time is to late for me to try again is it to late or as a desperate father like me still got hope of seeing his daughter thanks for any help
worried mum of 3 16/10/2015 at 6:47 pm
Hello I'm in a situation where I divorced my ex husband back in 2013. I have the rights to custody on the divorce papers, Last year my children was brainwashed into going to live with him and his partner for the money shall I say. My problem is he wants to move them over thirty miles away from me. I don't know what I would be able to do, my children are aged 11,09 and 07.
Heartbroken 16/10/2015 at 9:29 am
My almost 14 year old niece is desperately unhappy...she is not eating...self harming...has a social worker and goes to counselling. She currently lives with her father who is a bully and controls every move she trys to make. Her mother (my sister) died two years ago and her father introduced a girl friend 6 weeks after we buried my sister and married her within a year of her mum passing away. My niece does not get along with her step mother and has been moved miles away from us. She has asked if she can live with me. I have no idea what to do...she called me last night from a landline as her father wont give her mobile phone to her telling me she was going to cut herself with a razor. I am heartbroken and have no idea what to do. I just want her to feel secure, safe and happy. She hates herself. She was raised in our home and looks upon my boys as her brothers. I am desperate and dont know what to do to try and help her. I am scared for her. What do I do to try and help her?
sayra 14/10/2015 at 4:27 pm
How old does a child have to be to decide themselves wether or not they want to go and live with the other parent?
ShaunD 12/10/2015 at 4:24 pm
Hi
I am after advice, it now looks like I am going to have to split from my wife of 15 years, the reason for the split is her continued infidelity and refusal to stop chasing one man in particular, she had an affair 3 years ago and it stopped after I found out. She has continued contact over the last 3 years and refuses to stop. We have two children an autistic 5 year old boy and and 3 year old girl. As a father and a husband I have done nothing wrong. If and when we split I would want joint residency of my children, although I know my wife would fight tooth and nail to prevent this. Any advice or help would be greatly appreciated.
Steve 11/10/2015 at 6:55 pm
My son was given a British passport by myex husband which I was not aware that my ex partner name the child after his husband but I also perform my parental responsiblity can I also stand on the child to get a stay here in the uk
Mumof2 09/10/2015 at 10:42 pm
Hi I am in a difficult situation and looking for some advice. I have separated from my partner as he has recently been abusive to my 9 year old daughter (from another relationship). We are unmarried and have a 4 month old baby together and he is saying he won't let her live with me, and that he will get custody and he is not allowing me to leave with her. He has also said he will say I am an unfit mother which is a complete lie. She is breastfed and he is saying he will just switch her to a bottle. I don't work as I've taken care of her while my partners worked so I have no income of my own to even go to court. Can he really get custody of her? He has a bad temper and has threatened my daughter and myself and can be abusive, I am scared he will get custody of my baby as I don't trust him to take proper care of her and feel with his temper and abusive behaviour (although they've never been directed at her) that he's not responsible enough. I would be grateful to know where I stand legally and what options I have. Thank you.
ChildSupportLaws Editor 09/10/2015 at 2:59 pm
I can only suggest you take some legal advice. The Citizens Advice Bureau, may be able to help you with this. If you feel that your sister is being neglected or you are concerned about her welfare, you may wish to speak with someone first. I suggest getting in touch with Family Lives via the link here and speak to one of its fully trained advisers, who will be able to offer some guidance and direction. I hope this helps.
MarieS 09/10/2015 at 8:20 am
Hi, I'm looking now for some help.
My little sister is 13. Her dad lives hundreds of miles away and sees her only once a year, if that, and doesn't particularly bother with her. He's an alcoholic who used to beat my mother and has put her at harm when she's gone to visit previously so she doesn't want to see him anymore.
My mother suffers with depression and cognitive behaviour. She is extremely detrimental to my sister's upbringing; abiding her emotionally on a daily basis with words that I know are going to affect her for the rest of her life. Not only that but the family home is a complete mess and she is not capable of making it a safe and clean environment with regards to her hoarding and lack of cleanliness.
I do not want my sister to go through this anymore as I have already suffered through it and am now 25. She constantly tells us both to F off elsewhere because she couldn't care less. I'm getting to the point now where I want to intervene and attempt to gain custody of my sister so we can move elsewhere and she can be under my care. I'm not sure how to go about this, and although I know it will be a lengthy and harrowing experience, I feel nothing is going to get better until something like this happens and I don't want my sister to be put through any more pain.
Please help.
ChildSupportLaws Editor 08/10/2015 at 12:31 pm
I'm afraid we cannot anticipate what a court may decide, regarding where the children should live. The courts generally like consistency for children, and it is rare that children are moved from the resident parent, unless it is necessary. However, if your partner is seeking custody of the children, you will need to use Children Act form C1 which is readily available from the HM Courts and Tribunal Service website. The order that you will be seeking from the court is a ‘residence order’. In making a residence order, the court will consider a number of issues: What the child wants – although the court does not have to act on the child’s wishes, they must take it into account. The child’s emotional, educational and physical needs. The likely effect on any change in the child’s life. The child’s sex, age and background, as well as anything else that the court deems relevant in respect of the child. Any harm that the child has suffered or any risk of harm. The capability of each parent or other person of meeting the child’s needs. This includes work commitments of the person applying for the residence order, and whether their routine is conductive to caring for the child. The domestic routine of the child up until the present time. If the children are very young, the court generally assumes that the children will be better off with their mother unless the contrary can be proven. However, all cases in the family court are decided on their own merits, so if you think the children would be better off living with their father and you, then there is nothing to stop you from applying.
worriedstepmum 07/10/2015 at 8:55 pm
My partner has 2 boys with his ex, we have a court order, been checked by cafcass and in gine to be near them. Court order states to have the boys one night during week after school till 6 then every other weekend friday to sunday this has never been stuck to. His ex is forever stopping him and says im not safe to be around them. My partner finally got to see the boys but only when we briefly split. We're taking it back to court for an enforcement order but my partner wants custody or at least joint custody. We have a stable family home (2 kids of our own), both work and lead very good lives our kids never want for anything ( our son even got given the largest room in the hope of the boys getting to stay with us). His ex has recently moved back into her parents 3 bed house where her brother sister and possibly their partners also live so very crowded. Is there any way we can get the kids as it cant be good for them living in such an overcrowded home and not getting to see their siblings ( they've only met their sister once). Thank you any advice is greatly appreciated
Dee 03/10/2015 at 5:33 pm
I am married to a guy that has 2 daughters with another woman, generally speaking, we tried everything to keep this woman happy just so my husband could see his kids, but nothing ever lasts long because after a while, she is unhappy about something else. She does not like me so I am not allowed to be around them, I do not have a problem with that, as long as he sees them, she is currently studying to be a midwife, and is never around as she chose full time study, so the girls are home alone till about 8pm being looked after by the older brother who is 16. She goes to night shifts and leaves them in his care. My husband wants to be able to see them every other wknd but she seems tone happy to let them see each other when she is in a good mood, when circumstances suit her. She is happy to collect monthly child maintenance but is not willing to stick to her word for him to see them every other wknd. Recently she agreed for them to be little bridesmaids for their uncles wedding, dresses all picked and bought, wedding day, she was not contactable and was not around, wedding went on without them. I reached out and we had family dinner, spoke and she was happy for the girls to start coming over, month into arrangements, started receiving abusive phone calls, that I force the kids to eat, I tell them off when they are playing, I shouldn't assist them when it's bath time. There was always an issue, more like she has a personality disorder. I could not keep up with her moods . My husband applied for mediation, she started crying that things would change and we should not go to court, we can come to a decision as adults and stick by it. Husband closed the case with mediation and issues started again after a few months. Do we go back to mediation? How would you go about trying to solve this?
ChildSupportLaws Editor 02/10/2015 at 10:48 am
You can take him to court via a Specific Issue Order. Specific Issue Orders are orders that parents pursue from the family proceedings court to resolve a matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on, which can include taking your child to live abroad on a permanent basis.
As in all cases, the court’s main concern is for the welfare of the child. The court will always put the child’s best interests first and this will determine the outcome of any application for an order. I hope this helps.
ChildSupportLaws Editor 01/10/2015 at 12:27 pm
The court will always rule for a decision based upon what is in the best interests of your children, regardless of your children's opinions. Meaning, generally, a court will not consider altering a child custody arrangement unless there is good reason for doing so, i.e over domestic violence issues, or if the court thinks the children may be in danger. The court will also rule not to disrupt a child's day-to-day life through a child custody modification, again, unless there is good reason. CAFCASS will finalise the report and make a recommendation to the court regarding where your children live, which will generally be acted upon. I hope this helps.
carla 01/10/2015 at 8:34 am
Hi! I'm spanish and my baby's dad who is in his birth certificate is English. Social services were involved because hit me and I phoned the police on him... Social services are not involved no more but I want to be back to Spain fresh start with my family and follow as instructions. But he don't let me do it and I got his British passport but can not get his spanish one as I need his dad s permission. So I heard the best thing I can do to get Spanish passport and do everything right is get his full custody. My son lives with me, his registerd in the same doctor....what I should do? Take him to court?
Thanks
Tigs 30/09/2015 at 1:45 pm
Wife left with my 2 boys aged 7 and 11 about a year ago moving over 100 miles away.eldest has autism ,he is still saying he wants to come back and live back with me.when Cafcass officer(male) spoke with children about 8 or 9 moths ago he did put In His report that both children were expressing a wish to move back with me. What chance have I got of getting custody in court for final hearing in 3 weeks .
Tinny tyson 29/09/2015 at 2:39 pm
Hiya. My dad had a relationship with a women called Kate the relationship lasted about 5 years, during them 5 years a child was born (my half brother) he is now 3 years old and living with his mother in birkdale:Merseyside not far from where my dad lives ainsdale:Merseyside the relationship was starting to petty arguments caused by the mother of the child so my dad broke up with her since that my dad has found a new partner because it's been more then a year since they split up and my dad has a new partner with a 4 year old girl. They are happy together. The mother of my half brother (Kate) is very upset that my dad has moved on and has only had contact with Kate to make arrangement to see his son which she won't allow because my dad has a new partner and she is jealous. I haven't seen my brother for over 2months because the mother has been causing trouble buy threatening me (14) my sister (18) and my dad and his new parter and been harassing and vandalising the house where everyone stays my nan who has denentia has been moved to a home for her safety because my dad is worried. The police has been involved and told us and her not to contact each other she has a restraining order on the house she takes speed (drugs) and I don't think she is a capable mother. She keeps calling up my dads house on unknown Numbers threatening us all with nasty death threats. What should my dad do now? we want to see my brother without the mother being there but she won't allow it. My dad is on the birth certificate. I need help!
ChildSupportLaws Editor 29/09/2015 at 12:45 pm
I'm afraid Legal Aid has been massively cut by the government. However, you can self-litigate, please see article: Legal Aid Withdrawal: How to Represent Yourself, here. Also the Bar Council has a very comprehensive guide, via whichAlthough, the fact that your ex has not been in touch for so long, does mean that you naturally have full custody of your son. Therefore do you really need to take it to court?
ChildSupportLaws Editor 29/09/2015 at 10:21 am
We get many comments and cannot answer them all, so apologies for not getting to you sooner. I am sorry to hear your story, it must be very frustrating and upsetting for you. However, unless you are registered as a British citizen, then you cannot claim legal aid. Also, there is little or no Legal Aid funding in the UK, as it has mostly been withdrawn by the government. I'm afraid it is also unlikely that the courts would take your son from his mother and hand custody over to you, the father. The courts will always try to decide what is in the best interests of your child and consistency and stability is paramount. As your son is only six, his opinions about wanting to live in the US, will not be taken on board either as he will be considered to be too young to make such life-changing decisions. I can only suggest taking further US legal advice, which hopefully may allow you the contact that has been restricted. On another note, if contact had been awarded to you through the courts, and your ex has not adhered to the court order, then she could be in breach, see article: Breach of Court Order: What Steps to Take Next? here. I hope this helps.
ChildSupportLaws Editor 28/09/2015 at 2:04 pm
This result must be very upsetting for you. I can only suggest that you appeal. In certain circumstances you may be able to appeal the court’s decision, but the circumstances are limited. If you intend to appeal a decision of the family court you must normally do so within 21 days of the decision. I therefore suggest you seek legal advice to see whether you may have grounds. I have also included a link regarding how you can complain against CAFCASS, here.
ChildSupportLaws Editor 28/09/2015 at 12:48 pm
I am sorry to hear this. If you have parental responsibility and your ex didn't consult you about leaving the country, then this could be viewed as abduction. Please see article Moving Abroad, The Issues, whichHowever, if you do not wish for confrontation or conflict over the issue, then all you can do is either try and resolve the problems between you, or take it through the courts. However, as this has become an international issue, it will cost.
Aliña36 28/09/2015 at 12:21 pm
Hello, my case is quite straight forward I think.
I was married to a Brazilian and had a son together, he is 6 years old now. My child is British and I have naturalised as British this year after living in the UK legally for over 16 years (have an EU passport).
We split 4 years ago and he has only paid child maintenance for 1 year before returning to his country. He has not seen the child for over 4 years as he never bothered to do so.
Now I want to pursue full custody as he neither visits the child nor he cares to pay for his support. Is legal aid completely abolished with the exception of PLO procedures? or can I have some kind of support towards this process?

Thanks & Kind Regards,
Ted 28/09/2015 at 4:41 am
I am Ted and waiting for someone to comment on my story.
Holidaymaker 27/09/2015 at 11:55 am
My son has a child by a South American woman. The child lived in South America for 4 years then they all came to the Uk for the childs education. The mother returned to South America to carry on with her studies. When she returned, she said she wanted custody of the child and wanted to take him back to South America. We were told by lawyers that this would not happen as the child had lived happily in the UK for over a year, was doing well at school , was enrolled in various out of school activities. If the child went back with the mother, he would be living in a place that is no more than a shanty town. The house does not have proper running water (which is not drinkable), the school has to be paid, medical care has to be paid for and the mother plans on returning to university, which also has to be paid for, and the mother has no form of income. The school is Spanish speaking and the child does not speak Spanish. If the mother goes back to university, the child would be left with a relative who only speaks Spanish. Cafcass became involved and in their opinion, the child should return with the mother. Cafcass are supposed to work on "the best interest of the child" so how sending him back with the mother is in his best interest, I have no idea. Because there is no free medical care, Cafcass told my son, if the child was ill, he would have to be put on a plane and sent to UK for treatment, absolutely ridiculous !. To say Cafcass was biased is an understatement , they favoured the mother all the way, and the report was a joke. The court case was adjourned twice because the judge said the report was inadequate, yet the judge admitted the report into court on the third occasion. My son has asked for an appeal, but was told there are no grounds for an appeal. We are at our wits end. Can anyone help?
ProudDad 26/09/2015 at 4:39 pm
Hi there, I'm lookin,g for a bit of advice for a complicated situation concerning my 5 year old son. A brief background: I'm 35 from the UK (Scotland). My ex-partner is 32 Russian/Latvian (from Latvia). We were together for 6 years, my ex partner has an 8 year old daughter to another man.The daughter, who is living in Latvia, was being raised by my ex's mother in Latvia.
Since the birth of our son in 2010, my ex has tried to split up with me and returned to Latvia with our son, for extended periods of time (up to 6 months) on a regular basis.
When we separate I have always paid child support and tried to visit my son in Latvia.
Most recently she returned to Latvia in June with our son (without telling me).I work offshore, and when I returned, they had gone.This time it looks unlikely we will be able to resolve our differences, and she says she is going to stay in Latvia, and that I can talk to my son on the phone whenever I want, or visit when I want, providing she is there with him(paying for activities etc. as she doesn't work).
I'm just seeking some advice as to what I should do or what rights I have? I've tried to resolve things amicably with her, and don't really want to enter a court battle, but she won't entertain the idea of me taking my son to the UK for any length of time to spend quality time with me and visiting family.
I feel like this is quite a unique situation but I'm prepared to do anything to be part of my son's life (including career change etc).
Thanks for reading.
Mimmm 25/09/2015 at 9:23 pm
I have a 5 year old girl and 8 month boy.y daughter loves at her dads due to a decision we made on our relationship I was also staying there since breakdown I have been told I cannot stay. My daughter was enrolled in school by his hoise I love another part of South london.
He jas refused to communicate with me and says he will use the court.

I don't know what to do anymore.
He keeps making decisions without me.
Ted 25/09/2015 at 9:13 pm
My name is Ted Hayworth and I am an American citizen. I have a 6 year old soon to be seven. Theodore was born in London but is an American citizen I had him registered at American Embassey. Me and his mother have not been together soon after his birth. I have been to England 3times to see him and been to court once where they gave her full custody. He has been here 3times for extended periods basically once every two years. The mom will not let me talk to him now because he wanted to stay here in the US. She is again trying to cut ties.

She is on government assistance and legal aid is fee to her for myself I have spent $63,000 dollars and no longer have a job that offers me this type of flexibility.

I would like to get free representation in the UK if possible and I would like basic custody arrangements and some rights to my son.
ChildSupportLaws Editor 25/09/2015 at 2:41 pm
I am sorry to hear this. If your ex is denying you access, your first step should be to send a registered letter to her in which you ask her to reinstate contact between you and your child, 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. The interim contact order allows you to have contact with your son until a full court hearing resolves the matter. I hope this helps.
ChildSupportLaws Editor 25/09/2015 at 11:55 am
If you can't agree between yourselves, in the first instance, you could suggest mediation. Your son is now old enough to have his opinion taken into consideration. Please see link: Mediation: What is it and is it For Me? here. If your ex refuses to consent to mediation, then legally you would have to approach this via the courts in order to determine a resolution. I hope this helps.
ChildSupportLaws Editor 25/09/2015 at 10:32 am
If the father of the child has parental responsibility, then your daughter would need to ask for consent if she wanted to return to Hong Kong to live. If she doesn't ask for consent, then if she returns with the child, then it could be classed as abduction. I can only suggest that if you have the financial means then you could help her to get out of the situation, but that she remains in the UK. If she could get accommodation, then she may be entitled to some benefits which would allow her to live alone with the baby. Should she still wish to return to Hong Kong, then she would either have to get the father's consent, or get consent through the courts. If she can prove that it is in the best interests of her child to return with her to Hong Kong, then the court may give consent. I hope this helps.
alex 24/09/2015 at 9:25 pm
she let me see my son once for an hour when he was born and i have know been blocked the other day on facebook and both herself and her mum refuse to to reply back to me. I dont even know how he is yet alone get to see him. banbury citizen advice told me to talk to her come to an agreement but she wont even reply to me when i try to contact her on her phone and her mother i contact through facebook and she views the messages and doesnt reply.
ChildSupportLaws Editor 24/09/2015 at 2:30 pm
If your ex hasn't contributed to your son's welfare, you can claim via the CMS, If you are the resident parent, (i.e your child lives with you) then you naturally have custody anyway.
fi 24/09/2015 at 12:29 pm
My husband and i have been divorced for 4 1/2 years, we have 3 children aged 14, 9 & 9. We have joint custody of them all sharing 1/2 the week each and every other weekend. My 14 year old feels it would be better for his stability at school to have one week with me and one week with his father but his father has refused because it doesn't suit him. My 14 year old has said why can't he just live with me full time. What are my options in dealing with this situation as their father will not budge!!
ChildSupportLaws Editor 24/09/2015 at 11:51 am
They would have to go through a solicitor, through mediation, or draw the agreement up between themselves (it really makes no difference which way they choose). The reason being that these agreements are only seen as 'official' until either parents disagrees. Only by taking it through the courts can it be made official, as it means a parent will be in breach if they renege on any part of the agreement. I hope this helps.
Michael 24/09/2015 at 4:48 am
Hello, my 18 year old daughter is from Hong Kong. She has a British passport. She has been in the UK now for 2 years studying. She was in a relationship and now have a 9 month old baby. She has been and still is living with the father's family. The father is 17 years old.

They asked her to live with them, a family of 7 (excluding my daughter and baby) in a small overcrowded house saying they are well equipped, plenty experience, willing to help her and importance of family bonding.

However the fathers family is now asking her to leave on the grounds of insufficient parenting and neglect of house chores but they would like her to leave the baby behind. We are not certain if this has to do with their recent financial setback.

My daughter has no money and nowhere to go in the UK. Can you please advise whether the family can ask or force her to leave whilst leaving the baby behind? My daughter is upset and would like to return home to Hong Kong with her baby.

We live in a spacious apartment in an uptown area and have a resident maid. We are willing to help and provide for her and the baby. Please advise what options my daughter has within the UK law.

Looking forward to your prompt reply.
Lea 23/09/2015 at 8:21 pm
Hi Me and my ex partner have split and I have our son full time he sees him 5 days a week or when it suits him. He has only had him over night twice in 6 weeks and doesn't give me no money. I am thinking of applying for full custody as he doesn't seem bothered. I don't want to but I want the best for my son and he doesn't seem like he cares any advice
Lizzy 23/09/2015 at 12:48 pm
Thank you. They have agreed between themselves, but they would like it recorded officially in the form of joint custody. Can you tell me the first steps they should take to do this. Many thanks.
OOna95 23/09/2015 at 12:17 pm
@Lizzy - shared-residency can just be agreed between the couple, or they could go through a mediator to agree some terms etc. Even if they agree, they may wanted it recorded officially. However, if they are comfortable agreeing this between themselves, then you can just have a family-based arrangement. It really depends on the couple and how well they get on still. Some couples arrange it easily between themselves with few issues, some people have to drag even the simplest of access issues through the courts. There are no rules either way.
lizzy 22/09/2015 at 2:31 pm
Hi
My son and his partner have just split (they lived together and have two small children together). They are both amicable and have agreed on visiting arrangements.
They would like to apply for joint custody but do not know how to go about it. They do not need mediation as they are on good terms and have agreed on who should have the children and when.
Can this be done simply through a court or do solicitors have to get involved?
Also, what is the cost?
ChildSupportLaws Editor 21/09/2015 at 2:39 pm
I'm afraid I can't really answer this specifically as it depends upon your circumstances and how much your husband intends to fight this. If you leave the house, then please be aware, you will lose a lot of your rights. While you could apply through the courts for joint residency, if you leave your son with your husband, the courts will always rule for what is in the best interests of your children and that is usually consistency and stability which a constant home-life and familiar environment provides. I'm not advocating that all will work in your husband's favour, but while living under the same roof as your husband may be difficult, it might be much easier than trying to fight for access to your son against an opposing ex, once you have moved out.
ChildSupportLaws Editor 21/09/2015 at 10:49 am
Children can be fickle, and while the court will listen to the child's opinion at age 14, it won't always take the child's opinion on board due to the fact it is stability and consistency that is considered to be in the child's best interests. So while your daughter may wish to move on a whim, unless you consent yourself, then there is nothing to say the courts will either. I hope this helps.
abby 20/09/2015 at 9:27 pm
Hi
I am currently in the process of breaking up with my husband as our marriage has been a chaos for 6 years now. We have an 8 year old son and each time I want to move out of the house and ask my husband to split custody with my child he will not agree and will always say that he will be the one to have our child and I can only visit him. I have a relationship with other man and he is using it as a ground saying that I am a bad person and is not capable of taking care of my son although during this chaotic 6 years he has been involved in a couple of relationships but because I was the one who's done it first then he is using it against me. We still living in the same roof , I only agreed in this set up as he will not agree on my terms that if I move out i will have my son for even 3 days...
Please advise on this
MR RE 20/09/2015 at 7:49 am
I'm a father and have a residency order for my 14 year old daughter. The mother has just re married and my daughter had a great time for the week she was there. Now she says she wants to live with her mum. My daughter is doing brilliant at school, is very well looked after and my work is able to fit around her school hours, she has also just fallen out with her best friend which has upset her a great deal and i believe that this is why she wants to live with with her mum.
ChildSupportLaws Editor 17/09/2015 at 2:16 pm
You're welcome. The fact that your brother has a residence order, should give him the security he needs. It's highly unlikely the courts will ever remove a child with a solid/stable background from a resident parent, unless there is a very good reason.
Anne 16/09/2015 at 10:32 pm
I've been separated and divorced from my ex husband for over 6 years now. We have two children 8 and 11 years. We have always got along and shared parental responsibility with know arguments. 2 years ago my ex husband met his partner and recently they decided to get married. My ex husband is now trying to change our arrangement and is wanting our children more. I've lived my life and build a business around his business and when he says he can and cannot hAve our children. He's asking me now to have them less! Me 3 days and him 4 but also change some days. I feel I'm being bullied by him and it's causing me so much stress I'm not sleeping. Why does he think he has the right to have them more? I feel like he is trying to take them away from me. His fiancé has said she never wants to meet without reason. I think she would prefer me out of the picture. I'm not married and I live alone with my children when I have them. I'm worried solicitors may have to get involved and they may let him have more access because of his home situation. Don't get me wrong I work hard and for myself. I provide for my children and we rent a nice home. I just worry that because they are getting married etc will they seem to have a better and more stable environment ? I don't want to have my children less, most of my time already is on school days and then every other Friday. He wants them every Friday now. I really just need some advice. He is randomly showing up at my house and telling me what he wants.

Thanks
Kel 16/09/2015 at 5:00 pm
I thought that was the case thanks for replying just wanted to be sure as I have people saying I could
ChildSupportLaws Editor 16/09/2015 at 2:19 pm
It is rare that a court will remove parental responsibility from a child's mother, unless there is a very good reason for doing so.
Kel 15/09/2015 at 6:28 pm
Hi my brother has residence order for his 4yr old son his mum is ment to have supervised visits once a month but after the fist two visits she's not been near are even tried to arrange contact ?
I know she's his mum an we will never let him forget that he as never asked for his mummy are mentioned her name & when are if he ever does we will try to contact her to arrange contact out but until then my brother as to put his sons needs first and he was woundering if her parental right can be removed as it's been nearly 3yrs ?
ChildSupportLaws Editor 14/09/2015 at 1:47 pm
You would have to apply for a Specific Issue Order through the courts which may get tagged onto the full proceedings. A Specific Issue Order is an order 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 you and your ex-partner cannot agree on. As in all cases, the court’s main concern is the welfare of the child/children in question. The court will always put the children's best interests first and this main issue will determine the outcome of any application for an order. Unfortunately, in many cases when people split up emotions run high, it may mean in turn that your ex could apply for a Prohibited Steps Order also, if he is trying to prevent you from taking the trip and thinks you may leave the country for good without his consent. I'm afraid if you can't both agree on matters, this argument may have to be thrashed in the courts, which unfortunately can become a rather expensive exercise. As a note of warning, if you do apply for a Specific Issue Order, you would have to give plenty of time before your trip in order for the courts to hear your case. I hope this helps.
Kath 13/09/2015 at 2:21 pm
Hi
My husband and me split up In June we have not had a relationship for over 4 years I met someone abroad so r starting divorce procrdings.i have 3 children 6,9 and 11 I live in house and he had moved out I want to take kids away to meet him in November but while looking after kids while working at night he took passports and said until he see flight details and accomadation he won't give them back as he doesn't want them to go to Tunisia because of trouble.so I wanted to go to mediation which he suggested but now refused and issued me court procrdings to move back in house and get custody of kids the day after I showed him flights to Egypt which he said to pay for and don't want me to take kids out of country as he said I would take them to live there which I would not on the court letter he is exuding me of physically and emotional doing harm to kids what do j do
ChildSupportLaws Editor 11/09/2015 at 11:31 am
The advisable route would be to apply through the courts for a residence order, rather than keeping your daughter against the mother's wishes, as unless absolutely necessary (i.e if your child is as risk) then the courts will not take lightly to you taking the law into your own hands. In making a residence order, the court will consider a number of issues such as: What the child wants, although the court does not have to act on the child’s wishes, they must take it into account, the child’s emotional, educational and physical needs, the likely effect on any change in the child’s life, the child’s sex, age and background, as well as anything else that the court deems relevant in respect of the child, any harm that the child has suffered or any risk of harm and the capability of each parent or other person of meeting the child’s needs. This includes work commitments of the person applying for the residence order, and whether their routine is conductive to caring for the child, plus the domestic routine of the child up until the present time. If you are seeking residency, you will need to use Children Act form C1 which is readily available from the HM Courts and Tribunal Service website.
ChildSupportLaws Editor 10/09/2015 at 2:07 pm
If you can't agree between yourselves, I suggest the best course of action is to try to sort this out via mediation. Please see link: Mediation: What is it and is it For Me? whichI hope this helps.
Seb 10/09/2015 at 1:34 pm
Hi my daughter who about to turn 9 has turned round and said she wants to live with me. I have spilt with her mum when she was baby and have regular access for the last nine years there is no resdience order in place. Where do i stand in my daughter being able to live with me. Can i legal keep hold of her or do i need to go through courts to get resdience order?
Anne 09/09/2015 at 4:15 pm
Hi, I am currently in the process of splitting up with my partner, as our relationship died a death a long time ago and it is time for us to go our separate ways. We have 2 children aged 3 and 6. I gave up work 6 years ago and have devoted my life to my children, everything I do revolves around them. I started work again last year, part time running my own businesss so that I can work around my children and still do all the daily duties regarding school, meals etc. My partner runs his own business and works usually from 9am to 6:30 pm and has never done any of the day to day duties, he just puts them to bed. Everything has been amicable between us regarding the spilt until recently when we started to discuss child custody and my partenr has become nasty about it. I told him I wanted the girls to live with me during the week, and stay with him every other weekend, for a 4 day long weekend. I told him he could come round and put them to bed and have dinner with us during the week whenever he wished and see them as much has he wanted, but I thought it best if they just have one permanent residence. he argued that he wanted them 50% of the time. But this would be impractical, as he would end up destroying his business in the long run as he doesn't have time to look after them or giving them to his mother to look after. I do not want his mother to look after them all the time, he would just be doing this to spite me. I need to add that one of the reasons I am leaving him is becuse he has been a 'stoner' for the last 20 years or more and I am tired of him going out smoking weed every night. He says he has now stopped smoking weed in the last month or so, but I am worried that he will go back to it and do not feel he is fit to look after the children 50% of the time. I am desperately worried that if it goes to court that he would win and get them 50% of the time as he has much more money than me. I couldn't live with this. Please can somebody help and tell me if this would be likely to happen, or give me some advice. Thank you
ChildSupportLaws Editor 07/09/2015 at 2:02 pm
I think in the first instance you need to establish regular contact with your child, please see link: When Your Ex-Partner Denies You Access here. Unless it was for a very good reason, then it is unlikely the courts would remove your child from his mother. However, shared access may be an option, if your ex agrees. Please see article: What Goes into the Cafcass Family Report?here which will show you what form the process will take. I can't predict what a court may decide, but if you wish to have a proper relationship with your child, then you need to at least sort some kind of formal access arrangement out which means that if your ex refuses access, she will be in breach.
Maggie 06/09/2015 at 10:10 pm
I have a son of 14 yrs with ADHD and on medication i was a single parent. I have been living with my partner for 10 yrs and we have a 7yr old daughter. The children for the most part get on but when they dont see eye to eye they get a little rough with each other - she pinches until she draws blood and he has lots of scars! He retaliates by punching or kicking most times misses but on occasions he hurts her. My partner and i are constantly arguing over my son things are getting increasingly worse due to hormones kicking in with son and my daughter is at the age where she is knowing it all and getting very back chatty - if my son just looks at her she runs to daddy n says hes looking at me! and constantly tells daddy everything that my son does - my partner always takes her side whether right or wrong - she certainly knows how to 'play' him. I feel our relationship has come to an end and my partner has said he cant live like this. If we were to part company i would allow him to see our daughter as much as he could - however i feel that he with the backing of his elderly parents would try to get sole custody of our daughter on the grounds that my son could harm her! He never allows them to do anything together unless he is supervising because he feels that only he can control situations if they should occur - basically saying that i and both sets of grandparents who child mind while we both work full time are incompetent. He does have serious issues but says there is nothing wrong with him! He is a controller he has to have everything his way or not at all! This is almost the complete story apart from he and his twin brother went straight from birth into care and were adopted together aged 2. Could he win sole custody of our daughter and move in with her and his elderly parents?
PHD 06/09/2015 at 10:36 am
IV HAD RESIDENCY ORDER FOR MY YOUNGEST DAUGHTER SINCE 2008, SHE IS NOW 13 AND IN MAY 2015 DECIDED SHE WANTED TO LIVE WITH HER MOTHER SO I ALLOWED HER TO FOR A SHORT PERIOD BUT TODATE SHE HAS NOT COME HOME AND SAYS SHE WANTS TO STAY WITH MUM....NOT SURE WHAT TO DO AS I KNOW THAT ITS A CASE OF THERE ARE NO RULES AT MUMS AND SHE DOES WHAT SHE WANTS.
I UNDERSTAND HER MOVE TO HER MUMS AS IT IS CLOSER TO HER SCHOOL AND SHE IS ALLOWED BOYFRIENDS BUT SOMETHING HAPPENS TO HER IT WILL BE ON ME...
I HAVE SOUGHT ADVISE ON THIS FROM S/SERVICES BUT THEY TOLD ME ITS A LEGAL MATTER AND I REALLY DON'T WANT TO DRAG HER OR MYSELF THROUGH THAT AGAIN,
I HAVE SPOKEN TO THE MOTHER WHO IS NOT PREPARED TO SEND HER HOME, I DON'T WANT TO TRAUMATIZE HER BY GETTING THE LAW INVOLVED
SO REALLY NOT SURE WHAT TO DO...?
S 04/09/2015 at 9:11 pm
Dear Team,

My son is 15months old currently living with his mother an hour away from me in the UK. When he was only 3 months we were together but I found out she had lied about her job, was still married, had stolen money from me and was not Italian as she claimed but from the UK. She had also been sleeping with her husband (I thought he was an ex) while pregnant with our son and told me her father and sister had died but they are still alive. She still lies on a weekly basis. Initially we had an informal arrangement for me to see and have my son overnight. Now she is refusing access and contact or will at the last minute say I can have him when she knows I cannot come to pick him up. She also lied about his vaccinations and hadn't got the course done though told me she had. I had to chase her to get it sorted. My son has also had several injuries requiring attendance to hospital where she's admitted not observing him closely including falling from the top step of a stair case. My ex wont let me know how my son is, where he is and wont allow regular planned contact. She has also threatened suicide while he's been in her care. I have evidence of all of this by way of picture messages, emails and texts. I also know she goes out drinking then picks my son up from a friend at 2am then looks after him while drunk.

If she has put my son at risk by lying about vaccinations and GP appointments, failing to tell me when he's fallen down stairs sustaining visible injuries, and been drunk looking after him; if I were to go for full custody could it be possible? I work full time and she does not so my fear is as she can provide full time care and I would need help of nurseries and child minders a judge may rule in her favour. I hope at least a shared residency would be possible.

Sam
Giles7495 03/09/2015 at 10:29 pm
Help/advise please?!?

My ex and I split 2 years ago when our son was 6 months old, the split was her choice but I accepted it, at first she let me see my child most days but after a couple of months things began to change and she would restrict access routinely and would often only let me see him for 15-20 minutes at a time, after numerous attempts to talk to her and resolve the situation I finally decided it was the last straw when she broke off all contact for 6 weeks over the period of my sons 1st xmas meaning I missed something I can never get back so I decided to seek legal advice, my solicitor sent a letter out asking to restart contact which she reluctantly did, I told her at the time that we needed to put something down in writing or I would have no option other than to start legal proceedings, she refused and said I could see my son whenever I wanted and she would never stop me seeing my son so I backed down from taking the legal route not wanting to cause unnecessary stress or cost that neither of us could afford. Nearly 2 years on and things could not be worse, she breaks off contact around all important dates and periods (Xmas, Father's Day, my sons birthday) meaning I have yet to spend time with my son on any of these days which as any parent would know is heartbreaking, also since we have split I have not been allowed more than 2 hours with my son alone, I've not been allowed to take him out on day trips and worse than that there are members of my family my son has not yet met because she refuses me time to take my son to see them, not because of any legal reason and not because I am a drunk/drug user or violent in anyway, the only reasons she has are her own need to control when and where I see my son, I have lost count of the number of times I have asked to see my son and then she responds at the last possible moment giving me little or no notice that I can see my son and then gets angry when I have made other plans due to not getting a response from her so she accuses me of being a bad father and not wanting to see my son! I'm literally at my wits end and if it weren't for my son I would not be here today , I have considered the legal route but having recently suffered a heart attack my savings have dwindled from not being able to work so solicitors fees are something I simply can't afford and my ex has refused mediation and all attempts by myself to resolve the situation amicably so any advice would be gratefully recieved
Dudley 01/09/2015 at 4:46 pm
My daughter in law has moved to Wales and the Family Court hearings are always held there. These people don't know her the same way that professional people do in our home town. Sadly they have taken her word on everything.

Can the case be moved to our home town, where doctors, teachers etc can give a more balanced view about the family make up.
sally 29/08/2015 at 10:25 am
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
shell 28/08/2015 at 5:48 pm
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.
ChildSupportLaws Editor 25/08/2015 at 11:31 am
. 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? whichIt 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.
Olga 24/08/2015 at 4:05 pm
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
ChildSupportLaws Editor 24/08/2015 at 1:43 pm
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.
Michelle 21/08/2015 at 6:36 pm
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 .
Dave Editor 19/08/2015 at 12:11 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.
Arkhamangel 18/08/2015 at 3:53 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.
ChildSupportLaws Editor 18/08/2015 at 11:07 am
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 Editor 18/08/2015 at 10:19 am
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? whichShould 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? whichShould 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.
shaunb733 17/08/2015 at 1:11 pm
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
Bec 17/08/2015 at 10:29 am
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?
Ed 15/08/2015 at 10:34 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 services have 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
ChildSupportLaws Editor 13/08/2015 at 1:48 pm
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.
holz 12/08/2015 at 9:40 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.
Tiger47 11/08/2015 at 10:37 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,
ChildSupportLaws Editor 11/08/2015 at 2:20 pm
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.
p90 11/08/2015 at 2:10 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.
ChildSupportLaws Editor 11/08/2015 at 12:54 pm
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.
Moo 09/08/2015 at 12:07 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?
Nanna_P 09/08/2015 at 9:26 am
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.
concernedstepmum 02/08/2015 at 11:33 pm
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
Cw 29/07/2015 at 9:11 am
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.
Liss 27/07/2015 at 5:00 pm
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.
helpmenow 27/07/2015 at 11:23 am
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?
smig64 26/07/2015 at 2:20 pm
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??
coral377 26/07/2015 at 11:35 am
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
Moptop. 20/07/2015 at 8:25 pm
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 depending on 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
jamie 20/07/2015 at 7:00 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?
London 18/07/2015 at 5:41 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.
ChildSupportLaws Editor 14/07/2015 at 9:52 am
@Newts678 - You would have to apply through the courts. If you were to make an application to the family court, the judge or magistrate would look at what was best for your son. However, this may not necessarily accord with what either you or your ex wants. The court would look at both you and your ex as equals, and decide what to do about custody based on the evidence put before it. Although it used to be quite rare, courts are increasingly prepared to grant shared custody. What they are looking for is whether you and your ex can get along for the benefit of your child, and, in terms of practicality, if you live close enough to one another and the distance to your child’s school. Another option would be to suggest to your ex you look at Mediation, which would mean that the decision would remain you and your ex’s to make rather than at the discretion of a third party. If you went to court, there is always the chance that the court could direct that you had less of a share of the custody of your child, rather than more. However, with mediation, any agreement is not official and either party can change the arrangements if they wish. I hope this helps.
Newts678 11/07/2015 at 12:52 am
Hi
I've slit with my partner, we have a six year old. I'm desperate to see her as much as I can and I'm trying to get joint residence 50:50, my ex isn't agreeing to it. Is there anyway of taking it to court so I can have 50:50?
My ex has a mental health problem (eating disorder) which runs through her whole family. I'm desperate to be with my daughter as much as I can do she can have some normality in her life!!
sadmama 09/07/2015 at 10:04 pm
My split with my ex when my little girl was 7 months old he has never had her overnight and probably wouldn't know what to do. He lives in a shared house with other men and is saying he wants her overnight that its his right too. I feel really uncomfortable with this for a number of reasons. Also that he wants to take her to go see family that are 5 hours, even though I have said I'm not ok with that, I am doing what I think is best for my daughter but he is becoming quite aggressive towards me and making threats.
What if he takes her without telling me?
helpneedes 07/07/2015 at 2:02 pm
My boys are English and was born here. My husband lived her for a year before deciding to leave as he didn't like it here and missed his mother. My children are well looked after and I've told my child's father he can visit when he wants. Would it be in my children's best intrested and see a lawyer?
ChildSupportLaws Editor 07/07/2015 at 12:53 pm
@helpneedes - It is difficult to advise on over a couple of sentences, without knowing the full background story. In general terms, it is unlikely any court would uproot your children and move them to the other side of the world in a custody battle as stability is deemed to be in the best interests of your children. However, we are not party to the full information, therefore, if you think his threats are more than mere hot air, then you'll need to seek legal advice.
helpneedes 04/07/2015 at 8:54 pm
Hi everyone. I am English and live in England with my two boys. My youngest(2) boys father whom I am married too is an American citizen and did live here for a year before moving back to america. I have tried to keep him in my boys life by phone calls and pictures and so on. But he hasn't spoke to him in 4 months. By his own choice. but now he's decides he does not want to pay for our son and is going to take me to American court for custody. Can anyone give me any advice on what I can do thank you
Dainty57 03/07/2015 at 7:22 pm
As for representing yourself... well that is a load of croc... My son did that and her solicitor just kept screaming him down!! He wasn't allowed to ask questions in anyway shape or form. She has defied the court twice now with regard to contact. They do nothing!!
Dainty57 03/07/2015 at 7:18 pm
Child support laws are all a waste of time if you are the father. Despite the evidence you have no-one is interested. A Mother can get away with murder before anything changes as shown recently.

The mother of my grandchildren is bipolar, no-one cares as the courts and related agencies are too scared to explore it.

I wish I knew what I could do to help my grandchildren. I am so scared for their lives.
ChildSupportLaws Editor 03/07/2015 at 1:47 pm
@Cakey77 - I'm afraid I can't answer this as it becomes complicated once Social Services are involved. I can only suggest you call Family Lives, who will be able to talk your issues through with you and give you some advice. You can access the helpline number via whichI hope this helps.
Cakey77 02/07/2015 at 6:24 pm
Me and my partner broke up when our daughter was almost 6months. I asked his mum and step father to look after her until I could find a home. Me and my ex partner get on well and have come to the agreement that I should have full custody and I will let him see our daughter as often as possible. However his mum and step dad got social services involved and social services have been given information to say I am not a suitable parent and will not give me back my baby. It has become obvious to me and my partner that they are obsessive of our daughter and are slowly cutting off our contact. I have been reasonable and honest but they are making me out to be a horrible person and don't want my ex partner seeing his daughter at all. Social services won't listen to us and a court hearing has been mentioned but no sign. My solicitor hasn't been helpful either. My daughter is now 9months and is calling her grandad "dadda" she has finally got a tooth, I offered teething gel, they said she's suffered the once she doesn't need it. I also gave them cradle cap shampoo, they refuse to use it, I am not allowed to provide for my daughter although I have everything for her but my stuff is"not good enough" i am getting worried that me and my ex partner may never see our daughter again and I fear she is not being cared for properly. What can I do? Any help would be welcome.
Mark 01/07/2015 at 7:11 pm
Worst day of our lives. Social services have just taken our 5 month baby away from us into care. Our baby woke up in the morning, I fed him and the left him on the bed with mum. Next thing mum calls me back int he room, baby has what looks like blood all over his mouth and muslin, we called an ambulance, after a day in the hospital the doctors confirms its not blood but something he's ingested and social services say either my wife or I have made him swallow the red substance and therefore they don't think he's safe in our care and won't hand him over to grandparents as a nominated person as the my can't believe either of us would do such a thing. My wife and I are completely innocent and would never do anything to hurt our baby. We're devastated! We need to speak to a family lawyer now and then visit social services tomorrow to discuss the next steps. Please, does anyone have any advice? Devastated and desperate to be united with our baby.
ChildSupportLaws Editor 26/06/2015 at 10:09 am
@Smokey - if you can't get legal aid, you can represent yourself, see: Legal Aid Withdrawal: How to Represent Yourself, whichAlso, you can apply through a C4 court form which is an application for an order for disclosure of a child's whereabouts. While it might not reveal your ex's address, it will help you locate your child, so you can apply for access. I hope this helps.
Smokey 24/06/2015 at 2:43 am
My ex has just taken my daughter she went with him she is13 has been very low in mood her dad was not in her life for over 4 years she wanted contact so her sister got in touch threw a third party he did not want to no sshe told him that his child had an illness he change his mind so contact started in Feb this yr I thought he would support me in getting her help with school and low mood he mad everything works she hasn't been to school since being of March she started to self harm blamed me for everything he has change her doctors school won't tell me his address she was hospital over night they won't tell me why but I believe it's because of stress starting knew school and area he has no parental rights but police won't do anything nor will social services he smokes weed and sells it has no driving license but I can't do a thing can't get leagle aid so can't take him to court anybody got any advice on what to do
ChildSupportLaws Editor 25/06/2015 at 2:43 pm
@sidney45 - you would have to take it to court and apply for a Specific Issue Order, which, much like the name suggests, is an order 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 you and your ex-partner cannot agree on. I hope this helps.
sidney45 23/06/2015 at 9:38 pm
Hello, I have joint custody of my 2 children. My 15 year old daughter has recently chosen to live with my ex-husband and we are currently estranged. My husband is refusing to give me any updates on her life and I am actively not included in any decision making in her life. Can I challenge this legally? I cannot change my daughters feelings but I would like to be given updates on her progress on school, health etc. Can you help?
ChildSupportLaws Editor 25/06/2015 at 2:23 pm
@mum - you would have to either stop the access and then he would have to take it to court. Or you could pre-empt it by applying for a Specific Issue Order. This is an order that parents pursue from the family proceedings court to resolve a matter in connection with the exercise of parental responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on. As in all cases, the court’s main concern is for the welfare of the child. The court will always put the child’s best interests first and this will determine the outcome of any application for an order. Applications for a Specific Issue Order are heard before a judge and a representative from Cafcass (Children and Family Court Advisory and Support Services Officer) who is a qualified social worker. I hope this helps.
mum 23/06/2015 at 5:54 pm
Me an my ex- partner split when my son was 4 months old he has had him every other weekend since then he is now in a relationship with a drug user what rigs do I have to prevent my son being around them
ChildSupportLaws Editor 25/06/2015 at 11:49 am
@Lossie - I have included a link to a Family Lives page which may help here.
Lossie 23/06/2015 at 10:34 am
I'm divorced and have 2 children, they have been with me since birth. We had already separated before my 2nd son was born. After 2 years of separation I started living with a new partner and we have been to gather for 6 years now. My 2 children from my ex husband call him dad as he has been a father figure to them especially the 2nd child who's never known his dad.

We will be getting married soon and how can he apply for the custody of the children.
ChildSupportLaws Editor 25/06/2015 at 11:27 am
@Tammy1 - I'm afraid the mother can specify when she wants your partner's son back. Likewise, your partner can also have a say too and does not have to return him on the specified time. However, this can only create bad feeling and lead to the ex further curtailing the time your partner spends with his son. The only option is for your partner to take it to court, whereby the court could possibly draw up a contact order. Once the court order is drawn up, if either of them try to push the boundaries, it would mean they would be in breach of that order. I hope this helps.
Tammy1 23/06/2015 at 10:06 am
My partner's ex partner is dictating where and who he can take his son to see when he has him. Also when staying for weekends what time he has to be home at his and where he can go. If not as she puts it she will take him to the cleaners. I think this is wrong and i am sure it states somewhere "when the child is with the Non Resident Parent the other parent does not have a say in who where they go or see unless there is a threat to the child. Can anyone clarify this?
ChildSupportLaws Editor 23/06/2015 at 2:33 pm
@Sarajay - the mother will have custody unless it is thought your son's girlfriend cannot look after the child. You don't say who has given her custody. However, should you disagree with this motion, you should seek some legal advice.
Sarajay 20/06/2015 at 11:42 pm
My son has just become a father aged 16. The mother is also 16 and is being told that because her father's girlfriend was her birth partner and her guardian throughout her hospital stay that she now has custody of my granddaughter. I don't believe this to be true especially as she is in no way related to my granddaughter
Sizzler 18/06/2015 at 8:40 am
Been going through court along with my son to c his daughter, this is now 18 month going back and forward to court, never have we had same judge twice , there was never any violence in there relationship all this just because the mum can is there a time limit this case can go on, is it possible to take a child case to European court human rights
babymum 15/06/2015 at 3:50 pm
im just checking if I would be better to go for full custody of our lil boy as I have heard that my ex wants to take my son and have sole custody of him. He's only 6months old at the moment and I have had him with me from birth, we've never lived together as the relationship went downhill when I was 5 months pregnant so I wasn't going to live with him unless he made an effort to sort our relationship out. He didn't so I ended it a month ago. He sees him whenever he wants to, I have never stopped him. My boy is a happy lovely little child and I have a large family who love him and play and help out with him all the time, while my ex has no family to help him. If he has him I'm sure he would isolate him from us all and restrict my access to him. Do I need to be worried or shall I just wait to see what happens, if he takes me to court?
ChildSupportLaws Editor 15/06/2015 at 12:41 pm
@ye - it sounds like you may have to go to court to get a specific issue order, which is an order sought from the family court to determine a particular matter in connection with the exercise of parental responsibility. I hope this helps.
ye 12/06/2015 at 2:01 pm
i am divorced from the father of my children who is i supposes is now in Nigeria- divorce was done in nigeria & i was granted sole custody of these children- but I am living here with the 3 kids, I want to apply for nigeria passport or visa for them to visit nigeria. I have been told to get a consent letter for travel from the father & his passport etc which I obviously don't have. I have been asked to go to court to get a letter to say that I have sole custody of these children. is this possible?
ChildSupportLaws Editor 15/06/2015 at 10:36 am
@a.t - this is always a tricky position that men seem to suffer from partners who wish to remain in control of the decision making process when it comes to your children. Yes, your ex can stop you seeing the children if she chooses. If she does this, then you would have to take her to court in order to regain access, see link: When Your Ex-Partner Denies You Access, here to show the process you would have to go through. You could apply for joint custody at this point in time, however, it depends on how much of a fight your ex puts up and what the court decides is in the best interests of your children, which can't really be predicted. I do sympathise with your dilemma, and you would have to make the decision based on whether you are willing to let your ex continually have control or whether you wish to risk taking it to court to try to get your access made official. I hope this helps.
a.t 12/06/2015 at 8:31 am
I have 2 children with my ex. We came to a agreement that gave us both 50% of the children's time. I have them for 2 days then their mum for 2 days then back to me for 2 and so on. I don't pay her directly any maintenance but do pay £50 a week towards nursery fee's of which she gets 70% paid as she works part time. I mentioned to her that I wanted to get a joint custody order so I'm able to have my legal say, security that the agreement won't change and get a bigger property because we are in a 1 bedroom flat at minute. Too which her response was 'f*** that,you want to do that?watch. I'll get full custody and you won't be able to do s***'. Now I'm panicking of the thought of never seeing my kids again and this being put thru the courts. Just wanting to know what rights I have with just being on their birth certificates and nothing from the court's and if she could actually be allowed to stop me seeing them? Thanks
k&j 11/06/2015 at 9:32 pm
my ex has the children living with him(this was a mutual agreement not a court order) which is fine for the older children but my son who is 6 is not biologically his father as I fell Pregnant when we were separated 6 years ago but we reconsiled now we have been separated for two years and I'm getting married to my new prtner but he keeps making it harder for me to see him and saying my new partner can't have contact with my son and keeps withholding him even tho we agreed set visitation so i want to take him to live with me so is it ok for me to just take him and file for residency or do I have to go thru a court to get him even tho he is only his son in name not biological

Thanks
ChildSupportLaws Editor 11/06/2015 at 12:42 pm
@Aizan - I can't advise you whether you should take him to court in order to get custody, or whether you would be awarded residency, as that would be for the court to decide and is very much dependent upon circumstances, but it would be an option you could take. Mediation may also helps and it is a lot less costly, please see link: Mediation: What is it and is it For Me? whichI hope this helps.
Aizan 10/06/2015 at 12:05 am
My husband and I have been separated for one year now and we both decided to have equal shared custody of our daughter however because of his work circumstances he cannot be available in the evening and his partner is actually caring for my daughter. I work for company that is flexible with my hours and I can stay with my daughter on full time basis. I spoke to him about this but he is not willing for her to stay with me and see her at the weekend and shared holidays. Should I take him to court, would I get custody of my daughter?

Thanks
ChildSupportLaws Editor 05/06/2015 at 10:05 am
@Lucy85 - if your ex wants to see your daughter and she or you are not in favour, he would have to apply for a court order. It is likely that the courts would recommend mediation and Cafcass would get involved in order to submit a report to the court. The fact that your daughter is 13 means she is of a semi-responsible age and would likely be allowed to say whether or not she wanted to see your ex and her views would be taken into consideration, and if it actually got to court then this too would be taken on board. As far as custody/residency goes, you have this naturally anyway, by the mere fact that you have bought her up and the father has had little to do with her. It is highly unlikely that he would be awarded residency, so I don't think you have much, to worry about there. I have included a link: What Goes into the Cafcass Family Report? here which is from our Separated Dads site and which should help you further.
Lucy85 05/06/2015 at 9:42 am
My ex has never played any part in bringing up my daughter who is now 13yrs old he has only seen her a handful of times and the last time he saw her was a year ago. He has recently been in contact saying he wants to see her but she has refused to see him and wants nothing to do with him in the last 13yrs i have only had 5 payments through the csa off him which really wouldnt buy you a hot meal it was that little of money. Where do i stand if i went for full custody? would i get? My daughter does not want to be forced to see her dad to which she doesnt want to see.
TM2015 02/06/2015 at 8:40 pm
I have a 7 year old girl who has never met her father. When I found myself pregnant, he refused to have any contact with my daughter and tried to force me into having an abortion several times. After she was born, he refused to have any part in her life and threatened to take her away from me if I ever tried to get child support from him. Three years ago he finally did start making child support payments but still refused to meet her on the grounds that he couldn't put up with me. A year later, after finding out I had gotten married, he contacted me wanting contact with my daughter. I refused to let him see her due to his abusive behavior throughout the years and since then have suffered a series of threats. I contacted the police once and he was given a warning to stop. Three months ago the threats restarted and now he's saying he is taking legal action against me. Furthermore, he says he will go to the police to stop me from moving back to the USA (where I am from and where my child was born; she is not a British citizen). I intended to move back home once my work project in the UK is finished (sometime next year). My question is: does he have the legal right to either take her away or enforce visitation? And can he really stop me from moving back to the USA?
JT 02/06/2015 at 7:25 pm
I have a son 9 years old. I have had an on and off relationship with the mum for several years and finally felt the relationship in not good for me and left. I have always assisted my ex morally and financially but because she wanted me she presumably thought the best way to have me is to get me pay child maintenance. I pay £320 a month and for almost a year now I have not been able to see my son. She still expect me to buy things for my son which are in the range of hundreds of pounds. Whenever I request to speak to the child, she will tell me the child is not at home or is with a friend. I bought items for my son and she would not want me to give to the child and would prefer I meet her somewhere and give it to her. When the child was 2 years old we went to court and obtained parental responsibility. I have never passed a night with him since I left my ex 7 years. She would not allow him to come to my house saying no woman is allowed to give her son food or anything. Must I remain a bachelor in order to have my son pass a night with me? I do not want this child to grow up and find out that we had to go to court because of him. What is my next option?
ChildSupportLaws Editor 01/06/2015 at 11:14 am
@smig64 - I am sorry to hear this. However, the fact that he is moving 30 miles away, should actually work in your daughter's favour, if he applies for residency. Any court will always make the ruling as to what is in the best interests of your daughter, and will want to see that your granddaughter has a consistent and stable life, and will prefer it remains like that. The fact that her ex will be moving out of the area would mean that your daughter would have to change school etc and the court will always be in favour of the child remaining where she is. However, should your daughter be concerned that he might try to keep her child without authorisation, I suggest that she applies for a prohibited steps order, or specific issue order, which means that should he move out of the area, he is obliged through a court order to return her to her mother. If she is not entitled to legal aid, she can self litigate, see Bar Council Guide on How to Represent Yourself in Court, whichThis approach will take away the costs of expensive legal fees. In addition mediation is not a binding agreement, it would have to go through court for any agreement to be made official. I hope this helps.
smig64 27/05/2015 at 5:19 pm
hi my daughter and her ex split up 4 years ago. At first she had trouble getting him to see their daughter (always busy) but the last 12 months he's wanted to see her more and more. My daughter has been ver accommodating letting him have 50/50, no matter what he did or still does to my daughter she believes he should have contact for the sake of her little girl. She's only six but says she doesn't like going to daddy's. She never fusses so my daughter doesn't stop her from going. Now he's saying that he's going to move 30 miles away and go for full custody! My daughter is in such a state. We realise that the little girl is too young to make a decision but could he do this? My daughter isn't entitled to legal aid and when once enquiring about mediation she was told that there was nothing wrong with what was set up that it was very fair (alternating Christmas) and that mediation wouldn't be a binding thing anyway. He often brings her back late!
ChildSupportLaws Editor 29/05/2015 at 1:53 pm
@ajb1987 - this is always a tricky question to answer, but one we do get a lot. There are two ways of looking at it and that is to continue what you are doing, having your son over and splitting the care on an agreed basis. It may be that sometimes you have him more, if your ex is wanting to go out and have a good time, or sometimes less, dependent upon her frame of mind. However, I imagine when you have him much depends upon when she dictates you can, which always leaves you at her mercy. It means you don't have a concrete arrangement in place and she could withdraw it at any time. On the other hand, should you decide to go down the official route and apply for residency on the basis of what you have been saying, it might just make her react the other way become atagonistic and withdraw access, and then you would have to wait for the court to decide and that takes time. I'm not implying that might happen, but it could. The decision is yours really and we cannot really advise, except to say, I suggest keeping the relationship amicable for the moment and being there if/when she wants you to have your son. It means that should you have to go through any court process, you will have established yourself as a joint carer, which should go in your favour. You have only just split with your ex, so it is still very early days and emotions will still be quite raw and unstable, so it might be advisable to get arrangements on a firmer footing and things may naturally work in your favour. The only concern is if you feel that your son is being neglected, then you might need to react. Our Separated Dads Facebook page may help you also, as there are many dads going through exactly the same issues as you. I hope this helps.
ajb1987 27/05/2015 at 1:26 am
I am a father to a 3 yr old boy.About a month ago I left the house we resided in due to my ex always being out drinking with her friends and putting a strain on our relationship as I was in the house never knowing wen she would be home or Wat she was doing. I love my son and I see him 3 days a week now. He always wants to be with me because I have been there everyday of his life and frankly going out was my exes main priority. He doesn't like it wen i tell him he has to go home. I am still worried about her drinkin in the house with her friends whilst my boy is there. Both his grandparents and other people have told me my son is living in the wrong place and should be with me. I want what is best for him so we finally came to the arrangement that I have him 3 days a week. I pay for his nursery fees and clothes . I am considering applying to have my son with me full time. I was jus wondering if any one had any advice to whether I shud or jus continue with Wat I am doing. Thanks
struggling.mum 21/05/2015 at 8:39 pm
I have a 3yr old daughter and left her dad when she was 12months due to his drinking (he is an alcoholic) over the past 2 years his drinking has got worse to the extent he has tried to commit suicide on 3 occasions. He has recently had a fit infront of our daughter. He has never contributed financially and I have always said he had to have supervised contact with myself however he has recently bot been turning up or cancelling it. I challenged him about it and he basically said its al my fault. My daughter adores her dad and have always encouraged her to have a relationship however I am finding this hard to maintain as when she doesn't see him for weeks she asks about him or if I make other arrangements as he hasn't then decides to last minute I get abuse as he wants to see her or he turns up smelling of alcohol. I'm struggling with what I can do and what a should do.
daddy9 21/05/2015 at 1:47 pm
Hi i have a residency order for my daughter and i have been very easy on contact with her mother even though dhe is awkward my question is whos responsibility is it to make sure her mother sees her on days arranged as far as picking up and dropping off
Lauraxx 20/05/2015 at 4:34 pm
Hello, i have a little boy who is nearly 3 and since day 1 his dad has always walked in and out of his life. He doesn't call/message to ask how he is and has never payed a penny.He walks out for months at a time to go party or to hang out with his new friends. Each time he walks out my son is heartbroken and i am left with the awkward questions for weeks and when they stop and hes ok his dad is about to start it all over again, what should i do? I dont want my son to get hurt "Again" thank you
ChildSupportLaws Editor 20/05/2015 at 2:20 pm
@berty84 - your son is still too young at seven to be asked his opinion, so if your ex wants to take it to court, then it will be up to the courts to decide what is in the best interests of your child. However, the fact that you have given him a stable environment makes it less likely that the courts would want to remove him from your care. You could at the same time apply for a residence order which would mean that your ex might be able to have access, but you would have sole care. It would be in your best interests to get the residence order in place, as that means your ex cannot keep him from seeing you, if you are officially awarded care. It is better to get the care order in place through the courts if you can, than accept any mediation agreement which is not legally binding. I hope this helps.
berty84 17/05/2015 at 9:47 am
Hi guys in need of advise I split from my ex 6 months ago she up and walked out on me and my son she has not paid a penny towards support for him and not even seen him for the 6 months he never wants to speak to her and doesn't want to see her what rights does my son have and what rights do I have as she is now wanting to fight to get him back does he have any say in what he wants or is he still too young at the age of 7 I provide a home an education for him and everything else he needs
ChildSupportLaws Editor 19/05/2015 at 12:57 pm
@Sam - should anything untoward happen to your partner while you are fighting for adoption, she can put in place a guardianship request, please see article: Appointing Guardians in a Will here. I hope this helps.
Sam 15/05/2015 at 7:39 pm
My partner's ex was abusive towards her, and she has a restraining order against him for the next 8 years, with the exception that he can contact her in regards to seeing 'his' daughter. She is now 19 months old, and he has had no contact with her since she was about 3 weeks old, I have raised her as my own since she was 3 months old, and we also now have abother child together.
We are trying to have me adopt the eldest, but we are in the VERY early stages of the process. My question is, if my partner were to die, would I have any right to my eldest, or would her birth father get automatic custody? Bearing in mind he is also on benefits, unable to work due to mental illness, and has been taken to court on 3 counts of rape (not convicted), has spent time in a psychiatric ward, and has a documented history of substance abuse.
I have a well paid, full time job, have no arrests, rarely drink (even rarer to have more than), and do not take drugs.
Thank you all for any advice.
ChildSupportLaws Editor 19/05/2015 at 1:34 pm
@craig - you can, but you will need to give yourself ample time in order to get this heard through the courts. You can apply for a 'specific issue order' which will explain all you need to know. I hope this helps.
craig 15/05/2015 at 4:17 pm
I want to take my children on holiday but my ex wont let me as she says if I do it wll be reported as kidnap can I go to court to resolve this
ChildSupportLaws Editor 18/05/2015 at 2:49 pm
@CC - if you both cannot agree on the terms of when he sees your children, then it will be down to the courts to decide the terms of his contact order. However, you can specify your terms to the mediator, who would then relay this to the courts.
CC 15/05/2015 at 10:27 am
In need of some advise,
I have been separated from my children's father for five years two children 12 and 7.
He has only ever bothered with them when he wanted to many times just so they could see him I would allow him to come into my home to see the children which didn't work as he would only see them for 20minutes sometimes and as soon as his phone would ring would leave.
To cut along story short he ended up going to jail for four years and found out he had been taking drugs a very high level drug.
My daughter suffered through this and became very angry and aggressive towards me.eventually we got back into a routine then he was released and my daughter became angry again.i thought about my children and how much they wanted to see him so I made him aware that if he was to take drugs ever again that he would never see them again,well again he has so have stopped contact now I have received a letter for mediation.im sorry but unless he can do a drugs test to make sure he hasn't in the last 5months since stopping the contact and can do one every time he has contact with my children then I'm not allowing this to carry on.am I within my rights to do this as all I am thinking about is the safety of my children
ChildSupportLaws Editor 15/05/2015 at 10:04 am
@Shadrack - despite the fact that you are the father of your son, it is never a good idea to 'keep' him without authorisation from his mother. While you can legally keep him (if your ex doesn't have a residency order in place), the courts don't view fathers taking matters into their own hands favourably because of the upset is can cause. Plus, it can have repercussions on you if you don't go through the correct channels. I have included a link to Family Lives via the link here where you can speak to someone directly for some confidential advice, especially if you feel your son may also be at risk. You may also want to seek some legal advice about going through the courts to attempt to get a residency order. I hope this helps.
Shadrack 13/05/2015 at 11:26 am
Hi I have a 7 year old son who lives with his mother we have agreed to me having him on the weekends but when he comes he's dirty hungry and never has any clean clothes and the ones she sends him with are always to small he says she always fighting with her boyfriend and has just told me he saw getting punched and kicked and thrown downstairs I'm really really worried can I keep him with me when he comes next ?
Nick Editor 08/05/2015 at 2:16 pm
@Hayziie - this is a tricky question and the only recourse your parents would have is if they were very concerned for your child's welfare and perhaps thought your child was being neglected, in which case they could report it to Social Services. However, if she is just saying it as a form of bribery to get you to end the relationship with this guy, then it's unlikely she'd have a case and she is in fact being quite cruel by saying such things.
Hayziie 08/05/2015 at 2:15 am
Hi, this is a complicated but unusual question. My parents dont approved of my boyfriend. They are trying to fault him at every angle. Me and my boyfriend had our ups and downs and nearly split up but we got back together and the parents dont accept it. But my mum is saying if i got back with him she will take me to court and get full custody of my son (my boyfriend isn't he's dad) what rights has my mum got when i havent done nothing wrong but declare my love for my boyfriend??
JacobJo 03/05/2015 at 7:32 pm
Hi guys, need some advice. My husband walked out on me 6 months ago when I was 9 weeks pregnant, we also have an 9 year old son. He moved into his friends apartment, signed a lease and has also been in a relationship for a minimum of 3 months. I then moved back home to where my son was brought up as we had only moved to be closer to his work, 4 months prior to him ending our marriage.

He agreed that he can only take the 9 year old every other weekend from a sat-sun as he cannot afford to travel down to our house and I have no issues with this. We also agreed about christmas and the holidays as it was easier to have this all worked out now before the time comes. I have also stated to him that because I intend to breastfeed, he will be able to call in and see the baby once it is born and take the child on a sunday between feeds so he still gets time with the child.

He has since turned around and threatened to take me to court if I try and change custody or show any resistance to his new girlfriend meeting the children. I feel that he has me over a barrel and that I cannot even bring up child support to him incase he threatens to bring me to court or actually follows through with his threat.

I just need to know where I stand legally when it comes to this, as at the minute I live within 5 minute walking distance to all of my relatives and the child's school and a 10 minute drive from his family, whereas if he had custody of the children, they would be with a childminder from 10am-9pm as these are his hours in work and there are no relations or family members within 30 miles to his address.
Jay 02/05/2015 at 8:40 pm
just found out my boyfriends ex has been hiring herself as a prostitute while his 4 year old is in the house and even advertising on her website including this info. We're scared for her safety what can we do? They share custody
Toastie 30/04/2015 at 1:36 pm
3 children. Ages 15,12 and 8 years. Going through mediation. Unmarried.
Dad wants to see the two youngest children every other weekend from Sat 4PM - Sun 4 PM.
Then the other weekends he wants to take one child at a time Sat 5PM - 9PM. He is leaving the eldest out of the visitation agreement.

How can I argue against this. I am very concerned on a number of levels. Emotional manipulation of the children, isolation and triangulation. The children are not happy they believe they are a family and should be together. They would NEVER have a full weekend when they are a family together - one or two children would always be absent. Help advise please.
Stevland 29/04/2015 at 9:30 pm
My nearly 12 year old son wants to spend more time with me and sleepover 50% at my house and 50% at his mother's house. She has told him that he can't without giving a reason. I suspect that it is so she receives the maximum CSA she can for him. My son already sleeps over Friday and Saturday night without any problem as my ex-wife disappears off to her bf every weekend.

I am also closer to his school and only 5 minutes walk away from his mother's house.

How can I go about gaining greater shared care access without having huge legal bills as I have little disposable income because I already pay CSA for my three children. Is there anything my son can do as he feels he is forced to stay somewhere he is not happy?
Kate 28/04/2015 at 1:50 pm
Hi
My partner and i have my partners 2 children living with us it has all been privately agreed eith my partners ex and the children see her every other weekend, how ever is there a legal document to confirm the children stay here and the ex cant just decide one day to take them back? My partner does have 50/50 automatic shared responsibilty of the children due to the yrs they were were born after etc.
Maia Editor 30/04/2015 at 11:30 am
@Sami - if you can't agree between yourselves and you can't agree through mediation then it will have to go to court and let the court decide what it thinks is in the best interests of your child.
Sami 27/04/2015 at 3:15 pm
Hi I have a 8 month old her dad has just been in contact since she was 4 months and at 5 since we did a DNA test he was added to the birth, so I guess he has rights, he's been stressing me out demanding things and saying he's going to court but we went to mediation first and still didn't work he also took her over night when I didn't think he was ready but no since she stayed there he's keeps asking for more. Now I want this to go to court as I want proof if something goes wrong and it happens again! Am I wrong for doing this I have never stop him from seeing her but he doesn't like it when am there he wants to be on his own! Also he has not paid for anything but things for himself (for her) and he said he won't care he doesn't know what am going to spend it on so he wants vouchers
ChildSupportLaws Editor 17/04/2015 at 10:20 am
@Zoe1990 - A mother has parental responsibility for her child and is generally expected to become the parent with care, in the event of a separation or divorce. In general terms, an unmarried mother is deemed to have sole parental responsibility for her children. As an unmarried parent, it is up to you whether you want the child's father to be involved in her upbringing and care and whether you want him on the birth certificate or if you want him to have parental rights. If you do not wish this, he can take it to court to claim both parental responsibility and access/contact. If he has parental responsibility from the start, he has more rights over your child. Please see link of what parental responsibility means here. I hope this helps.
Zoe1990 17/04/2015 at 9:36 am
hi ive not had my baby yet but im afraid my partner might try to take the baby as i live with my mother he also lives with his mother but will probably get an apartment for himself we tried living together but i ended up leaving due to anxiety and panic attacks which is my basis for living with my mom i realised i was not ready and would rather raise my baby here for as long as i need so i can be a happy healthy mom to him but my partner is not happy about it and i think it will lead to our break up and im so scared he will try to take the baby away. i have no problem with him having baby on weekends and seeing him during the week but im afraid he might be spiteful the longer it goes on can he take the baby if im the primary care giver and live with my mom.
ChildSupportLaws Editor 16/04/2015 at 2:39 pm
@Busy - it's quite simple - you need to take it to court. There is no reason why you shouldn't be able to see your kids. Please read article; When Your Ex-Partner Denies You Access whichYou can also self-litigate, see here. I hope this helps.
ChildSupportLaws Editor 16/04/2015 at 2:14 pm
@Tracy - he can take it to court to try to enforce contact. I would wait until the correspondence comes. If he takes it to court, it is likely that it will be suggested that you undertake mediation first. However, mediation is a voluntary process and is seen as possible solution when you can't come to an agreement between yourselves, I hope this helps.
Tracy 14/04/2015 at 3:54 pm
My ex partner and i split 5 yrs ago we have 3 children who have always spent 3 days p/w with him and the rest of the time with me over the last year to 18 months things at his house have steadily gone down hill to the point were our oldest son decided he did not want to stay there about 6 months ago, i sid warn him that things couldn't continue the way they were but I have recently stopped overnight stays for the younger two as they have been coming home dirty hungry and with a strong smell of drugs on their clothes and belongings he has called me today telling me to expect a letter from his lawyer and I just wonder where do I go from here do I need a lawyer ?
1982 14/04/2015 at 10:34 am
Hello, I seperated from my husband in June last year, we hadn't been a couple since christmas but still had to live together due to financial reasons. When we lived seperately he asked if I was going to ask for CSA payments, I said no as long as his contributed in other ways ( i.e. helped out with clothing, school dinners ect), he said 'Good as I would quit my job first'. This upset me as I had thought he would contribute. The child benefit had been in his name since my daughter was born, I asked him to give it up so I could claim it, as she lived with me. After asking repeatedly for him to change it and give it to me (he kept the payments), I told him I was going to report him and accused him of stealing his daughters money, he paid it back each month. Since living seperately he has not contributed a penny to his daughter, I asked him to pay for school dinners (£8 a week), he said he couldn't afford this. He would see her on alternate weekends and one night during the week she didn't go to his for the weekend. I moved and changed my plans for him to see her as he never knew when his weekly day off would be. I have moved which now means that he sees her on alternate weekends, and school holidays. I think I am being fair, but he has started telling our daughter that she is going to live with him on a permanent basis - I'm scared to let her go to him as I don't know where I stand legally.
ChildSupportLaws Editor 15/04/2015 at 2:17 pm
@Hlrpsr- it really sounds like you could go around in circles with this one and that mediation, despite the cost, may be the right way forward. He does have to compromise, and as many mothers do, they have to find alternative arrangements for their childcare if they have to work.However, it is arguably more difficult at the weekends to find a childcare provider. I can't really give any advice on this, as it is such a tricky and subjective problem. You really have to battle it out between you or let someone else do it on your behalf.
Hlrpsr 13/04/2015 at 11:07 am
I am looking for some advise.. My ex partner and I can't agree on a suitable custordy arrangement for our daughter. We have tried to come to an agreement but still, 3.5 years later we are yet to find and secure something that works for us both. The main problem being that my ex partner works every weekend (or most) and will not agree to a arrangement that includes weekends. My argument is that I should be entitled to some weekends off. Dispite his work commitments. I have contacted a mediator and my ex partner had agreed to go ahead with this, but because of the fees involved I don't want to go ahead, if indeed it is unlikely that I will be able to secure some weekends off in the month. My question is, does his work commitments exempt him from weekend responsibilities or, can it be that on the weekends arranged, if he does have to work that he is responsible to put in place his own childcare? (as I have to when I work during the week) ..Any advise would be appreciated. Thanks
ChildSupportLaws Editor 14/04/2015 at 11:30 am
@tarra - you would need to take this back to court for breach of contact order. If solicitors have told you to will have to self-litigate then the page; Legal Aid Withdrawal: How to Represent Yourself, link heremay help you. Also, you may be able to engage the help of a McKenzie friend to give advice, see link; Using a McKenzie Friend in Court here. You may be able to get some initial advice from either a McKenzie friend and also through the Citizens Advice Bureau. If you can't find your ex, the court can issue a C4 form which is an application for an order for disclosure of a child's whereabouts. I hope this helps.
tarra 10/04/2015 at 4:17 pm
hi ya there
i am kinda stuck .. my ex husband has my son .. and there is a court order in place and has been for a few years now .. but the last year he was advised to stop contact without giving me any reason and im sure that i should have been told the reason why from the socilitors .. but i have tryed to get to get contact back ... i have no way of contacting my ex husband directly just through his partner via facebook and she has blocked me on every one i have used i have been trying for over a year now and every socilitor i have rung have told me the same thing that i have to do it my self i know medation is not gonna work because i went down that road and he never did the medation ... i was having regular contact with my son ... i was even going to stay were my son and ex husband was living at the time .. and my ex husband keeps moving house
my ex husband has moved 5 times and is moving again
i have tryed sending the police to the their door even tryed social services but got no were with them
i dont know what to do any more
is he breaking the court order by keeping my son away from me
and not giving me any upto date address and phone numbers
im really worried ...
Sam Editor 13/04/2015 at 1:46 pm
@Lottie - when one parent tries to oust another out, it can always lead to the type of arguments which you refer to here. You can try going to court to get more time with your son, but is it really fair? Your ex is obviously feeling emotional and may not want to try mediation if he feels he is fighting a losing battle. There are two sides to every story - but if you take it to court, it will be up to the judge to determine what is in the best interests of your child.
Lottie 09/04/2015 at 8:30 pm
I split from my ex partner 2 years ago, we have a son, we agreed at the time in mediation that he would be spend half the time with each of us on a 1 week on 1 week off basis. The relationship between us is very unpredictable and communication often breaks down causing a lot of distress, I have asked him to go to mediation but he refuses, I have gone alone but it seems court would be my next step. My son has been increasingly asking not to go to his dads each week, and although it is not terrible at his house I think he would prefer to be with me.
I feel he feels more relaxed and stable with me. I have a partner who my son gets on very well with and we have recently brought a house together. And my ex partner often makes life difficult eg threatens not to give him back, making it hard in school holidays for my parents to see him, sending a barrage of texts to me, arguing at the front door with me at change over causing distress to both my son and myself,and doesn't seem to think about what my son wants. I have tried to discuss this with him numerous times, and want to sort it amicably ideally mediation, but this does not work as he refuses to go.Would I have any chance in court of getting my son for more time so he has stability? As 1 week of not seeing each other is affecting him, and also is affecting his school work as there is no continuity. I do not want my ex partner not to be part of his life. My son is soon to be 8 years old. Thanks
ChildSupportLaws Editor 10/04/2015 at 12:16 pm
@Susan14 - you can either sit down agree between yourselves. If you can't come to an agreement, the logical next step would be Mediation. Mediation is used to settle disputes when the two parents can't agree. A third party (mediator) who is neutral will work with the two parties in the dispute with the aim of coming to a settlement agreement. However, mediation is voluntary and works on the premise that both parties wish to come to a mutual agreement. If you don't feel you wish to compromise then the next step is to either take the issue to court yourself, or prevent your ex from seeing your child which may force your ex to take you to court for contact. If it goes to court it will be left for the court to decide what is in the best interests of your child. On a personal level, it is always saddening on both accounts when a couple splits up and the child is kept from one parent. May this be the reason why he is turning to drink? He wont be the first parent to do this through being separated from his child or children and he wont be the last. Ultimately, it is always better all round to be able to come to a trusting mutual agreement, however these issues sometimes can't be resolved and invariably have to land up in court.
Susan14 08/04/2015 at 1:46 pm
Hello,

My partner and I are not married. We have an 8 month old daughter. She is breast fed and I plan on continuing breast feeding until at least 2 as recommended by World health org. Since she was born my partner has started to go to the pub more frequently, sometimes staying out until 6am. He started acting differently a few weeks ago and after calling him up on it said he isn't happy and doesn't want us to be together. I had been away from home for a while with our child due to construction work and he said all he had been doing was drinking. He said he is still continuing to drink every night (though I am not staying at home to witness this) he has requested to have our daughter for the day on his own. Since she has been born he has shown little interest in her. He is uncomfortable handling her and always hands her back to me after just a few minutes. I'm not comfortable letting him see her on his own as he barely knows him and has never been away from me for more than an hour. Also he keeps saying how miserable he is and how his head is all over the place and I don't trust him with her. I also don't trust that he wouldn't just run off with her. What right do I have in controlling visitation? He has also mentioned over night visits but I know this would be extremely distressing for her. Any advice would be very helpful. Thanks
ChildSupportLaws Editor 09/04/2015 at 11:25 am
@CW200 - I am sorry to hear this. I'm afraid we couldn't comment upon what chances your father has of custody, as it is impossible to predict. He would have to take it to court in order to let the courts decide on what was in the best interest of the child. There will more than likely be a Cafcass report, so the court will base its decisions around that and any other evidence received.
CW200 07/04/2015 at 12:39 am
So a bit of a complex issue, My dad has just found out that his gf who he has a baby under 1 with has been sleeping with my younger brother 17 at the time (his son). She did the same thing with him when he was 16, poss 15 but my brother refused to speak to the police and it was dropped, and my dad tried to move on (my brother moved back with his mum for a year). She is being investigated by social services, although as just turned 18 this week, they are pretty much saying they wont be doing anything...

It has also come to light that this woman has been manipulating the whole family, creating issues between all of us, saying things that we having said etc etc

So my response was to say I wont be going to my baby sisters bday as I dont want to see her or speak to her, and have shared a message she sent to my sister threatening that if my sister didnt stop me from sharing pictures and songs about lying she would send me all the 'horrible' things my sister had said about me to me...

This obversely didnt work..

So now she has txt me saying 'Just to say paternity is irrelevant. After today Arwen (sister) is not and never will be your sister. '

My dad wants to look at getting custody, but thinks he wouldnt get it.. but we have been trying to tell him that this isnt just a straight forward situation. The woman is deluded, and still thinks she has done nothing wrong by sleeping with my brother she is meant to be step mum to.

Any advice for this would be great, I don't want to loose my sister, she's under one and has already gone through cancer and had to have her eye removed last year. She needs her family around her, not a woman who is hell bent on creating drama and disgusting behaviour where ever she goes.
ChildSupportLaws Editor 08/04/2015 at 11:57 am
@Wilmax - if it is a family-based arrangement it is up to you how the payments are organised. However, if payments are deducted either through the CSA or CMS, then you need to inform either regarding the change in circumstance for it to be re-assessed.
Wilmax 05/04/2015 at 10:53 am
My children live with their mum (coming to me weekends and half school holidays , legally we have joint custody), I obviously pay child support, however my daughter hates her mums partner and has moved out to live full time with her grandma (still coming to me for weekends etc). Question is how does the child support work? Do I gove half the money to grandma or does mum pay some??? Any advice?
Just me 01/04/2015 at 10:54 pm
Hi, I separated from my wife some time ago and both my Children remained living with their Mother. As a result I have been paying maintainance. At separation we agreed the Children would be free to chose when and where they stay.

In the last three weeks my son, who is in his early teens, has essentially moved in with me. He's slept here every night and it appears to be a perminant decision. Does that mean I stop paying maintainance for him altogether?

My daughter is still living with her mother so I expect to continue paying for her. Is that correct?
Looloo10 01/04/2015 at 7:55 pm
Can you give me advice. My boyfriends ex wife has decided I am not allowed to be around her children when they spend time with their dad. This is because we had a break for a month and are slowly working thing out. Ex wife says she's taking it further and will stop him seeing his kids. Can she do this?
ChildSupportLaws Editor 01/04/2015 at 2:35 pm
@Annefabe26 - the courts are always very reluctant to take children from mothers and give them to fathers when mothers have been the main carers. So I would not worry there. If he has parental responsibility and agreed unsupervised access to your child, then he can refuse to hand your child back. You would then have to take it to court as there is little the police can do in this situation. If you are concerned about this then you could offer him supervised access, if he is unhappy with this then you can let him take you to court. The courts would then get Cafcass involved who would write a report based upon the views of both sides. But if your son is settled and happy with you then you really have little reason to worry. If you wanted to initiate things then, you may also be able to apply through the courts 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. If he has threatened to take your child and not give him back and you have evidence, then you may be able to apply through the courts for this order to be enforced. I hope this helps.
Annefabe26 30/03/2015 at 10:38 pm
I am a mum of 2 year old son and ex doesn't have a child support or maintenance, if he feels like giving, he gives but if he don't, he doesn't bother. We are not married. Ex had been emotionally abused me by texts or a word when he came around to visit my son sometimes recently. He also threatens me to get custody and I am scared because he has the name under my son's birth certificate. He wanted to get our son but I refused as I had no trust in him... He's an alcoholic, just graduated and have work now, lives with his parents they are all a drunkard. (Before when we're all okey) me and my son went to theirs for a family"s party by a train but One time I saw a weed pipe in their house. They all stink with weed/cigarette and they don't have a car seat for my son and ex dad was driving while he had a drink from a party, I complaint but ex's dad said I'm not a bad driver. So now, ex wanted to take our son but I won't allowed it cause of what I saw from his family.. My child could be facing a great risk and the fact that my son has asthma and he's a 7 month old premature. I don't think his lungs are properly developed yet, I couldn't bare the thought of losing him cause I cannot have kids anymore because I had a stroke when I was 11 and a heart disease since I was baby. It took a greater risk for me being pregnant... I had miscarried before but this child is a miracle baby.. It could kill me if something happens with him. I told ex I'm not gonna allow him to go unless I'm there but ex went ballistic and hysterical with me being a mother. Ex doesn't respect me at all as a mother neither as a person and he always humiliate me in front of his family. My whole world is my son and I poured my life over him. Ex doesn't even care if he's alive or not cause we went to emergency a bunch of times and diagnose with chest infections every time. I texted him when it happens but he just ignores it. What are the possibility of him taking our son? I'm so scared and depressed. I can't eat or sleep because what he told me taking my child.
ChildSupportLaws Editor 01/04/2015 at 11:37 am
@lion - I am sorry to hear that the relationship once amicable has become soured. I have no idea what would happen if you took this to court as it very much depends on the stance your ex wishes to take and what the opinion of Cafcass was, as it would have to get involved. Have you suggested to your ex that she takes your daughter to her GP in order to get her examined and treated? I think before you take the court route it would be better for it to be resolved organically, especially as you have had a good relationship up until now.
lion 30/03/2015 at 12:23 pm
Hi need advice...my ex & I split 2 years in which I moved on with my life. We arranged amicably with my ex to have my daughter 3 days a week and every other weekend (to also accommodate my ex working hours)i don't pay my ex as i provide food clothing toys has her own bedroom...when she has been in hospital i'm the one who has stayed overnight with her, my ex has also sent her to school when he has been very unwell. I also have flexible working hours & can work from home. I do contribute to other things outside in which she wishes to do but if my ex does not tell me so then i don't about this....to which my ex has now this week just decided she thinks that her welfare is in danger as she returns (as she says when she comes home from my house with sore parts..this is due from not wiping and my daughter has happily said so herself...i was wondering where i stand if i took her to court..
ChildSupportLaws Editor 01/04/2015 at 10:23 am
@Coffee - yes, you do have rights to say no if you are not comfortable with this. There are two ways to look at this; if you can't agree between you and if you think he may take her without your consent then you can apply through the courts for a Prohibited Steps order which 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 child or children. On the other hand you can just simply say no to him. However, he wishes to fight his case to take her abroad then he can apply for a Specific Issue order through the courts. These orders are sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. The order can cover a wide range of issues that you and your ex-partner cannot agree on. In all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. You would have to specify your reasons for not wanting him to take her abroad and it would be then up to a court to decide. In such cases as these quite often the courts will recommend you try mediation first to try and sort it out between you. I hope this helps.
Coffee 29/03/2015 at 11:08 pm
Help please. I need to know where I stand. My husband and I separated 6 months ago. We have tried to keep everything as amicable as possible and I have not barred him access to our two year old daughter at all. He sees her as much as he wants, whenever he wants to and is able to with his work commitments. He just dropped a bombshell on me and said he wants to fly to South Africa in June and he wants to take our daughter with him. I am not comfortable with this at all. My daughter has never spent a night away from me (her mother) since birth and now he would like to take her away internationally. I am so anxious about this and don't know if I have any right to say no. He is very forceful about what he wants and if I just say I'm not happy about it, he will not accept that as a valid reason. Do I have any grounds to say no? Many thanks for any help or advice you can give.
ChildSupportLaws Editor 01/04/2015 at 10:12 am
@lana - I have included a link to the Citizens Advice Bureau leaflet; 'living together and marriage: legal differences', here which explains your legal rights and covers most every base. I hope this helps.
lana 29/03/2015 at 10:55 pm
Help!!! I'm not married but been with my partner 16 years and we have 2 kids preschool aged.
I am leaving him but as house in his name I'm the one leaving and plan to take kids with me. He's very abusive and drinks too much. He's got a lot of money and property whereas I have zero. I wud stay if I thought I might lose my kids . Helo
ChildSupportLaws Editor 31/03/2015 at 9:57 am
@leanne - You would need to seek legal advice on this question, as it would be a complex case that would need to be dealt with through the courts.
leanne 28/03/2015 at 3:09 pm
I would like to know if my sister and her partner can get custody of my son who has cerebral palsy and I know that my son's dad is not looking after him properly but the thing is I can't have him as I am disabled my self so can I do that
nic 25/03/2015 at 8:02 pm
Hi in need some advice please I have two children age 10 and 6 with my ex who doesn't see them on a regular basis just when he feels like it he hasent seen them for 5 month but now he turned up about 3 weeks ago at his mum's where my children go one a week and told my children thay have to go with him at least one a week but thay don't want to go when thay told him this he told my ten year old he was taking her to cort and talk to his lawyer to make her go which has upset her alot I have try to reassure her this won't happen but I am not sure if he can make them go I would appreciate any advice on this matter thanks
AR 25/03/2015 at 12:28 am
Hi, I have 2 kids (one 3 years old and second 5 months). Recently I have separated with my partner - we were not married but he has parental rights. He is now in relationship with the woman I know and I do not trust - she is trying to stop drinking and have been in rehab, her personality gives a lot to comment, she swears in front of my kids and there are other health issues. I have asked my ex several time that I did not wish our children to have a contact with her as a temporary measure until I can see that she is clean from the addiction. My wishes are not taken into account and I am forced by my ex to see her. Recently he told me that he will not pay a child maintenance for the children and he will not come to see them until I accept her to see children - we had personal agreement for the child maintenance which could not be enforced by the courts Please tell me if I have a right to forbid her from seeing my kids and how to do it and if she has any rights to my children - I have been threaten that they will take children away from me.
ChildSupportLaws Editor 24/03/2015 at 11:57 am
@Jr - first and foremost, the court will decide what is in the best interest of your child and if you have given your daughter a stable and happy home for a good period of time, then any judge would be reluctant to change this. I wish you luck.
Jr 20/03/2015 at 9:01 pm
On the reverse side, being a parent who has full residency of a child and has looked after dd for quite some time, and given residency openly by mother who didn't want custody for "personal reasons", how do I fare when ex suddenly reappears claiming joint custody is wanted and demand through access center required? It is excruciating to see someone who cared so little, even refusing to spend mothers day with dd, to one week later claiming they want to go for joint residency? In the past she has asked for dd for two nights, which was accepted and then the second night I received a message claiming it was too much. I feel for my dd and don't want her to be messed around again. I also worry that like last time mother will leave my child with her grandmother (ironically similar to case above!) When I have maintained a healthy living home for her these past years. Surely the court wouldn't risk a child being taken from a routine and stability for a new plan where no evidence has been provided to ensure mother will keep up her arrangement. The scary thing is is the lies that she spins and they sound almost half convincing, that is of course unless you aren't the other parent who knows the truth.
Thanks.
Dan Editor 23/03/2015 at 1:49 pm
@L1695 - are you saying you don't want him to see your daughter at all, even through supervised access? If so it would have to go back to court and you would need a valid reason to stop him seeing her. Surely, if she is supervised, she can come to no harm. If it is a personal vendetta and that you want him out of 'your' life then that is a different matter.
L1695 19/03/2015 at 10:36 pm
I'm in desperate need of help!!

My ex and I were in a rocky relationship for 4 years. There was a two accounts of domestic abuse - i didn't report these incidents however social were informed and my daughter was placed on a child in need programme. He had supervised access at my mothers home. This came to an end when he breached the written agreement.

There was a pin notice in place for two accounts of harassment. Even now he still has emotional and verbal abused me calling me a stupid fat c**t and telling me I'm mad in the head.

He has history with social services when he was younger due to drug misuse. This is still on going.

I reported him slagging me off on social media sites and luckily have got screen shots.

Wondering where I stand for gaining full residency till she is older? I understand a child needs to know both parents however in this case I feel it's for both of our emotional and physical well being that he isn't included till she's older where I know she can at least look out for herself.
Thank you in advance.
ChildSupportLaws Editor 20/03/2015 at 11:41 am
@kb - I suggest that if she refuses mediation you take it to court, see link When Your Ex-Partner Denies You Access, here. While she may not be totally witholding access it puts you in a very precarious position never knowing whether you will see them or not. If you do not want to have the hefty solicitors costs, you can self-litigate, You may also find our Separated Dads Facebook site helpful as there is a lot of information on there from dads going through the same issues. I hope this helps.
ChildSupportLaws Editor 18/03/2015 at 1:59 pm
@osborne2602 - I have included a link to the Granparents' Association, link here which should answer all your questions regarding your rights. The Grandparent's Association has been working with and for grandparents to achieve positive outcomes for their grandchildren for decades and has grown into a thriving national charity, with around 1,000 members. I hope this helps
kb 18/03/2015 at 8:51 am
My ex partner is growing continuously un reasonable regarding my time with our daughters. Not willing too discuss anything and basically laying down the law.
Its got too a point where its gone from all weekend every weekend to alternate weekends for limited time.
have always paid CSA monthly, but in an attempt to "negotiate" a response i have considered switching too paying weekly.

I have contacted a local mediation service for help hoping they can get through too her she is not 'god'.
ChildSupportLaws Editor 18/03/2015 at 12:49 pm
@harvey - I am not sure what you are asking here. Are you saying the grandparents are taking your son to live with them? If so you can apply for a Prohibited Steps Order if you don't agree with this move, see our partner article in our partner site Law & Parents here. I hope this helps.
harvey 16/03/2015 at 2:02 am
ex has are son living with her and her parents. But she say her mum is controlling her know she saying that they moving mile away how do I stop them from taking him she won't stand up for her self so how do I stop them from taking him . She won't let him stay with me as her mother won't allow it I see him 3 maybe 4 time a week without her mum knowing I give her money for him.so I won't to now what writes I have ? he has my last name I am on his birth certificate
Ella Editor 17/03/2015 at 10:16 am
@Chez - it is hard to say, but if he is seen as a risk to the children then yes.
Chez 13/03/2015 at 7:06 pm
If the child's father is being investigated for rape of the child's mother and other domestic and family violence to that child and the mothers other children, would the courts grant a no contact order
ChildSupportLaws Editor 16/03/2015 at 2:46 pm
@she - I think we have answered this question previously; he has the right to apply through the courts for parental responsibility and contact/access should he wish to pursue this, if you denied him access. If he wanted to apply for residency he could, however if your child has a stable upbringing with you then he would be unlikely to be granted it. If he applies for parental responsibility and gets it he will also be liable to support your son financially - but this does not guarantee him access/contact.
ChildSupportLaws Editor 13/03/2015 at 2:36 pm
@she - he has the right to apply through the courts for parental responsibility and contact/access should he wish to pursue this, if you denied him access. If he wanted to apply for residency he could, however if your child has a stable upbringing with you then he would be unlikely to be granted it.
she 13/03/2015 at 2:33 pm
I am a mother of a two year old boy. My sons father has barely supported financially (£500 over 2.5 yrs) or with his time, seeing our son,at most, twice a month for 8 hrs. Also, at the time of registration, didn't want to put his name on the birth certificate. Still doesn't. What are his rights if he were to now look for visitation/custody.
she 12/03/2015 at 3:28 pm
I am a mother of a two year old boy. My sons father has barely supported financially (£500 over 2.5 yrs) or with his time, seeing our son,at most, twice a month for 8 hrs. Also, at the time of registration, didn't want to put his name on the birth certificate. Still doesn't. What are his rights if he were to now look for visitation/custody.
Martin the Organist 11/03/2015 at 8:07 pm
My partner (Female) has had ongoing drug and alcohol problems as well as quite badly managed Grand Mal Epilepsy. Recently she has been drinking heavily to such a degree that she becomes psychotic and utterly incapable of looking after herself, let alone our 6-month old. She has also been smoking crack cocaine, although despite my finding the paraphernalia and her violent mood changes, she refuses to admit. Today, her behaviour became too intolerable for me and too dangerous for our baby. I left the family home and went to the council to find somewhere safe for us to live away from her and her addictions. I was told that because I was the Father and because I am not in receipt of Child Benefit or Child Tax credits they would do nothing. Nothing at all! My partner had a seizure later this afternoon due to the volume of alcohol consumed. My question is really a cry for help. I desperately need to get me and my son away from his mother as she has had drug problems all of her adult life and her drinking brings out a very nasty side indeed. This lifestyle also has a very bad effect on her epilepsy (she knows and understands this but is unwilling to change). If she has a seizure whilst carrying our baby she will kill him. Without me around, she does not recognise the pre-ictal (The state immediately prior to a seizure) symptoms and so continues without realizing that our little one is in grave danger.
I have learnt not to trust our local social workers so really need some advice on how to make sure my son is safe. If I had an ounce of faith in their ability I would simply go to social services and explain that my partner’s lifestyle is making her an utterly unfit mother and that I am perfectly capable of looking after my son; and that I just needed help to get away and find somewhere to live.
If I leave on my own, then I really will have let down my son as he WILL be removed from my partner, besides which, I don’t feel it is at all safe for him to be alone with her for any length of time.

Please help both of us!!!!!

Martin the Organist
ChildSupportLaws Editor 10/03/2015 at 2:34 pm
@pump - You can apply for a 'residence order' through the courts which will determine where your child shall live based upon the information given from both parents. The courts will decide about what is in the best interests of your child. You don't say how old he is, but if he is over the age 11, then his opinion may be taken into consideration through the courts. Alternatively, have you thought about talking this through with your ex first? If you are on good terms, she may give you more access and residency without going through the courts if he is vocal about wanting to live with you.
pump 08/03/2015 at 8:55 pm
Hi I'm Andrew I have my boy every weekend talk him on all his holidays my ex has just had a nother bababy and she push him out and keeps asking me he want to live with me as we are really close what can I do as I want full custody off him
ChildSupportLaws Editor 10/03/2015 at 2:14 pm
@Alex - I am sorry to hear this. If you have no money and want to avoid costs you can self-litigate, please see link Legal Aid Withdrawal: How to Represent Yourself here . A lot of men are doing this with the help of a McKenzie friend, or on their own with good success, You may also find help in our Separated Dads Facebook page a comfort, there was a posting similar to yours recently and our followers offered a lot of helpful advice and comments. Please don't feel disheartened, you really need to keep trying, there is no reason why you shouldn't be able to see your twins. I also think a bit of counselling may help your depression and I suggest you see your GP who will be able to refer you. I hope this helps.
Alex 08/03/2015 at 5:25 pm
What help and advice can you guys offer me please? Am desperate and suffer emotionally and very depressed most of the time.Been to court four times now for me to gain access to my twins but the mother wont let me. Spent all the little I had and at the moment left with just nothing.

I really need help or if there is a charity that can help. She says I can only see my twins when them turn 18. How cruel is that when am alive and able to assist in all ways possible? The twins are just five as we speak.

Any good suggestions are welcomed please.
dasza79 03/03/2015 at 11:31 am
Hi,
In 2009 I got married and later the same year I gave birth to our daughter. My husband and I separated at the beginning of 2011, when he moved back to Poland. During the following years i got in touch with him in order to apply for our daughter's passport - each time it took quite a lot of time to get his written consent, mostly due to his changing circumstances and whereabouts.
My husband has not attempted to remain in touch with our daughter - he saw her last on the day I moved out, over 4 years ago now. He's not sent postcards, presents or tried to make phone calls. He's been always notified about our address changes. I have never pressed the maintenance matters and never received any payments from him. All this suits me fine as I believe his absence is beneficial for my daughter - he's a man of many issues, alcoholism and pathological lying in the lead.
Foe over 2 years now I've been in a relationship with a man who became my daughters father. She's dimly aware of an 'old daddy' existence, but this daddy is the one she and everyone else knows to be the real one. Adoption is planned.
Due to several reasons (international nature amongst them), the divorce is taking a lot of time. Now, that my ex has finally received the court papers he claims he won't agree to me having full custody. I believe his claims will not go beyond verbal - he's made several empty threats and promises before; he also declares he's been actively trying to gain contact over the last 4 years, which is a lie he can't even try to prove. Nevertheless - I am stressed. If the miracle happens and he actually decides to to fight for his parental rights - would he stand a chance?
My partner and i agree that our daughter will have a freedom to seek contact with her father later on in the future, when she's older. But getting him back in her life now would be damaging for her - she's gone through many changes recently, one of the main ones being the move from 'mommy and me only' to the 3 of us. She's also just started primary school, a bit of a shock to the system. She's an extremely bright and sensitive little girl, who truly does not need a selfish, egoistic, drunk and a druggie 'old dad' in her life just now.
I can't stand the very idea...
ChildSupportLaws Editor 04/03/2015 at 2:42 pm
@Nebra - I'm sorry to hear this. As your partner has parental responsibility, officially you would have to apply though the courts in order to take your child home. Please call the National Domestic Abuse helpline, link hereand they can advise you what to do for the best and whether there are any safehouses in your area that you could go to. I hope this helps.
Nebra 02/03/2015 at 6:25 pm
I currently live in England but i am from overseas. i got pregnant to my current partner within 3 months (after being told from a doctor i could never concieve). Our child is nearly 3. our relationship is over and i want to leave but i have no where to go. i have no family here and no real friends to talk to. all of my family is in my homeland and i desperatly want to return home with our child. The relationship has never been good, constant emotional abuse, but now it has turned physical. He threw me on the floor last night which smacked my head off the concrete ground. i only imagine it gets worse from here. but as i say - i have nowhere to go and i just want to return home. i am the main carer for my child and the one who does all the showering/meals/bed time routines/park visits/play times..i desperatly need help. im scared to tell the police incase they take my child from me and put her in social services which would kill me.
Ama 02/03/2015 at 2:46 pm
Me and my partner are splitting up but he want to take my child from me that's why I want to have full custody for my child as I am the one that buy clothes and any essential my child needs and keep roof over my child's headend pay the bills as my partner is a heavy drinker he keeps falling asleep on sofa and won't even wake up of my child screaming he rather buys a box of beer than nappies
Sam Editor 02/03/2015 at 2:02 pm
@shell - he can take you to court, but whether he will win or not is a different matter. If he has not been in your son's life and has just decided he wants to be, he can't come in laying down the law and expecting you to drop everything. If he takes it to court, then it will probably go to mediation first and they would prefer that you sorted it out between yourselves. But you don't really want him coming in and disrupting your life, so you can refuse to take time off work to do the trip. If it goes to court then it will be up to the judge to decide.
shell 27/02/2015 at 7:52 am
I am originally from scotland and i moved in 2010 to the midlands with my boyfriend and son, my dad does not keep well so i have moved back up to scotland to be closer to him. My Ex husband lives in oxford, so me living in the midlands made the journey time and distance easier for him to see his son but he did not take advantge of this and only saw his son for example maybe once or twice a year! he does not phone his son(who has his own mobile) or text or skype him, infact the last time he spoke to his son was xmas past 2014. Now he is wanting to see his son in the April school holidays which is fine, i have never stopped him having contact, but he is insisting i meet him half way at Harrowgate where his parents stay. i work 2 part time jobs a day, 9am-3pm then 5pm-8pm, one job i work mon-fri and the other i work 5 days from 7, he is now threatening to take me to court to force me to take days off my work to drive and meet him half way. can he do this?
Ellie Editor 02/03/2015 at 12:49 pm
@bob80 - well It seems a bit odd that on one hand you don't want to see your kids for a few weeks (because you have to decorate)? And then on the other hand you are wanting joint custody. I think if you have a court order to see your kids, you see them. The house can be made a home at any time and also what do us single mums do when we have to decorate? We would do it when they are in bed or when they are with us, we don't usually have an option, so this seems a bit lame to me. Have your kids when you are supposed to, a new home doesn't have to be perfect, it's you, not the house they want to see and kids always enjoy it when they are having to make do for a few weeks, there's nothing more fun for them then sleeping on camp beds or running around an empty house. Besides don't you want to involve them in the process of buying stuff for their new rooms?
bob80 26/02/2015 at 11:08 pm
Hi any help please,been difficult going from full time dad to weekend dad but since seperated ex has run up arrears on rent and couldnt get myself off tenancy due to this, finally managed to get things sorted so she accepts debt and now ive got house ive asked for a few weeks where kids wont be able stay over due to me needing to make house a home shes now threatening with courts. Ive tried asking for joint residency as i love my kids and want to be bigger part of life but not forthcoming. I genuinly believe kids would be more stable and have better routine if lived with me, im more financially stable and have family thats more reliable to help with childcare whilst working, any advice please?
Pete Editor 27/02/2015 at 10:07 am
@Lucy - this is a tricky one and can be seen from both sides of the story and your ex may view it quite differently. In some ways your ex may be trying to make amends, and trying to include you in his upbringing by inviting you to events etc, but you are seeing it as a threat. On the other hand, it is understandable that you want to distance yourself from this given you have moved on. The good thing is that your son is really old enough to begin to make his own decisions soon and whatever his opinions are can legally be taken into consideration from this age, should any court cases evolve from this. Perhaps you could say to your ex that while you don't mind him having access, you really want the relationship to between your son and him and you'd like him to respect your privacy as you now have another partner. In some respects it sounds like this is more about you and your ex, than it is about his relationship with his son.
Lucy 25/02/2015 at 10:37 am
Please advise my ex is causing my family much distress. My son is 11, we have been separated for 10yrs we were not married but his name is on the birth certificate although before December 2003 which means legally he has not automatically received parental rights. Until now he has been unaware of this as he chose to hardly see our son for the first 8yrs, instead choosing to travel and work. He has always paid maintenance although lies about his income to the CSA. For the last year he has been trying to see our son every 2 wks and takes him on holiday once or twice a year- all I have allowed for our sons benefit and to remain amicable. However I have since married and had another child and my son has taken my husbands name and my exes name is now his middle name, which my son wanted. We did not ask my ex as he has no PR and it was what my son wanted. Since having regular contact with my ex my son now says he is too scared to tell my ex about his name and I fear that he will apply for PR just so that he can force us to change his name back regardless of what our son wants. My ex has also started calling me regularly and wants to come to my sons events and come and stay where we live ( he lives 80 miles away) can he do this? I'ts already destroyed me allowing him to have as much access as he has and now he's threatening the happiness of our new family. He is a very manipulative person and my son has been made to feel guilty about not seeing him. My anxiety levels have rocketed and this is starting to affect my health again. What can I do? if he applies for PR I will fight it but I fear he will drag my son through the courts as he hates losing.
Kathy Editor 26/02/2015 at 12:29 pm
@Paul - it is up to you really. If you have an amicable relationship, you can agree to share the childcare between you as well as organise any financial contributions you both make. However, if you would like to establish a more official arrangement, then you could apply through a solicitor to have something drawn up or through the courts, which would ask you to go through mediation first. It generally only needs to go to court if one of both of you disagrees on an issue.
Paul 24/02/2015 at 2:32 pm
Hi, me and my ex wife separated 10 years ago and I have paid CSA since. We are now both in a better position in life and both agree that joint custody is now a better option. Do we still need to seek legal advice for this or can we simply apply for a court order?
markt211 22/02/2015 at 1:36 pm
I have had joint custody of my son on a weekend since July 2013. It was agreed that I would pay £170 a month in child maintenance even though I have him every weekend 2 nights per week. I work full time. Mon-Fri amd have my son Fri night until Sunday midday. Should I provide my son with everything that he needs? Nappies? Wet wipes cream etc? When I already pay that much maintenance? CSA calculator calculates I should pay £24 per week? Based on what I earn. His mam asks me for money all the time for gas and electric for their house when I dont even live there. On top of what I give already. Please help??
Carrie Editor 24/02/2015 at 12:36 pm
@bex1980 - You don't say why she gave away her parental responsibility, or had it revoked, which would make a difference. While she can take it to court, it doesn't mean she will get custody. The courts will be more interested in the best interests of the child and if her father has offered her stability and consistency then it is highly unlikely that this will be revoked.
bex1980 22/02/2015 at 12:06 am
a friend of mine has full custody of his daughter who is now 7 yrs old for the last 5 yrs he has had sole custody, the mother gave up her parental rights and sole rights over to him but now 5 yrs on she wants access and rights again can this happen? can she get a court order to see her daughter who doesnt even want to know her and is now scared due to no contact even via phone that this woman she doesnt know may take her away from her dad? what can he do in this situation? can she waltz back to court or in her daughters life?
ChildSupportLaws Editor 11/02/2015 at 12:28 pm
@tkhan - I would approach the CMS, via whichYou can contact its customer service line on 0800 988 0988. I think because this is such an unusual case you will be better speaking to someone who can advise you on the best route forward. If you don't want to give your name etc for fear of your ex finding out until you have decided what to do about this, you could also give Family Lives a call via the website here where you can get some free, confidential advice, as this may have to be something that would have to go through court so that you can obtain a full residency order for your child prior to approaching him for child support. I hope this helps.
tkhan 10/02/2015 at 9:55 pm
3 years ago i went through a divorce .i was married to my cousin. When the divorce papers came it stated that since we split my daughter has been living with her father...which is a total lie. I refused to sign and the arguments got heated up as famliy got involved and it turned to violence. It came to a stage i was forced and threated to sign the papers. So even tho i signed the papers my daughter has been living with me since. Her father diea not ask about her. I provide for my daughter and her father doesnt give money or buy her anything she needs.i later learned he only wanted me to sign it because he did not want to pay child maintance. I wanted some advice if i go for my daughters custody as she all ready stays with me, would my case be strong and how do i go about it?
ChildSupportLaws Editor 11/02/2015 at 11:28 am
@mal - what the courts don't want to see is a battle between parents. Their ultimate concern is over the welfare of your child and what is in his best interests including consistency and stability. As specified in the article changing a child’s residency arrangements is possible. However, 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. At the same time the courts are coming down heavier on parents who try and play cat-and-mouse by enforcing stricter orders and stricter penalties if those contact orders are not adhered to. We have a Separated Dads Facebook page which may be of interest to you, that offers supportive comments from fathers who have found themselves in the same or similar situations. I hope this helps.
mal 10/02/2015 at 5:43 pm
i am currently in the process of starting a residence order for full custody of my son, i have been travelling the country for the past 2 and half years now as i live in Sheffield and his mum decided to basically run off in the night to Torquay, where i see him now every fortnight some days would get two hours at the contact centre and have to travel back the same day, I challenged her and took her to court and with my son residing there it was held there, i went through and am still going through a nightmare even though the order was made but for some reason his mother thinks she's above the law i fought for my parental responsibility and got that,no name on the birth certificate though as my child shouldn't have my name, which i was told by the judge and clerk its only seen as a moral thing to do my answer was that’s his birth right, throughout this procedure i was full on attacked by those lovely court workers cafcass they tried everything they could to humiliate and destroy any sort of bond and relationship i would get with my son,i was accused of being an alcoholic which my GP wrote a very interesting letter to the courts about this after the cafcass officer Julian Bartlett requested i receive community treatment for my problems, also my employer made this man look the incompetent unprofessional biased fool that he was, throughout there is always going to be problems with the order as his mum is hostile childish and just basically uncooperative, i would just like some response on anybody who is or has taken the courts on to get full residency of there child children and what i am to expect
Beccs Editor 09/02/2015 at 10:51 am
@Diddy - I can see that it must be very frustrating for you because your ex has moved away. It really is something you need to work out between yourselves and if he was to take it to court, then it would be suggested that you tried mediation first in order to come to a mutual agreement. I know it seems unfair, but if you think of it another way, it would ease the burden for your son too, if you could meet at a halfway place. It's a lot of travelling. I know it might seem unfair, but we all need to make compromises when we split up. I had to drive from Manchester to Bristol when my ex moved to Cornwall in order to drop off my son. As annoying as it was, I still wanted him to see his father and I couldn't really expect him to drive for seven hours each way, it was just something I had to suck up! Beccs.
Diddy 08/02/2015 at 12:44 pm
Hi I need some advice I am resident parent to my two children, one of my children's fathers immigrated and has not seen his son for 9 years. My youngest is nearly two, his father left a year ago and moved into a place of his own in the same village. Access agreement between us was made for him to collect our son alternate weekends for the weekend and any other days at his choice. He then after six months decided to move away 4 hours down the motorway. I make our son readily available for access whenever he wants it and act as the full time resident parent. As it stands he sees our son 4 days out of a month alternate weekends and travels to collect on a Friday and returns on a Sunday. I also have full custody of my eldest son as stated before. My youngest dad is now threatening me with court as he thinks I should drive half way on his weekend is access in order for him to gain access to his son. He made the choice to move away from our resident village and county and I am full time parent to two children I need to know is this my responsibility to take our son half way??
Steve 06/02/2015 at 7:58 pm
Hi I have a 9 yr old son with whom I have a joint residency order since 2011. When I was in the uk I would have my son for one week every fortnight. For the last few months I have been outside the uk due to work commitments so have not seen my son. My ex agreed before I left that she would let him see his grandparents for 6 hours every fortnight. And she would make arrangements to let me see him during his breaks. She has refused to make arrangements during the breaks saying that she does not want to travel with my son as she feels that I might keep him with me. She has now also reduced the contact with the grandparents to 6 hours once a month. Can my sons grandparents make any application at court to see my son more whilst I am overseas? Also at what age can my son have a say in his preferred residence.
jkls 06/02/2015 at 7:27 pm
My wife and i split up in 2011 ,she met someone off Facebook and disappeared back to her homeland of USA
she left the kids with me aged 21,18 and 11 at the time,she told my 11 yr old she would be back in two weeks but never came back,she has never paid child support and has taken all our joint money that we in states
my now 14 yr old is going skiing soon in states and he has to use his USA passport,she now wants to see him,but in afraid she will gain a court order in states to keep him there what can i do thanks
mj 04/02/2015 at 11:44 pm
I have been separated from my husband for 5 yrs I deal with all everyday issues with my children. he sees them regularly. he has now asked to have them over night. they are old enough to make that diction 12 & 14 however he has treated to take me to court if I don't agree to him letting them stat with his partner if he has to go out
ChildSupportLaws Editor 04/02/2015 at 12:03 pm
@Mr SHAH - you may be able to go for a special guardianship order along with your son that can give you certain rights over your granchildren's development.
Mr. SHAH 02/02/2015 at 11:42 pm
my son was divorced by his wife few years back. he has two children, one daughter 5 years & 8 months & a son 4 years old. she was given the custody of the children & my son contact twice a week for two hours...my ex daughter in law re-married about 10 months back to an asian who was ill legal & later on he ran away from this country leaving his wife stranded in the UK..my ex daughter in law had panic attack or depression & she declared that she would wish to harm both the children, as a result the Police, Doctor & Social services intervened. both the children were given by the police to my son for care & custody, now my son wishes to apply to the court for the legal custody of both the children, however due to extra pressure on my son he wishes to apply for the joint custody, wishes to include me as a joint carer of his both the children & a divorce aunt , who lives with us as another joint carer for his children...the aunt & I both love the children enormously & we wish to help the son in looking after his children....can this application be made in the family Court?
ChildSupportLaws Editor 02/02/2015 at 12:10 pm
@Chan1234 - You can apply for a prohibitive steps order which can put a hal to your ex moving. 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. The court will take in to account what is in the best interests of your son, which included family life, schooling etc. Your child at 14, should also by now be able to have a say in the matter, if it were to go to court. I hope this helps.
Chan1234 30/01/2015 at 7:24 pm
If my partner wants to move 5 hours journey from me and take my child (who is against the move completely) I am also against the move as my child is reserved and struggles in situations to make new friends (there will bo family near) Is there any way that this can be stopped legally? My child is 14. Thank you.
Alex Editor 29/01/2015 at 12:22 pm
@Andy - whether any letter would stand up in court is doubtful. He can always come back to you with a counter-argument. All of these issues will be able to be aired through mediation. If your ex has had minimal contact prior to this through his own decision and not yours, then the courts are likely to favour the fact that you have been consistent in his life and are less likely to favour him causing disruption.
Andy 28/01/2015 at 9:47 am
Thanks for the link, is there anything I could put in writing (legally) first just to show he has had a chance but refuses my terms.
ChildSupportLaws Editor 28/01/2015 at 12:27 pm
@Iris - you could put a halt to letting him go with your ex and for the time being and perhaps insist on supervised contact. It would mean your ex could either agree with your decision which is made on the back of concern for your daughter's safety when in his care. If he disagrees it would mean he could apply for a contact order which would have to go first through mediation and then through court, from which you could voice your concerns and your wishes regarding him resuming unsupervised access. I hope this helps.
Iris 26/01/2015 at 11:36 pm
I have a 4 year old daughter who has regular contact with her father now. When she was around 7 months we left him due to taking drugs behind my back. I found out an till he got off them he was not aloud to have time with our daughter. He went though rehabilitation. And now I have found out he back on it. I don't want my daughter around this at all... And as she spends 2 nights with him every other week she will be subjected to it. Where do I stand on stopping contact till he has gone thought full rehabilitation again and I want at least 3 hair strand tests completely clear with at least 3 months apart befor I would even think about letting him have any contact again. And where would I start as to get ball rolling. Thnk you
Charlie Editor 27/01/2015 at 2:13 pm
@madhouse - you could take it to a family mediator in order to try and resolve the situation with your ex and perhaps come to some sort of an agreement. You could try and request supervised access. If your ex isn't happy then he will have to take it back to court.
madhouse 26/01/2015 at 2:42 pm
I have an 11 yr old with adhd and anxiety who has stated he does not want to see other parent As he does not feel safe there. Estranged parents partner just moved out. There is a courtorder in place. confused about what to do..
Andy 24/01/2015 at 10:59 am
No mediation as of yet. I want to be prepared but don't know where to start, my son says he isn't even bothered about seeing him but would hate this to come back on me in years to come.
ChildSupportLaws Editor 23/01/2015 at 3:03 pm
@Andy - have you been to mediation yet? It might be something you can bring there before you go to court. You can certainly make your worries known and you could possibly request that the court makes your ex go to parenting classes as part of the court order. I hope this helps.
Andy 23/01/2015 at 1:02 pm
Hi i have an 8 year old son who has had minimal contact with his dad, denied he was his for 1st 5 years and now wants DNA as being asked to pay CSA. I have agreed to the DNA and never stopped him seeing his son, only odd argument that has got in way. I have been attacked by his partner and harassed by messages. The thing is my son is currently going through referral process for ADHD (possibly anxiety) and i have worked so hard over the years with the school learning strategies to help my child. His father is now taking me to court for access but isn't prepared to learn any of this or go to parenting classes etc, I'm really worried about his impact on my son. What rights have i got over him??
ChildSupportLaws Editor 23/01/2015 at 11:15 am
@Caz - the fact that this is not an upset in routine and it is something that your granson is accustomed to should stand you in good stead regarding a court's decision. The courts will first and foremost look at what is in the best interest of your grandson and if you are prepared to do the commute and have already been doing it for some time, this shouldn't be too big of an issue. However, it is difficult to predict and court decision and much will be dependent upon the case your son's ex decides to put forward. But the courts are much more accommodating of a father's position since the introduction of automatic Parental Responsibility. I wish you best of luck.
Caz 22/01/2015 at 3:32 pm
My son and partner separated before Xmas. The have a 6 year old son. Due to the confrontational issues raised by his ex partner my son is now living with me 10.2 miles from his previous address. He has asked his partner to agree a parenting plan and to attend mediation & she has refused both. My son wants 50% shared residency order & to have his son overnight two nights a week and every alternate weekend and to share school holidays.She is refusing to agree to this purely on a financial basis and states the travel 15./20 mins would affect him. Historically my grandson has lived with us two nights a week from 6mths to starting school & his grandfather drove him to and from nursery and part time school from this address twice a week. He has attended mediation himself and paid for an hour of family law solicitors advice and the solicitor has basically told him he wouldn't get 50 % residency as the family courts are run by judges in their advanced years & that they would take into account the distance he would have to travel. At the moment he spends an extra hour at school each day at breakfast club and then time after school with a child minder.Surely a family court would see time spent with the non resident parent and his paternal family as a benefit. My son is now looking at seeking more legal advice and assistance that will help him obtain 50 % residency,
Tommy 21/01/2015 at 7:06 pm
Me and my girlfriend keep rowing she's pregnant and keeps threatening me saying that if we keep rowing I won't ever see the child we are both Young I'm 18 and she's 16 I have a job and she doesn't who would get custady of the child/ren
ChildSupportLaws Editor 22/01/2015 at 10:47 am
@Mary - I'm afraid if your husband does not agree and give you written consent, then you would have to take it through the courts and ask for permission. Your husband on the other hand could pre-empt you and ask for a prohibitive steps order if he thought you may take the children back to the US without his consent. Given the fact he has joint parental responsibility it would have to be assessed about what is in the best interests of the children - but that does not mean you woudln't get the go ahead, the courts will weigh up all the considerations in order to come to the conculsion they think is fair. It would obviously be better if the two of you could come to a mutual agreement on the situation. I hope this helps.
Mary 21/01/2015 at 11:30 am
Hello There, I am looking for advice on what to do if my husband and I separate. He is British but I am American and living here on a marriage visa, currently with further leave to remain. What happens if I decide to move back to America. I hate the thought of separating our children from either parent, but they would need to be with me, as I do not see any alternative. One child is 2 and the other is 4 months and breastfeeding. I appreciate any help you can offer on how custody works in this situation. Thank you.
Tomo 12/01/2015 at 5:02 pm
What do you do when you ex-partner is influenced & controlled greatly by her mother regarding the welfare of your child? My ex-partner's mother takes full control of the baby & tries to control my involvement too. I have tried speaking to ex on many an occasion but she seems to be so controlled by her mother that she will not take control of the situation regarding our our child whom I love more than life itself. Hence,my ex appears totally powerless when her mother is present. Because my ex lives at home with the baby I have contact when the mother of my ex thinks is suitable....I am a responsible caring educated father who works & provides for his child, although I have access, I am concerned about the process of getting shared responsibility as there has been so much arguing about my involvement & I am concerned that the animosity will end up affecting my child. I am waiting to get my name put on the babies birth certificate as the mother of my ex said I had to prove I was good enough father first. I have been patient & tried to keep things amicable but it seems without my name being on the birth certificate there is very little I can do, can anyone make any suggestions?
Sara 11/01/2015 at 5:05 pm
My partner is divorced and at the time his wife agreed that although she had custody of the two daughters she would be reasonable and allow good access to them on a regular basis, so nothing legal was written up regarding access. since the divorce she has not allowed any decent access to the girls and we are now in a situation that is so unfair and unreasonable. Is there any legal support that we could seek to make her give access to the children at all ?
abigail10yearoldgirl 10/01/2015 at 6:07 pm
Would many British women respect a father’s parental right? The mother is not married and knows that the father wants to see his daughter almost every single day. He lives less than one mile from him, and he wants to have a very good relationship with his daughter. The mother knows that the father wants his daughter to live with him and he has the skills to take care of her baby girl as a single parent and would be a very good father if she lets him.
ChildSupportLaws Editor 13/01/2015 at 10:15 am
@Abigail - I am not quite sure what you are asking here. But whatever he does in his job has no bearing on caring for his own children. Are you saying you want him to see his children less? If that is the case, the amount of time he sees the children should be able to be sorted out between you. If you don't want him to see them every day, then you should discuss a way around that which suits you both. You could also try mediation if you can't come to a decision. I hope this helps.
Abigail 10/01/2015 at 5:55 pm
Is this correct yes or no? In a United Kingdom a mother can make the father of her children pay child support and interfere with his parental rights, even if he is allowed to work unsupervised with small children in a licensed childcare facility. The father wants to see his children almost every single day if the mother lets him.
joeblack81 08/01/2015 at 7:39 pm
HELP. i had been told by my ex partner the mother of my two children age between 2 an 3 y/o that i am now being investigated by police and social service regarding my 2 y/o daughter.she say that they have contacted her and have made her stop me having contact with my daughter while i am being under investigated she said they going to vist her on fri 9th jan .i am very confuse about this as i not heard anything from them at all . bear in mind me and my ex do have a fall out every so often if she dont get what she want already she made my life pure hell all through 2014 making up storys and trying to break me down.just dont know what to think. i love my kids so very much and i would never hurt them in anyway i am very close with my children.
Rachael 08/01/2015 at 3:22 pm
I have joint custody of my 15 year old daughter who lives with her father in the UK. I live in Cyprus and want to see my daughter at half term (February 2015) but husband says no what can I do.
worried 07/01/2015 at 12:19 pm
My daughter is only 17 and is 21 wks pregnant. She split up with her boyfriend (19) because he was taking meat etc drugs and wanted nothing to do with it.and 2 months later found out she was pregnant. She is with someone else but her new boyfriend and ex speak. Her ex has tried tosplit them up. She told him that if he's on drugs when the baby is born then he won't see it unsupervised either by her myself or her dad. He is now sending texts saying that she's a drug addiction and seller and he has a solicitor and knows his rights and is going to take the h e b any off her when it is born. He says he's not taking drugs but his friends tell her he is even cocaine now and they have also told her he has seen a solicitor. My daughter doesn't drink or take drugs. When she found out she was pregnant she even stopped smoking. She definitely doesn't sell drugs. She has a good support network and lives at home with me so will have help and support when her son is born. He says drugs test will show he is clean but I'm not sure how long drugs stay in the system. She is terrified she is going to lose the baby. I font know what to do. Should I take her and the h e phone and register to h e harassment with the police.
richman75 04/01/2015 at 4:08 pm
Hi so my partner and i seperated in 2006, and my daughter was living with her mum and new step father until sept 2014. my daughter is 11 and was having a very unhappy time at her mums abode exhasibated to the point social services started intervieningwith threats of care placement. thats when she came to live with me, my daughter is now very happy living with me, we have just moved to suitable housing and she is enjoying her new school much more thsn her previous palcement. my daughter has special needs and obseity/weight gain is an issue that could affect mobility. recently on visits to her mums she has been weighed and it is infered that she is gaining an average of 3lbs every 14 days although my scales do not concur with that. this weekend her mum called me and told me if in 2 weeks i havent got this issue under control then she will keep my daughter with her. this would remove her from her new school and put her back in a very disfunctional home. now my daughter lives with me can her mum legally do this as it would be just awful. we are taking steps to reorganise diets and regimes .
I feel it is all down to money and her mum just cant manage to support her house without the disabiliity payments for my daughter and would rather put my daughter back in unhapiness for her own personal gain than see her develop in happiness and confidence
Rachel 03/01/2015 at 10:36 pm
My friend had a one night stand with a girl from England, he lives in the United States. He didn't want to date or marry her. She basically told him he'd never hear from her or the child. The child is now close to a year old and she wants child support. How do they calculate how much he'll have to pay and what are his rights to the child?
ChildSupportLaws Editor 07/01/2015 at 2:14 pm
@Azeez - Before you go straight in requesting an overnight stay can you suggest to your ex that you start seeing them more frequently, so that you can build up a firmer relationship with them with the hope of this leading to you having them overnight? It makes better sense that you approach it gradually, especially if you say they don't actually recognise you each time. I hope this helps.
Azeez 01/01/2015 at 9:37 pm
I have a twin with my ex..we are not married and our twin live with her...we both have been in for mediation and she let me see the kids once a week Cz that was what we agreed at the mediation..I dnt have my name on the birth cert at the moment but she made an agreement written by our mediator that she will add my name..Our babies are just a year and 1 months now..want to know how old can I start having them spend a night or two with me Cz every other week I visit it seems like a new visit Cz the twin don't seems to know who I am...I'm not having a good bond with my kids just like I thought I should and its not good for me...is there any law that states how old they have to be before I can have them spend a night with me.
Thanks
Sophielou 30/12/2014 at 9:42 pm
Is there a reason why my question was removed??
ash.ab 29/12/2014 at 9:47 am
My ex has moved over 200 miles away to Scotland with my daughter, she told me 3 days after she had picked up the keys and a week before she actually moved, I've always had regular contact with my daughter and always paid maintenance towards her upkeep, I am in a low paid job and have no savings so my ex said I would be able to use the maintenance money I normally pay her to use as travel fare one a month to go visit my daughter and she would alternatively bring her down to see me once a month as her new partner had a child local to where I live, but now she is demanding that I pay her the full maintenance and pay my own travel fare which I just can't afford
Harry H 28/12/2014 at 11:39 pm
In a nut shell:
I have 3 children, my wife whom I'm separated from lives with her parents in an overcrowded house. 4 adults and 3 children in a 3 bed semi. She's residing there as it was either that or hospitalisation (drug related) and now her parents are seemingly trying to assume the parenting role. I'm not welcome in the house and I have no say as to when I can see the children, I also have the same religious beliefs as the grandparents and attend the same venue but again I have no say in the children's teaching or training and I don't even know if the children will be there until after I arrive. No one communicates with me and I try to be reasonable but obviously get frustrated and would like to know where I stand in this regard as the father.
grandad 28/12/2014 at 6:43 pm
this must be a common one but I can't find the answer.
My daughter and son in law have at three year old daughter. The father has left the matrimonial home three months ago to be with another woman.
He has rented a flat where he would like his daughter to stay. His wife (my daughter) was amenable to this but now he wants to introduce the other woman and she is going to move in to the flat.
My daughter has been subject to abusive texts of this woman and is not comfortable with the child being with her, we also feel that this new partner is unstable. The husband says he is entitled to introduce the child to whoever he pleases when she is with him.
Is this correct? We believed that by leaving the matrimonial home that he gave up his rights and that his wife was able to control access and decisions regarding the child.
Your advice would be appreciated
Thanks
Tidy 28/12/2014 at 9:35 am
My husband finally left at the end of July after living a single life within the marital home since January. During the summer holidays he paid little maintenance nor had the children other than 4 days.
I forced the issue telling him his weekend to have the children making sure both he an the children knew when as he failed on two occasions to turn up when it was just between us.
He was the coach of our sond team so he would come on one night to train with him but did not make time for our daughters, he then came an took him training on another night again not making time for our daughters. He now only comes once a week to go to training as our son has changed team. He claims he can not get to us on a Friday to drop the children to clubs an collect our eldest from work as it's too much! So every Friday I drop the children to clubs an collect on one week an he collects the other when it's his weekend.
He did not have the children other than his weekend in half term.
Sinece October I had been asking what arrangements he wanted for Christmas. As I had not heard from him I said it would be the normal pick up time of the Friday. He could come Christmas morning to see the children. He then complained I was being unreasonable. Even though it was also arranged I would drop the children to see their half sister and auntie during the afternoon on Xmas day. He then said if he could not collect the children earlier he would not be collecting them until the Saturday. An also telling me that he would not be having the children New Years Day either. So in the Christmas holiday he has had them 1/2 a day extra even though he has been off work since before the schools broke up.
I don't think this is enough time with the children especially as he is now living with his girl friend and her daughter.
He sees nothing wrong in what he does. Before he left our daughter was looking to do an apprentiship an I said it was too far as transport difficult. He said he would help with picking her up. He does nothing, I have changed my work hours to drop her an then collect he each night.
Financially he gives me some money but does not cover everything's or the children. I have not social life an he has critics end me for leaving our 11year old with her big sister nearly 17 when I have popped to Tesco. This has happened a handful of times.
Is this right or fair on anyone other than him?
Popsey 26/12/2014 at 9:37 am
Please help me I've had social services in my life on and off for 2 years because of me drinking and domestic violence mostly on my part. There are reasons behind this. I've 3 children in October I had a bit too much to drink and my 2 eldest went to their dads and my youngest to my mums... My youngest hadn't seen his dad for 10 months. The father hardly gave me a penny for his son but he ended up going to get my youngest.. I spoke to my youngest every day and arranged to go see him he live far away.. When I see my baby he said he wanted to come back home, I videoed him saying so.. Obviously there's so much more to this story but I'm trying to cut it down a bit.. My youngest was so happy to be back with his family... Well that lasted 24 hours I got served a court notice and had 12 hours to return my son to his dad and I've got court Wednesday... Most of his statement is complete lies.. I can't believe I've had to hand my baby back please help me
ChildSupportLaws Editor 16/12/2014 at 3:14 pm
@ZVGH - Even though you don't have full residential access, you still have rights, meaning you could challenge it in court, especially if you have joint custody. Due to the fact the court always decides first and foremeost what is in the best interests of the child, you would have to argue/prove how the move would would affect her and your relationship due to the long distance, but also that it will disrupt your child due to a change in schools, disruption in routine etc, all of which could lead to you stopping or delaying the move or even obtaining a residential order. If you don't consent to the move, then it is up to you to challenge it. A solicitors letter from your ex's side doesn't mean you have to give consent. I hope this helps.
ZVGH 16/12/2014 at 2:02 am
My child is moving away and I don't know what to do. I currently have joint custody of my child (after much difficulty). When my partner and I split up 2 and a half years ago we decided between ourselves when I would get my daughter. This unfortunately didn't work as my days constantly got cancelled. I was told repeatedly that I couldn't see my daughter for the smallest reasons, such as talking to another girl. For a year I mostly did whatever she asked so that I continuley got contact with my daughter but as I have now been in a relationship with my current girlfriend for 2 years and live with her it became to much. I went to a lawyer and got a contact order so she could no longer cancel my days. This has fortunately worked as I now see my daughter 2-3 days a week (sometimes more) Although I still get constant abuse and stress from my child's mum, I can deal with that as long as I get my daughter. Unfortunately I have just been informed my ex's lawyer that her and my daughter will be moving an hour and a half away. Due to my schedule I will be lucky to see her 3 times a month. All her family and friends are here and I don't think she should be forced to make this decision at 6 years old. I think my only option is to try get full custody as if she stayed here she could stay with me mon - fri then her mum fri - mon. Keeping things as normal as possible for her. Any advice how to achieve this would be great!
Nick Editor 12/12/2014 at 11:54 am
@slm - I imagine if the social services have been involved and they have reports on his actions of domestic violence then, yes, the courts will certainly listen to you and take that on board. Also, he can't stop paying you maintenance, so you will need to follow that up in order to get that re-instated.
slm 11/12/2014 at 6:57 pm
Hello, I have two children 11 and 8. Me and their father split due to domestic violence. The final time I actually called the police however failed to press charges. My girls were interviewed by social services after witnessing what was done to me.He sees them on a sunday of which most of the time I have to force my eldest to go. He has caused me no end of trouble since me and my girls have moved in with my new partner, even though we have a lovely home and we have someone who looks after us.
He has stopped paying me maintenance, forced me to sell the family home, tried to have my car taken off me and is now threatening to take me to court to have my girls more often and overnight. He was always a heavy drinker and would take drugs regularly. As you can imagine I am extremely concerned about him having my girls anyway without an overnight thrown into the mix!
I have spoken to a solicitor who pretty much said if he wanted more access I wouldn't have a leg to stand on as I already let him see them once a week, the courts would consider him a good enough parent to have them overnight.
Please can anyone let me know if this is the case?
ChildSupportLaws Editor 12/12/2014 at 10:30 am
@SR - If you have parental responsibility and your ex wants to take the child to live elsewhere and it is not within an easily commutable distance then your ex will need to consult you. Shared arrangements requires an element of cooperation between both parents and usually needs a close geographical proximity for it to work. The further apart the parents live the harder it is to make sure that the children have a full relationship with both parents, which is theoretically in their best interests and the courts do recognise this. Should the subject become a bone of contention between you and your ex, then you would have some redress through the courts given your shared parenting status. Given the fact you have had a amicable agreement so far, then hopefully she will take you role in your son's life into consideration and the move won't be too far. I think the best thing is to broach the subject with your ex and voice your concerns and hopefully you will be able to work it out rationally between you.
SR 11/12/2014 at 2:03 pm
My former partner and I have been separated for 8 years and since this time we have cared for my son jointly and had mutual agreements over when I get to see him. I have paid maintenance for the whole time. My former partner has now decided that she wants to move out of the area so she can buy a bigger house, but has not defined any limit to where they are considering moving to. What rights do I have as a father to limit the distance they can move away from the current base?
ChildSupportLaws Editor 09/12/2014 at 2:48 pm
@rj - if only we all had a crystal ball with which we could predict the future, but unfortunately that's not the case and it will be down to a court to decide if you can't agree on it between yourselves, which as specified in the article is always considered the best solution. A residence order is the order which decides where your child will live on a permanent basis and also who they will live with and who will be your children's primary carer - anyone with parental responsibility can apply. Or you can opt for a shared residence order where your children can spend time living with both parents if this is practicable and in the child’s best interest (just because your wife is behaving as you say, it does not mean she doesn't love her children and deserves to be without them and a court won't buy into this either. Using children as a weapon from both or either sides is one of the main things that makes a separation most unhealthy and acrimonious). We also have a Separated Dads Facebook page where other fathers have voiced their own stories which may help.
rj 08/12/2014 at 3:23 pm
Hi I recently found out that my wife is having an affair and also fraternising with others men via social media including an employee of mine, I believe this has been going on for at least a year. We have 2 young children age 2 and 3, she currently stays at home whilst I work. I intend for her to leave our rented family home which I hold the tennancy for, the landlord is an old family friend also. She has 2 older children who's father she left for me so I am by no way innocent but this is the second time she has broken up her family with her affairs. I have reasonable evidence of her affair but want to gather something stronger before kicking her out. I will be changing my job from full time to just two days a week, on those 2 days I have support from my parents and sisters that live 2 miles away, the boys also go part time to school on those days. So I will have the family home, the support network and an income, do I stand a good chance of getting residency. I would also happily continue to house the 12 and 15 year old with me if thats what they wanted, she could then fulfil her ambition of being a 35 year old party girl who can go out whenever she wants and have as many men as she wants without having to sneak around. I know it sounds like Im very cool and collected but I can not fall apart until I have secured my childrens future, I will not allow them to be dragged around from one man to another or witness several coming and going from their house. Any advice.
gill 02/12/2014 at 12:43 pm
My son is 11 and while he has been staying with his father his father has not cared for his physical well being. He is now 15 and a half stone, cannot tie his shoe laces or wipe his backside properly. All he tells everyone is that my son has a high blood sugar level and basically he has to lie to agree with him. The Nurse that wieghs my son has been told the same and she is not allowed in the kitchen to go past the masses of food biscuits cakes and fizzy pop. My son wants to stay with me - and while there is no court order to say he should not be able to the other parent is very dominant. I currently fear my son is heading for a heart attack. Apart from this he is starting to punch walls and doors with his fists and hurting himself. Obviously the only way to release pressure.
I am keeping a diary of his dates with me, and liaising with the school regarding his behaviour and although I am willing and happy for him to be with me, I am concerned with the potential interference of the Father as he is a control freak.
evie 26/11/2014 at 9:12 am
My Sister and her ex husband got joint custody of my Niece and she lives with her Dad. Her Dad believes he is above the law and does not allow my Sister to see her Daughter every weekend and half the holidays as ruled by the court. He continually lies and has taken my Niece out of the country without permission. My Sister cannot afford the legal fees so is unable to take him back to court. What options does she have? The judge did comment during the court case that he was aware that the father was lying about many things! Can you please offer some advice because none of us are able to see her so she is missing out on time with her Mum and ?Aunties. Thank you.
klou 24/11/2014 at 9:24 pm
Please help. My partner has kicked me out of our home sand all my family live in a different city at least 3 hours away. My first priority is my son and he will not let me see him, despite the fact I have offered him joint custody. He finally agreed today after he told the police I kept contacting him, the police advised him that my offer of joint custody would actually be reasonable and he doesn't have the right to deny access. We do other have PR and he is not a bad father. But he is now ignoring me and to me this implies he is going back on his word. I do not want any maintenance from him. I just want my baby. Even if that means joint custody and residency. What should I do now? I have been staying at a relative about an hour away from the home so it is difficult and costs a fortune to travel back and forth everyday. I just want to see my baby and this horrible man is not allowing me to out of his own selfish, spiteful fun.
Mike Editor 20/11/2014 at 2:05 pm
@AMARN - even if it is formalised she can still go against any court order if the situation changes and she doesn't like it. She seems pretty agreeable to me, especially as she is willing to come and stay in your house when you go away on business trips. Sometimes you get better results if arrangements are made on trust and a mutual respect for each other and you might find she is not quite as accommodating if you try and apply for a residency order. But if you feel you need to to have it formalised I would take legal advice.
AMARN 20/11/2014 at 1:32 am
Hi,

My wife has moved out of our home 6 months ago and is planning divorce and is now living with another man. We have a 7 year old son, he is staying with me in our home, he prefers to stay with me.

My job is in London with flexible working option to work from home and in office based on business needs. I often have to travel on business trips, during my travel and when I commute to my office and return my wife takes care our son at our home.( she has access to our home).

I wish to know how this arrangement of me being the primary carer be formalised, does it have to be court order. In case of need to relocate away from the current place to place closer to my office, what will be the impact on any formal arranged. Am looking for formalised arrangement as I suspect the current mutual agreement may be unilaterally broken by my wife.
LCT 18/11/2014 at 1:56 pm
Hello. I am a British citizen living in Spain. I hhave a 15 month old baby whose father is Argentinian. I am looking into separation due to him being unfaithful. I have had legal advice here in Spain and they have said that if I wanted to move back to the UK the best way would be to start the legal proceedings in the UK as my son is British even though he was born in Spain. I was told if I were to start the separation proceedings here it would be very difficult to move bavk to the UK because of the custody rights of the father here in Spain. Is this true. What I really want to know is will I get into trouble for taking my son to the UK with the intention to stay? Thank you for your time.
ChildSupportLaws Editor 17/11/2014 at 10:59 am
@Ahmedpawlo. The courts will have your children's interests in mind when in deciding whether or not to make a residence order. Also, it will only award a residence order to you if it considers that it is a better alternative to making no order at all. The court will adhere to a welfare checklist with regards to the care of your children and how capable each parent is at meeting your children's needs. I hope this helps.
Ahmedpawlo 14/11/2014 at 7:06 pm
Hi I marred and have 3childern 8,11,13 years old my wife did runawy with them to apply for council house take them to shelter now I am waiting for court day to apply for residence order I hope to gat the children Monday to Friday for school and she can have them weekend iam asking for Monday to Friday because my wife she can't speak English and she not working to help her to study English and find work because to keep claiming Benefit for long term not good for her and as example for the children ?now my question I can apply for Monday to Friday ??by the way I am taxi deriver 15 years now I can work at eny time pleas I need answer thank you
nic 12/11/2014 at 3:17 pm
advice please my aunt died in august leaving her 11 year old who is now living with my other aunt my aunt needs to get parental responsibility so the childs father cant take her he has a very violent past with quite a few charges of domestic violence he is on the birth certificate but was registered before dec 2003 they were not married so im assuming he doesnt have automatic parental rights as it was before dec 2003 how is the best way to go around this as solicitors we have spoke to are confusing
Rae 12/11/2014 at 12:14 pm
My 16 and 18 yr old nieces live with myself and my family, their father lost Parental Responsibilty in court after the breakdown of my sisters and his relationship (due to his abusive nature). Since then my sister has moved to another country with her new partner. Now the girls father is threatening to go back to court to regain parental responsibility of the youngest child as their mother has left the country. She does not want this and neither do I! what rights do I have? Should I apply for some kind of residency order? Also can the father go back to court for the same thing he has already been denied? Regards.
Gaz 10/11/2014 at 6:59 pm
This weekend my ex partner and i had a row, as she intimated that i couldn't have access to my daughters birth certificate so that i could 1. Open a child isa 2. Apply for passport.
I was extremely annoyed as I have paid for my daughters holiday and i honestly see no reason why she should do this?!
Do I have any legal right to this document as I have PR and can I just directly request a copy of my babies birth certificate?

thanks Gaz
Sal Editor 10/11/2014 at 10:06 am
@Rfak - This is a tricky one given that you are also married and have a family and other children in another country. And she is in a relationship here, it's unlikely that you will be allowed to stay, even if she does name you as the father on the birth certificate. You don't give much information about your circumstances or where you are from. I do know thought that overstaying is a criminal offence and if you overstay for even more than 28 days you will not be allowed to apply for further leave to remain from within the UK, and you could also be barred from the UK indefinitely.
rfak 07/11/2014 at 4:03 pm
i am a overstayer student in uk. i am already married and have kids in my country. i met a british girl who is already in relationship with his boyfriend and have a child. now she is pregnant of my child. can i stay in uk and care for my child as father
JenT Editor 06/11/2014 at 3:14 pm
@Female Hudds- There are no legal rights regarding transport, it is really up to you to work it out between yourselves. But it might be time to put your foot down and say to him that it is unfair and from now on you will do no more than half the transporting.
Female Hudds 06/11/2014 at 1:03 pm
Just some added information.....

He has her every second weekend from Saturday until Sunday. He used to have her on Monday nights as well but that stopped when she started school last year. I did all the lifts then but still with no maintenance. I have always been to one to take time off work whilst she's been ill, also my responsibility to find child care in the holidays, he does have her when he can help out though, again i have always been reasonable and never complained. I just want thing's put down officially and come to an agreement that doesn't change, as all this is causing me and my own partner unnecessary stress and right now it's not in my child's best interest.
Female Hudds 06/11/2014 at 12:59 pm
Good afternoon,

I am currently trying to work to an agreement with my ex partner (we have been split for over 4 years now) regarding my 5 year old daughter. He hasn't paid any maintenance, i haven't asked, up until now. I also always used to do the dropping off and picking up of my daughter after access even whilst working full time, this changed last year and we then shared lifts (most of the times). We recently had a falling out as I had run out of petrol and was unable to collect my daughter (after dropping her off) and he refused to do it and then went on to say i always make it difficult, i'm a bad parent and threatened to apply for full custody (This isn't the first time). I have been more than reasonable with him to make life easier and better for my child, however i now feel like he has had an easy ride and is just taking the mick out of me. What are my rights? and where do i stand with the transport? we live in the same town but i am refusing to do it now as i have had enough.
ruby 26/10/2014 at 11:26 pm
hey guys I need some advice, my sister has an 8 year old daughter and a 4year old. my sister just got recently separated from her husband and are no longer together, she now has turned into something no one expected, shes bringing different men home whilst her children are upstairs, shel go out partying and leaves her kids alone at home asleep, she doesn't treat the girls well atall infact she is not there for them and she treats them like nothing. I am 20 years old married and me and my husband would like to take custody of the girls well we hope to, because my nieces are not safe there I am so stressed out I cannot sleep at night, I reckon the girls will have a better future and life with me and my husband, just want know how to do this or is it possible? please can someone advice me as soon as possible, thankyou.
gg 18/10/2014 at 8:45 pm
hello i have a son who is months, i am parting with my partner but she is from ireland and has no family in the u.k and is saying she wants to take my child back to ireland. what rights have? have i any rights to be permanently in my sons life? advice please. thanks
twig 04/10/2014 at 10:08 pm
Hi i have a quiere..my ex is taking me to court over my son whos not even born yet as he said im preventing him seein his son which im not. But hey children will be children. My concern is he lives in his wrkplace which is a residential home and i myself see.it as unsuitable for a newborn baby to be kept overnight...will the courts agree
Asa 04/10/2014 at 11:14 am
Advice pls my ex has finally been told by the csa tht he must pay 127 a week he has nw rang me and said tht he has spoken to them and explained he cannot afford this and offered 65 a week he says if I refuse this offer and make him pay the 127 he is going to take me to court and gain joint custody of our 4 children he said by doing this it will b months before I get any thing and will get far less confused as I need to decide on wt I am going to do
k.j.m 22/09/2014 at 4:48 pm
I have a problem with my friend..he is unhappily married to a polish woman and they have a 10 month old son together, if he was to leave her she would move back to Poland! But could he claim full custody of their son? Or would if automatically be the mother who would recieve full custody? Keeping in mind she has no family here to watch the child while she is working. Another question...if he was to leave her and take his son with him would he be done for kidnap as the child is not leaving with his mother? I need all the help and advice I can get! Thank you in advance!!!
Beltonbetty 21/09/2014 at 4:13 am
No it is not compulsary( law) toi name dad on birth certificate if not married .i and my late mother gained contact orders for my nephew during my brothers case ,mine on the basis of my childrens and his needs and rights to know extended family.i also have access to my ex stepson as was in life for over six months and i have full custody of my useless sisters grandchild whose mother dumped him at hours old and never visited.she pleaded pnd as reason and tried to reclaim once potty trained ,walking and talking i fought her and her social worker as i knew she only wanted his benefit for his disability not him,thankfully the judges at 3 courts agreed.she said she would visit but guess what? NOT ONCE......
wolfie 16/09/2014 at 2:59 pm
Hello. My daughter had a break down two years ago, following the break up of her relationship. She also lost her home, and her former partner took control over the care of her two children, however, he is the natural father to the youngest. He gained a residence order over both children, to prevent the eldest going in to care. However, he made no attempt to contact me at the time, and he took me off his friend list and blocked me from social media. My daughter was in no state to provide that herself, as she was in a difficult situation. She has made a lot of progress with her health, but it is being hindered by the criticisms and negative comments that are coming from his side, and he his reluctant to go to mediation with her. I want to have access to my grandchildren, I wish to do it in an amicable way,as I now have his contact details. What happens if he refuses access through personal means or even mediation? Do I have more right to my eldest grand daughter as he is not her natural father?
kez 03/09/2014 at 5:24 pm
I just need advice me and my sons dad have been split for neally two years he started having my son once à fortnight for the weekend then suddenly dropped he didnt bother with my son for the first 10 months of his life he Had recently started having him on weekends but Had been very voilet towards me i have rang the police on a few occasions but Nothing ever happens as he denys It and makes me look like am lying Just First he has booted my foot and pulled my hair i am now getting death threats Hes always Losing his temper and blaming me for everything that happens in his LIFE he hasnt paid a penny my son is now 2 and when he decides he wants him i have to provide everything for my son or he would go without due to his farthers Cannabis addiction i cant Live like this anymore i have to lock my door Just so he cant get to me i have give him Chance after Chance with out son but all he does is say Hes taking me to court unfortunatly i dont have money to Do this Its like a living nightmare what van i Do please help
Viv 29/08/2014 at 12:39 pm
My daughter 's partner has been very irregular with his payments; up to 8 weeks in arrears at times. He has just told her that his payments have been recalculated at a much lower figure, and is claiming that she should pay him back everything he has, in theory, over-paid since last October.
Does she have to give him this money?
mirza 29/08/2014 at 10:47 am
Is this law is under practice in court of Uk?
tntnt 26/08/2014 at 7:13 am
My husband had an affair and moved in with her i allowed him to take our 17month old daughter there from day one and always went out of my way to make sure he saw her. He has swapped the days he sees her so many times now - at least 4-5 and i have done this with no problems or complaints. I have offered joint custody as he is currently not working which he did for 2 weeks then changed his mind and went back to alternating weekends. I have now decided i would like to join a club but requires me to swap my weekends with him. He has obviously said no and threatened to take her if she interrupts my life! How do i get my days swapped over? I find it unfair and so selfish of him as i have worked with him and helped him with his visits when needed and now i ask its a bo
wildnwicked 24/08/2014 at 5:42 pm
hi my son is 17 has ADHD and has been living with his dad since he was like 4 yrs old I have been in his life all them years, but recently me n my son have become close and as a result he has now moved into my home with me , what I want to know is there any way of his father making him physically move out of my home ??
TheLadyP 20/08/2014 at 12:20 pm
My son is now 17 and his father who is a CEO and earns a lot each year will not pay CSA. He pays minimally to bailiffs every time a court order is made but still owes over £17,000 in arrears. This accumulates as he will not pay regular maintenance unless a court order is made and bailiffs are involved. My son would like to take his father to court for this sum and holidays missed etc. is this possible? Any advice would be much appreciated. Thanks
croc 11/08/2014 at 11:17 am
Please can I ask at what age can a child legally contact they're other parent without parental consent from the live in parent?
shan 04/08/2014 at 10:08 am
hii, I have a 2 year old little boy and I am seprated from his father, I was wanting some information on what I can do if I die..i was wanting to place another gaudian in place to have my son as much as I would and still see his dad on a weekend the gaudian would be my brother and his partner I would love to no if this is possible and what I would have to do to get it done
Tosh 01/08/2014 at 2:54 pm
My daughter is pregnant the father being her boyfriend of 4years. He says if she has the baby he will leave her but wants 50percent custody of the child . He will be unable to look after a baby but I wonder if he says this so he does not have to pay maintenance .
Saif Ul haq 30/07/2014 at 1:15 am
I lived with my uncle at the age of 2 when my dad died and now I am 13 but my mom is trying to take me back and I do not wont to stay their I have ADHD and she does now work and she marred again and my sister that has the same dad as me she lives with my mom and she treats her like a slave she makes her look after the new man kids and clean the floor and they hit her and cleen the toilet when she be laying down I never lived with her and I don not onet to live with her and my sister don't wont to live with my mom but she scared of my mom she hits her and cuts her with nudes
Rigs Editor 28/07/2014 at 12:29 pm
@Neil, you have no legal rights to your cousin's baby. You could argue in court against his grandparent's but it is unlikely you would win. The fact that the grandparents won't quit their job to care for him is irrelevant as most people work and care for their children at the same time. Are social services involved?
neil turner 27/07/2014 at 11:58 pm
What legal rights do i have to my cousins baby. The childs mother is on drugs and my cousin does not want hhim.. if i was to fight in court for the child what would be the chances of winning against his grandparents whom both would not quit there job to care for him.
debs 12/07/2014 at 2:14 pm
Just wondering I have moved to the united kingdom i am a british citizen and have a british passport i lived in ireland for 7 years and now moved back to england for support of my family as i am 8 months pregnant, the father still lives in Ireland but never helped me along the way of this pregnancy. Can he be still order me back to ireland after the child is born? or take me to court in anyway?
chrissy 30/06/2014 at 1:12 pm
My son was in a relationship with a girl for three years, in that time they had a son which is now 2. The girl was very destructive and controlling constantly throwing fits of rage and trashing his house, she would also call the police and press false charges on my son (which was never founded} she would then apologize to us and
say it was because she was angry and we should put it in the past. After more of the same things happening the police saw her attacking his car and arrested her.
My son no longer wants to be with this girl and wants to joint custody of his son as she wont let him see his child, he has a CSA letter once again as she was claiming when they lived together and cancelled it. What are his rights and how soon can he see his child
andrew watson 23/06/2014 at 7:17 pm
well been reading a few comments and i will get into my own story after answering one lady with her 16 year old. no this non legal farther dose not have any rights what so ever when it comes to forcing your little girl to see him. and its 14 she can decide this not 18. if she is not happy she dose not have to go at all.

ok my prodicament i split with my ex years ago and signed over a 150000 house with 15000 left to pay on it. and gave her £500 a month for 3 years till she met another guy.
i then payed £350 a month i have recently started renting a house out and she is starting to look at gaining a share of this. i have my girl at least 2 times a week.

is there any way of getting joint custardy where i don't have to pay her anything and go halts on everything for my girl. i just hate greed and think i have been a lot more than fair with her or is it just me ????
s j 22/06/2014 at 1:51 pm
Hi am just wondering my childrens father is taking the children for 2 weeks over the summer and is asking to borrow things for there holiday?? I am also taking the children for two weeks and have not asked or expected him to provide for this holiday is it down to him as a parent to provide clothing and stuff for his weekends and his holidays he has planned?????
Tracey Aird 11/06/2014 at 10:48 pm
Courts in Scotland now let children into court as young as eight if seen as mature enough it used to be 12.
If you are fighting to either see your child or for custody some advice keep in regular contact with your lawyer try and take someone with you,do not get into any trouble with the law never slate the absent parent to the child.
Courts must take the view of the child into consideration but may not act on it.
Try and better yourself do a course or get a job,If you have parental rights you are entitled to go to parents night at school get copies of school photos most importantly keep in touch with lawyer at least fortnightly stay away from drink and drugs and watch what you say to people about your case.
Been going through this for eight years yes its heartbreaking and difficult.Never ever give up.T
fidgetpants 21/05/2014 at 10:37 am
My question is, at what age can a child make their own choice on visiting their absent parent? My daughter is almost 16 and has been visiting my ex eevery other weekend with her sister. He is not her natural father, but she always called him dad and was happy to go with her sister. Now however she's no longer happy to go, he's very down on her, gangs up on her with her sister and constantly pressures her over social media to talk to him when she's at home. Does he have any legal rights since she isn't his child? I always let them both go, believing it was in their best interests to keep some consistency in their lives, but nowadays it just makes her unhappy. I've told her when she's 16 I'll leave the choice to her, but when she mentioned it to him he said 'no 18'. Is there any defined age at which they can choose? Thanks.
Ignus 16/05/2014 at 8:59 pm
Mum and I are separated and has stopped our daughter from seeing her maternal grand parent. Also not allowed to talk to her if she sees her. This is distressing our daughter and she wants to live with me and or be able to see her grand parent. This has occurred as mum has personal issues with her parents. Mum refuses to communicate. Please give some advice about what I should do next.
Jon 15/05/2014 at 1:23 pm
I am worried about the welfare and well-being of my children.
I believe their mother is having a nervous break down.
She has uprooted our children from their loving family home where they are happy and settled in school. Completely abandoned the children s home in Maidstone, Kent , dragged my son out of school just to move in with her new boyfriend in his one bedroom flat in Beckton, East London, which is overcrowded, unsuitable living conditions and my son still isn't in school.
She doesn't care about the affects this may have on my children mentally and emotionally, taking them out of a routine that they are used to, its all they have known since they were born, now its just suddenly been stripped away from them. She is selfish. Her new boyfriend has also been threatening me and making me feel intimidated to the point where I now feel too scared to go and pick my children up to spend time with them, as I believe he could be dangerous. And that is another thing worrying me about my children being under his roof too. I have been the father AND mother to them, i changed the nappies, i cooked the meals, i done the school runs everything. The mother is more worried about spending the benefit money on clubbing and shoes, I just want my babies back in a safe environment, they have now scrapped legal aid for these types of matters so i feel like i am stuck, any advise would be appreciated, please help, thank you.
Lulu 12/05/2014 at 2:43 pm
Hi, I'd like some advice please. I have a 5 year old son who i have always had parental responsibility for. I split with my ex when my son was 4 months old due to his behaviour and the unhealthy environment of living with him. I also found out at this time that he suffered from bi-polar disorder. His treatment of me was awful, not violent but psychologically abusive. Having my son was the turning point to realise my son and I deserved better. For months he was uninterested but then started to see my son. When I started to see a man he became verbally abusive and would also push things through my letterbox (such as smashed up items we had previously bought) would stalk me and my new partner until it came to breaking point. After he started sending me abusive sickening texts I stopped contact. I agreed to let him see my son again on the grounds that he would be civil at all exchange times. A year or so passed and my son confided in his teachers that his father had told him that if he was naughty he would kill me. This upset my son who was 4 at the time and this time the police were involved. He denied it. The latest event amongst many others (such as teaching my son that it is ok to steal from a Supermarket and then encouraging him to lie to me!) is that he was arrested on suspicion of rape and he tried to commit suicide. I immediately stopped contact for fear of his mental state. It has been 2 months since then and he has reared his ugly head again asking for contact. He has been cleared of the rape charge but i am still very amxious about his attempted suicide, his general state of mind (I also believe he is on drugs) and his general role model capacity. Please help.
jimbo 03/05/2014 at 4:25 pm
yes i totally agree social services have not got a clue about child welfare half of them have no children of their own and have no idea the state a parent can get into when children are taken away and they are powerless to help and i strongly agree a child should decide once they can talk for their selves
jimbo 03/05/2014 at 4:15 pm
at what age can a child decide who they want to live with i have a friend who s children can choose when they are 9 and another who s children have to wait till they are 16 but all these children want to be with their mothers how can a court decide a child knows where it is loved and once they can talk should be heard
Les 02/05/2014 at 8:49 am
Please can someone tell me at what age can a child decide with which parent they prefer to live with - my ex husband is trying to get my daughter to live with him because I had one argument with her and told her to pack her thing and live with him if that is what would make her happy - I regret the words but teenagers have a way of getting you to say things. Please I need some advice on where to go... her dad refuses to speak with me and insists that he does not want her to live with me because I basically kicked her out - this is what he has said to her and not me....
Establisher101 19/02/2014 at 10:40 pm
Hi, my partner is trying to distinguish the outcome of a court case over her ex (the father of her 2 year old son). He has been abusive against her and her son in the past and has several reports of theft against her and even fighting with her family members. They both live some 200 miles apart. Him with his parents, where she has her own place with her son. He has only ever been alone with his son once in which he locked him away as he stated "was unable to cope" and also slammed her sons fingers in a toy box. Since this incident, she has made it her primary need and concern to observe her son while he is around constantly and never leave them alone together. Although, she is also unsafe around him. although reporting most of these incidents, how would this stand in court? She has no criminal convictions etc. although as a child she had some issues, though these have been resolved for over two years. Any advice? thanks
jan 19/02/2014 at 3:43 pm
My son ex girlfriend as had my son baby he wants to be apart of his son life and support him but his ex doesn't want him to. While she was carrying his son myself and son paid for lots of baby stuff which she accepted .But we have also found out she as had his son registered and the baby as took her name and she has not put the father's name on it. Is it the law for her put my son name on the birth certifcate and does he have any rights
Larry 21/12/2013 at 9:09 pm
My ex applied for an order while i already had custody papers going through the courts, she was set a date for first hearing but failed to serve me the papers and the court granted her order because i didnt show, does anyone know where i go for help here, surely this shouldnt be allowed?

many thanks in advance
MiniMee 19/12/2013 at 11:47 am
I wondered at what age can a child legally decide who they want to live with, is it 16?

Thanks
Henry 29/11/2013 at 2:09 am
Anyone knows about the profile or background of author Anna Martin? I googled her but dozens of Anna Martin popped up... Thank you.
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Puff 20/11/2013 at 8:27 am
My son is struggling to cope since his partner left, taking their 2year old daughter with her. She has moved in with her father, 330 miles away in Scotland. We, his parents, had booked a holiday at a Haven site in October, my son was not allowed to take his daughter away with us for 7 days. Last weekend we all travelled north to visit. The trip cost £350, including fuel and 2 nights in a cheap hotel. After a lot of disagreement my son was permitted to take his daughter out for the day. When we left her later, her screams to be with Daddy were awful. The next morning before we left, my son again was not allowed to see his daughter just for an hour, because they were going out. His ex had disposed of the balloon given to the baby at lunch. My son wanted to discuss spending time with his daughter over Xmas, wanting to her bring her home for a week over the holidays, again NO! My son has been left with huge debt, she complained constantly about wanting the best of everything, refused to shop in Aldi, preferred M&S. She took as much from the house as she could, including the bedroom curtains, the vacuum and the Xmas decorations. I have paid for legal advice, to be told English solicitors have no jurisdiction in Scotland! I am at my wits end, worried about my son, and worried about my granddaughter. She adores her daddy. Reading these posts hadn't helped, it seems the law is on the side of mothers sponging benefits, not law abiding, hard working Dads
marze 26/10/2013 at 3:15 pm
Hi i have an 8year old daughter with my ex that i split up with 5Years ago.he moved to the uk about 4years ago.my daughter loves him very much and i would never get in the way of there relationship but he picks and chooses when he wants to come and see her.there is no stability at all he leaves it for sometimes 3months at a time and when he sees her its for only 2days.please can you help me find out my rights as a mother in wanting routine and stability for my daughter and his rights in that he has to help me give her it.thank you
ALSKI60 22/10/2013 at 5:59 pm
hi ive been with my partner now for 9 years,We are not married but have one child together who is 5,and her son from previous marriage .We are always fighting and this is not good for any of the kids,but her son has always been violent to me since becoming a teenager.Also has been the same with my son quite a few times now,but his mother always takes his side,and ends up telling me to leave.This is what i want now but i dont want to leave my son behind as i dont think he will be safe.So i want custody of my son whyat options do i have ,and as for court fees are there any ways which can help with this .Thank You Alan Ather
Alex 18/10/2013 at 4:01 pm
I wanted to know about custody rights for my younger sister, because my parents keep fighting and this time my mother is going to file an official complaint with the police. I just heard them saying that she might have to go into social care, I really don't want that to happen. I was wondering if you could give me any advice on this as I don't know where else to go. I am 22 and would be able to look after her.Thanks
mon 17/10/2013 at 9:44 am
Hi there, our 10 years of marriage is coming to an end. we have a 5 month old baby girl. The reason for divorce is that my husband is being constantly unfaithful to me and having affairs. when I first found out about him then I felt absolutely heartbroken and wanted to get separated then but he begged me to forgive him and asked me to make a new start between us and he suggested that if we will have a child then everything will be fine between us. Its been really difficult for me to forget about his affair but I decided to give him one chance and tried to move forward, this year we were blessed with child, now 5 months and I found out that he is having another affair which will create arguments between us and I don't want to bring up this child in this kind of atmosphere. I want the full custody of my child and I will have a lot of support from my parents too but the problem is my parents live in USA and if I would like to move there with my daughter after divorce then is there going to be restrictions legally for me to move to USA with my daughter?
titch 10/10/2013 at 8:18 pm
my comment is my ex partner has got my two girls and wont give them back to me and he is telling sick and twisted lies what can I do because my lawyer carnt do no more to help me.
Velvet 02/10/2013 at 4:52 am
I have a DEO against my Salary of £500 a month for the past 6 months I have not been able to pay as I have not been earning enough money so now in Arrears some £1500. Since paying CSA I have been denied seeing my x 2 children for the past 6 years . My son has been in a Mental Health Hospital for the past 8 weeks as he violently assaulted me and approx 12 other people to date - Where do I stand with regards CSA, my son is 15 not in full time education- I'm paying £250 a month yet he is not living with the Parent with Care, not providing no food- or clothing etc. So legally where do I stand.? Please advise. I have been financially screwed by the CSA and a ex husband who refuses to come to any Agreement - Refused me Custody to point of No relationship with your own Children. And now this Life could not get any worse. Pls Help.
cheems 03/09/2013 at 11:17 pm
I married to a wowman of my drems about 19 years ago we have 5 beautiful childrens i went to see my mum back home when i came back from abroad my wife accosed me of marrying another woman there were some pictures on the face book as i attended a wedding at the picture ceremony somebody took my picure with the bride and posted on internet as we had a fight before i left so this picture played significant part in my wifes game plan now she want to get rid of me and want to marry somebody else two of my kids are with me as they dont want to live with my wife my wife is bribing them for things and wants those kids back but they are so fearful and scared that they dont want to see her i am very concerned about the safty of other kids but i am scared that if i report to the social they will take the kidsaway from her and we both will loose the children i am concened for there safty and mental well being as well please advise as what i should do to get the remaining three children from my wife two childrens i have they are 14 and 12 the other three age 17 and 5 and 7 thanks
Nicky 25/08/2013 at 9:49 pm
I need legal advise. My husband left me and our kids 10yrs and 2yrs over 1/12yrs ago now, I had postnatal depression and a breast concer scare and my husband abandoned us, I've since seeked help and don't have cancer and got counciling for the postnatal depression, only when I was on the mend did my husband want to come back, I refused and now am seeking a divorce, he left my and the children alone for done time, a little time later a met someone else and started a new relationship after excepting my marriage was over, only after finding out I was in a relationship did my husband suddenly want access to the children, I've had a really hard time with him, he has harassed me constantly and slandered my name to everyone and anyone that would listen to him, he has called social services on me all with malicious intent, claiming he is a good farther and only wants to see his kids, even though he dosnt pay any money towards there daily needs and even though I've been trying consistently to get him to see them, I continuely have made effect to meet on mutual ground, all my efforts of in vain as it's not on his terms, he is a very controlling man and still wants to control and manipulate late me and what's worse is now he has a new partner and she is a disgrace, she tryed to talk to me and on phone and was aggressive and abusive and I have a real fear of this woman being around my children, his do I handle this? Can I stop this awrful woman being around my children, the threats from my husband continue all the time and has admitted on serveral occasions that he is intent on making my life hell, how do I stop him? How do I protect my innocent children?
I've lost all hope and am excusted from the harrasment and tourment both him and now his new partner impose on mine and my children's life.
Nicky 22/08/2013 at 2:43 pm
I have a 7year old son who I haven't seen forn8months I'm am separated from his mother for 5and a half years after a dispute over his behaviour and a fall out between his mother and my new partner who I have two children with all acsees has stopped I proceded to my solicitor ,we eventually got to mediation then she cancelled as money was an issue I can not myself get get legal aid I work part time and my partner my solicitor says fees of over 700pounds is what I have to pay I cannot affrord this can you give me any advice
Lou 07/08/2013 at 10:13 pm
Hello, please can you give me some advice. I have very recently split with my partner. We never married and we don't live together. I am however 27 weeks pregnant with our baby. We have recently started trying to talk about arrangements for our newborn, which will arrive in November. I am a strong believer in breast feeding and intend to breast feed this child. My ex however has started stating that he is going to take my baby 4 days/nights one week and then 3 days/nights the next, every weekend from as soon as the baby is born. I don't feel this is best for the baby, as I would be unable to breastfeed successfully (breast is meant to be best, and its not advised to express immediately as the baby isn't likely to accept both bottle and breast at such an early stage) I would never stop access, but I think a newborn needs stability and visitation is better to be little and often by my ex initially. He hasn't had children before and is very 'young and naive' in attitude and he always runs to his mum whenever anything needs to be done (even his washing!!!) how is he going to manage a newborn? Also, I have a 3 year old daughter who lives with me. How is she meant to have any kind of relationship with the baby if the only time I have access is tues-thurs? she will be at school most of the time. Please can you help me find out my rights and if he can do this. I'm really scared that I am going to have my newborn taken away from me for long periods of time, I really don't feel this will benefit anyone. Thanks x
Mjs 06/08/2013 at 11:29 pm
Hi, I am currently 7 months pregnant, 23 years old living in a shared house & soon to be moving back to my parents to raise my baby. The father left me when he found out I was pregnant. We were in a 4 year relationship on & off. He left me because "this wasn't the plan". I was in the middle of having fertility tests as I was told I couldn't conceive. He knew all this. In the middle I fell pregnant & he left me pretty much straight away. Trying to get along was too much to ask for on both our parts. We tried but failed. About 2 months ago, he cut off all contact with me. Randomly showed up at my workplace 2 weeks ago "to see how me & the bump are" & left. Didn't hear from him again until today asking the same thing.
In the break that we weren't together last year. He got someone else pregnant & he does see that child & support the mother. But that was a one night stand thing & that's a mutual agreement on behalf of both of them.

We were never married. He hasn't been around & has given up completely trying to be supportive. He's patronising in the sense of sending a random text when he could just actually be there. Instead he's continuing spending his life as a young man out on the town to put it bluntly.

It's very difficult to think what is best to do. Because of the father, My anxiety & depression has worsened & my physical health has too. I dont want my feelings & enotuons to get in the way if what is right & wrong for this situation. He has never been supportive of his ways & how it has effected my health. Because of this & his immature lifestyle, I don't want him to be a part of mine or my child's life. I don't want my child to be brought up seeing the things he does.

He has punished me big time. As if falling pregnant was all my fault. Any help or advice or CONSTRUCTIVE criticism?

Thanks
Donotgogently 31/07/2013 at 11:23 pm
I am a 28 year old single mother of three. Girls aged 6, 9,11. I split from the father of my eldest two children when my second was three months old as he wanted to be with someone else. It didn't last long as she turned out to be 15. I was 19 at the time he was 40. Since then I have looked after my girls and financially supported them myself. When I left him I left everything, house with mortgage paid, my job which was for his business, even kids cots etc. He claims being unemployed (doesn't claim any benefits) even though he has three businesses. He has had access to the children as and when he wanted usually 1-2 times per week then two years ago whilst he had the kids one night he was raided and found to be growing and selling dope from home. He claimed in court it was to feed his crack habit. He went to prison on a 12 month sentence. When he came out he claimed clean and slowly contact resumed until 6 months ago when it was clear (and he admitted) that he was using again now he only has daytime access. Recently I made an application to court to remove children from uk to Germany where my bf lives. My ex has a solicitor and I am having to self represent. So far caffcass have ruled in favour of us staying here as my eldest daughter was excited about starting secondary school and my other daughter had no strong opinion. This I was starting to come to terms with as have no wish to make them move if they are not happy to. However now my ex is applying for residency and much to my disbelief it's being taken really seriously. Can they take my children away even if they don't want to? Does being able to afford a solicitor mean I can't afford to keep my children? He is irrisponsible and has proved so many times and lives in a world of high level crime. He is abusive and manipulating but when I get to court I clam up with fear and can't make clear points. I don't know what to do I can't see a life without my girls and from being 17 they have been my life. I work hard to support them and try to juggle this with meeting their emotional needs in everyday I can. I'm so suprised as I was sure just speaking the truth would see me through. I never realised justice seems to be about money and law loop holes. Is this normal that basic common sense is not a deciding factor but any lie that can't be disproved will stand?
Bethdewurg 30/07/2013 at 1:19 pm
Hi,
I have a 4 3/4 year old son with my ex husband.
I left the said individual as he became violent towards myself.
It was an isolated occasion, and resulted in me having to call the Police.
My ex husband then lies about events and the court allowed us almost equal access to our son (3 days and 2 nights my ex husband, andthe remainder myself).
Approximately 10 months ago my ex husband sent myself and my new partner some disturbing text messages indicating that he wanted to commit suicide.
He then stated in a letter that he didn't want anything to do with his son as he was 'toxic for him', as long as myself and my new partner remained together.
He then changed his mind after threatening to commit suicide again and exhibiting some very grandiose and delusional behaviour.
Since that time we attempted to support access via a contact centre, but the contact centre refused due to my ex husband's erratic behaviour. It was stated that they felt he would be a risk to my son, something I would have to agree with.
My ex husband regularly argued about this via my solicitor until Christmas and we have not heard anything since.
Non of us have seen my ex husband for 10 months.
Where do I stand in terms of formalising that my ex husband should have no contact (I fear he has an undiagnosed personality disorder and as a mental health nurse I am worried about the potential impact of this on my son. My ex husband has also previously been admitted to a psychiatric unit, self harmed and was at one point nursed by his parents following a deterioration in his mental state).
Also, how do I go about obtaining parental responsibility for my current partner?
Niki 27/07/2013 at 10:55 pm
Hi, I'd like to get some information about child visitation and custody.I'm a lone parent with my 9 months old baby-girl.First time in out life the father told me he will take our daughter for a day. I am absolutely fine with this but really worried about he will return her on time and same day. Usually my ex doesn't answer my calls which makes me even more worried. Is there any right procedure what to do in case he won't return my girl on the time we agreed?Is there a specific rule how often I have to let him take her? We were not married.Please give me some advice.Thank you Nikolett
dtl 22/07/2013 at 10:43 pm
Would like to know some basic rights with our situation, my partner the mother of the son is having a lot of hassle from the father of the child from whom she split 3 years ago the boy is now 4 and a half, we live in a rented flat and he lives in a house with his mum the boy currently lives with us and sees his father 3 times a week, he is refusing to pay maintanance which has been going on for nearly a year now, recently he has been very awkward and is now saying he is going to take her to court. who has more rights over his custody and what sort of action can we take? thanksu
mbrefu 12/06/2013 at 12:46 am
My son and his girlfriend of 13 years have a 4 1/2 year old son of which my son is the more prominent carer and parent of the two. His girlfriend likes to go out with her friends drinking most weekends and returns home so drunk that the following day she often can hardly cope with getting out of bed. My son's focus is on being a father where his girlfriend told him shortly after their son's birth that being a mother was not her 'comfort zone' and has even suggested that she would leave and find a new life without them. This threat has happeed numerous times to the point that my son feels it is a 'cry wolf' threat. She spends very little time with their son and when she does she is constantly on her computer on social media sites and not having much interaction with him other than to start a shouting match as she feels she is being disturbed in what she is doing. As they are not married what rights would my son have in getting custody? He is adamant that he will never wake up in the mornings under a different roof than his son so has got to the stage of thinking of marriage just so that he might get an equal chance of getting custody of his son.
LLT 11/06/2013 at 10:17 pm
Hi I am seeking help my aunt and her ex boyfriend have been to court several times but it doesnt seem to be working out. My cousin is 3 years old This is the situation my aunt and her ex got together about 3 1/2 years ago and before my cousin was born her ex trashed her flat and physically and mentally abused her. He suffers from bipolar still no excuse to do what he did. The police had to put CCTV up in her flat just incase he came back to try do anything to her again. 9 months later my cousin was born and he wanted to be apart of her life which was fair enough. Then he left my aunt to continue bring up my cousin by herself a year and a half on he wanted to be apart of my cousins life. Then threatened my aunt that if she didnt let him have her overnight he would kill himself and her. Then my aunt would have none left. This is a man who thinks that its okay to abuse and threaten people to get his own way. A first court date was set. my aunt had asked for a medical report as her ex suffers from bipolar she was not happy to be told she was not allowed to get one because from what his GP says is that he is fine and that he is picking up his prescriptions which means he must be taking them. a few court dates later They got granted mediation that went well hours got increase bear in mind that there was supervision. That happened for about 2 months.The the court said that he could have my cousin for so many hours supervised out the contact center. He only wanted it out of the contact center if it was one of his members of family with him. Now his families backround his mum and dad were both drug dealers and have had many dealings with the police his dad has been in and out of jail so many times This is why my aunt is a bit concerned for my cousin's welfare. So my aunt was not to keen about the idea but left it happened as there was someone else looking after my cousin with him. Which my aunt got told was his sister and she has a little boy to which my aunt thought that will be okay because she will have someone to play with. Then to be told that it was actually his new girlfriend looking after her and that his sister was not able to do the pick ups and drop offs anymore. so he lied to my aunt about who he was with. The to find out that him and his girlfriend split up and that he was looking after her by himself. If he was to go into his mood swings he could hurt my cousin even kill her as he has threatened before. is it right for the judge to grant full access when someone is unstable and suffers from a serious medical condition? I need help on what I can advice my aunt to do next as she does not want to put her child in the hands of an unstable man who could have a moon swing that can last up to 2 hours? Thank you
Angry aunts 04/06/2013 at 10:05 pm
Johnydoo I sympathise. Luckily I am not fighting a custody case but my 36 year old brother is. My brothers ex has 2 children. One 12 and one 6. The 6 year old is my brothers daughter. Their relationship wasn't the best and very destructive to both parents. My brother left his partner about 6 months after their little girl was born. She has been neglectful to both daughters. My niece has been in hospital 2 times with injuries that are not common. One being an iron burn on her back and bum! She left my niece when she wAs 14 months old in her cot with no nappy or blanket or food for over 16 hours. My brother luckily that day was due to pick up his daughter. Having knocked on the door several times with no reply he kicked down the door because he could here his daughter crying. His ex was hungover and had had a house party the night before. There was broken glass on the floor etc. he took his child phoned the police and social services. After 8 weeks of keeping his daughter the court granted that the ex could have her Daughter back!!!!!!! Social services remained in touch for a while. During the next couple of years his ex has been in hospital with attempted suicides, several of which when the kids were in the house! Recently her new boyfriend beat her up in front of her kids. My 6 year old niece had the brains to call her grandmother, who went and pick the kids up. When she got there she found my niece trying to clean the blood up. Her maternal grandmother phoned my brother and said this couldn't go on and that she would back him to get custody of his child! 1 week later she and her daughter serve my brother court papers to get my niece back! He goes to court Thursday. It saddens me greatly that I already know that the courts will rule in favour of the mother.
shol 17/05/2013 at 2:57 pm
Myself and my ex husband have been divorced now for 4 years and have shared custody of our 2 children. We have them alternative weeks 7 days with me, 7 days with their father. This was a agreement between us both rather than going through courts which most of the time work really well and wouldn't want to change it. The issue I have is he keeps changing addresses at their schools, doctors, dentists and changing their appointments etc. I have always been the primary care (even though its not in writing) and taken my children to appointments etc. How do I go about getting something in writing to say he cannot change these things or can't i?
Kret 22/03/2013 at 1:45 pm
Hi my husband and I split up nearly 2 years ago and we have a five year old daughter. For the first six months we shared care of her where he'd have her 3 nights a week and pay nursery costs for the days she was at his although I was still her primary carer. After that he stopped having her overnight and refused to look after her while I was at work half the time or pay the nursery. He's never paid any child support for her but still had access to her whenever he wanted. Recently I refused him access until he accepts responsibilities as her father but he's threatening to take me to court. He lives in the isle of Mann and doesn't provide for her financially. At The end of our relationship he was very abusive and violent and got arrested a couple of times for beating me up which my daughter witnessed so social services were involved. Every chance he gets he tries to poison my daughter against me and my partner. What chances does he have in court and where do I stand with all this as a mum?
Ex-Non Priority Home 20/03/2013 at 2:17 pm
Separated from my ex-partner July 2011 after she returned from six weeks away living with her 'male friend.' We agreed she should sign over the council house which we'd shared for 9 years as i wasn't on the tenancy, she'd leave and I would continue to parent our two kids, 7 & 9 yrs old at the time, like I'd been doing anyway. I have always been the primary carer and the kids repeatedly stated that they wanted to live with me (dad) if they had to choose.

Anyway, long story short this didn't happen.

Her dirty tactics and her blatant lies about her being abused by me etc all completely muddied the issues. I went from being a single parent dad just looking after his kids after his missus of 20 odd years woulld say she s going to her girl friends BBQ for the afternoon and then disappear for 3 or 4 days at a time before returning back home, this happened 4 or 5 times over a 3 month period, to a non priority homeless male and she just waltzed straight back in - no questions asked.

I was forced to leave due to not being on the tenancy and during an 18 month battle i gained parental responsibility and eventually full custody of both children. When 'd initially had to leave home I left everything barring my clothes. Now the children reside with me do I have any way of making her hand over at least half of the furnishings etc. things that belong to the kids etc. I asked for our trampoline out of the garden which i had bought the kids and her response was that i could buy it off her! it's been 6 months now and she refuses to listen to any requests for personal stuff. My son visits her two days a month and my daughter does not visit their mother at all. What can I do?
Dingbat 24/02/2013 at 10:39 am
Could you tell what chance I have of gaining full cusody of my sonI'm not saying she's an unfit mother, she ok but when she goes out On the drink she tools in at 6-7 the next day, when I have work n my Son has nursery.Here is a run down of what I've done over the 4 year of my sons lifeWe split up briefly so I went to stay with my brother for a couple of monthI was up at 6 everyday I'd go to her house get my son ready for nurserySo she could get ready for work, I then took him to nursery for 7.30Started work at 8 till 5.30 picked up my son and went to her houseWere I waited till 9pm for her to finish at the gym or whatever els She was doing, I had him every weekend while she was out on the drinkPeople used to say they see her pushing her bike more than the pramEven now I go to work pick my son up afterwards come home bath himFeed him sort his stuff for the next day. She drops him off goes to uni (Monday and Tuesday only) rest of the week he's in nursery she does nothingShe gets back from wherever goes to the gym @5 When it comes to weekend shes out, I've brought him upNot her but if I went for full cusody would they let her have Him just Coz she's the mother? Its Sunday, 10.50am and she's stillNot back from a night out. Do I have a good case?
kgiggles53 11/02/2013 at 9:41 am
Hi I have at 3 year old son me and his father split when he was 2 months old and I obviously gave him them chance to see his son he had 6 chances and only turnt up once but was then more interested in seeing his friends and getting a new girlfriend my son has not seen his dad since he was 2 and a half months old. my sons father speaks to my sister in law still and has told her by the end of the year he is taking me to court for custody. my son lives with me and my partner and his sister and sees my partner as his dad and calls him dad too what would my ex's chances be in court.
T.bone 09/02/2013 at 4:47 pm
Im looking for advice for a freind.
my friend has 2 children with an italian national, 8 years ago they split and she took the children back to italy with her, he has been paying maintenence through a private arangemnt with his ex wife since the children have left.
now my friend has moved to a different part of the uk with his new wife, and the ex wife has suddenly moved back to the uk and is demanding more than he can possibly aford, he has gone through the csa and the csa gave him a amount to pay based on his new earnings, he had offered to take the children on ceartian days and nights so his ex wife can look for a job and try and get back into a pattern in the uk, and this has been going on for some time. But as soon as his ex wife found out that this may affect the payment amount to her she has since stopped him seeing the children.
is there any advice out there?
br1stolboy 28/01/2013 at 12:04 am
My ex wife's husband seems to think he now has legal rights over my child due to marrying her mum, is this true? I am in my daughters life as much as possible, and i have heard he must legally adopt her before obtaining any legal rights over her, is this also true? I feel he is only a guardian to her through marrying my ex wife and has no legal rights over my daughter just because of this. can you please help by confirming if this is true or not, or what rights he does or does not have as she has a daddy, and that person is ME.
s 19/01/2013 at 7:54 pm
my ex partner wants to take me to court over access to our 5yr old because he thinks he doesnt get her enough even though he gets her twice a week one day through the week and one day at the weekend (24hrs) . He works away so theres no consistancy of how long hes going away for and how long he will be home for so when he does come home he doesnt give me any notice and expects me to drop everything for him which i normaly do because our 5yr old is desperate to see him. I just wanted to know where i stand with this?
flowers 15/01/2013 at 12:38 pm
May I ask the question - if a father has managed to obtain residency albeit through tatics we will not go into - what rights does the mother have - access was going ok but now he has decided that the mother should be denied ALL access and indeed he has done this. He has apparently gone down to Court and got an emergency order that access be denied to the mother (which hasnt been heard yet) but insists she is not seeing or hearing her chlldren Can he do this.

The mother is in such a state with worry and has sought legal assistance but to no avail he just keeps being able to do these things
rose 14/01/2013 at 8:33 am
Hi. I wanted some advice regarding the possibility of a custody issue with my 2 year old son and 5 month old son. My husband and I have been married for 3 years now and it is slowly coming to the point where living together might not suit either of us. Personal and emotional circumstances. The problem arises in that I am an American citizen and he is British. If we were to separate or even divorce I would want to return back to America where I have my parents, siblings, a stable home environment and would finish off my education and work to provide for my children. What would the courts say in this situation? I have financial support in America, while my husband works but lives with his aged mother.I have no problem sharing custody but seeing as the children are very young I don't feel he would be able to provide for them and their emotional needs just yet. Any advice or information would greatly be appreciated.
k 13/01/2013 at 3:33 pm
Hi i am after advice...my friend is about to go through a custody battle where the man is trying to say the woman is unfit due to now being a lesbian, She was in an abusive relationship with the man and was thrown out of the marital home, and was pushed into the arms of another woman who happens to be her best friend, my friend and her best friend / lesbian partner in a loving home and they share joint custody with the ex husband. any tips on gaining custody please ? ?
Mark 07/01/2013 at 4:21 am
My brother's wife recently died and his 15 year old daughter has been battling depression because of it. He has been very absent and even before the accident was very cold and distant from her, but even more so now, he hardly ever sees her and I spend quite a lot of time with her and have helped her to give up her pill addiction. While she is not abused, she is emotionally neglected, and I am wondering if I would be able to gain full custody of her. Thanks.
Biff 19/12/2012 at 3:45 pm
What it is a friend of mine has recently split from his partner they have a 2month old baby. She has told him that he has no right to see the child and if he does what to see him then he has to go to England. The thing is he is currently living in Northern Ireland and is a career for him mother. His ex knows this and is making it difficult for him to see the child. There is also many other factors that have given my friend reason to thing that his son is not safe with his ex. My friend really needs help as he is being made to suffer for no reason. I there anyway of my friend getting custody without having to go to England as he is living in Northern Ireland and is a career, also he is named on the babies birth certificate. Please help as he is really starting worry about his baby boys safety
legsarelikejelly 26/11/2012 at 11:44 am
hello i have just this week as in sunday 18th nov ened my relationship with my boyfriend of 9 years we have two children together this week i have found out that he has a "friend" he was meeting the following sunday but he had the children he and they where at his mothers i went round to speak to there dad about condictions about seeing "friends" while having the children he has many time complained to me that he doesnt see the children anomre or much as he liked (sorry he moved out in feb march time to finda a job) i said that if he wanted the children at the weekends then it should be him and only him with the children i don't think it was fair on them to be introducted to his new "friend when it was new to him too and don't want the children confussed or hurt if his "friendship" didn't work out, my son then said that there were meeting a new person today so i said that i would take the children with me or he could ring his friend up and say can we meet up in the week coz i have my children this weekend i'm sorry i don't think i'm asking too much for our kids its only been a week that we split well rally wedsenday coz he came back on tuesday my worry was that if he could do that this early whats to say he wont do it later on the weekends he should have the kids, well things got out of hand coz his mother was there and i told her what i said and that he had choose his new "friend" over his kids other things got said i lost my head and said things that just poped into my head and they didn't make sense we got into each others spaces and we got phyiscal i know i shouldn't of i am not a personm that is like that ever i may get angry and scream and shout but never phyiscal well now he wants to take the children away from me he thinks i will hurt them he even said that i went for out younger child which i didn't i'm aware that she was crying and being pushed over a chair but never going for outr child he says that i did it to get at him coz he loves her sorry has a better bond with her than his son which is true which was another reason why i didn't want a new "friend" around at the weekends coz he has to already compete for his dad over his sister which is courseing problems with them i know i was in the wrong by it getting that far i went round to just talk about setting rules that we both would stay too i'm scraed that they will use this all against me in the courts there are other under currents that i have been made a ware of about being mental abused by him i'm starting to see things that i'm shock at that i have become a person that has become weak
DisneyQueen 19/11/2012 at 11:31 am
I have a 5year old son and separated from his father when he was 18months, I have always done my best to keep things amicable in front of my son and it has for the most part been good. My ex and I dont get on well but any arguing/disputes is done via text so that our son is none the wiser and only sees us happy around each other. But recently (gradually over last 2 years, gotten dramatically worse in last 6months) my ex (the father) has not been doing this, he turns up at the school gates to shout at me in front of our son and his friends/parents/etc. He starts arguing and swearing at me when I pick up my son from his house/vice versa, and has started refusing to see our son alot of the time. when he arranges to come and pick him up to see him, our son is excited looking out for him at the window, everytime i have to ring after he's late just for him to say he's now too busy and doesnt want to, leaving our son crying and upset. he now goes weeks on end without seeing him, just a couple of days ago after offering a lift home after work he ordered us both out of his car telling us to walk instead as his new girlfriend doesnt like us being around, leaving my son crying all the way home thinking his dad doesnt want him (the look on his dads face showed he couldnt have cared less). I now have to rely as much as I can on my parents and brother to babysit while I am in work. The Father is also being awkward with money now, not wanted to contribute, he says he cant afford it but earns about triple my wage and constantly goes out and lends his girlfriend money. My son gets only upset and disappointment from his dad, has started having tantrums (hasnt had them before) and never wants to see his dad (at 5 this is wrong surely, i still encourage him to have fun with and see his dad) but always comes back from him upset and naggy. If i try and talk to him about his behaiviour he says i am being petty and just want my own way and an easy babysitter, which, when he hasnt had his son overnight for over a month now, i disagree on. i am not bothered about a babysitter (other than when i am in work obviously), i dont go out, I just dont know what to do. everyone i know thinks i should stop contact, including the fathers parents!! but this still feels like the wrong option. but with him doing more harm than good to my son, im considering it recently but dont know where to get good advice.
Oz 19/10/2012 at 2:36 pm
My Daughters boyfriend has just found out he is a father after 2 years. Until the mother of the child seperated from her existing boyfriend nobody knew that this guy was not the dad. It was only after that guy refused to pay that she then decided to see if someone else was the dad which turned out to be the case. After the DNA test she now wants money from him but does not want him in the childs life. She refuses to put him on the birth certificate nor give him access. She also wants back payment and is demanding payment in cash. What is his rights and does he have to pay back payment? Can he get access? Does she have to put him on the cretificate to prove he is the father?
Any ideas?
laceysmum 10/10/2012 at 3:55 pm
2 weeks ago i split from the farther of my child he was abusive and aggressive towards me he would hit me if i wouldnt give him money and would hit me if he got angry. i decided it was the best to split as the social services got involved for his aggressive behavour turning up to my house in the early hours of the morning on drugs. early last week we had a meeting with the social services regrading what my daughter need i was upset the social services said i couldnt see my daughter for 4 days because they are claiming i am an unfit mother. i havent had my daughter back yet as they still claim i am an unfit mother. i went to my solicitor and she said it is illegal what the social services have done with out no proof that i am ill and with out no court order. i also attended another meeting with the social services and they have said that i am only allowed my daughter twice a week a friday and a saturday. i feel i am getting treated unfairly as i am close to myt daughter and give her everything she needs i love her so much i just want her back. the social services do not believe me that there is an illegal pitt bull locked in the shed of his mothers garden they do not believe me that he is on cocaine and does drug dealing. im getting made out to be a liar i just want some one to beleive me
gilberto 21/08/2012 at 8:49 pm
Por favor gostaria de uma informação, minha ex mulher mudou-se para uma outra localidade levando consigo as crianças já que a guarda esta com ela, desta forma as visitas para mim ficaram inviáveis, para que eu faça essas visitas quinzenais ela terá que arcar com as despesas de viagens, ou é tudo por minha conta, o que diz a lei a esse respeito, em contra partida, caso ela traga as crianças para que eu possa ver, estes custos são meus, ou sendo ela quem mudou de cidade eu fico honerado destes custos.
Obrigado
Deb 17/08/2012 at 10:06 pm
Babe Ruth It sounds like your wife has Bi-Polar disorder, and is probably not capable of dealing with all your son needs. I would contact a lawyer who is familiar with international law. You should have full custondy, with her having visitation rights. I have seen this situation first hand, and the mom lost custody, but had some visitation rights.
spindly 07/08/2012 at 7:39 pm
My wife and i separated over 2 years ago and she has had our child living with her. i had visiting rights agreed which she then changed. I have not seen my child for almost a year as she has refused to let me see him. i have had a letter from a solicitor in her parents name saying that they want to have full custody of my child as my wife is entering the army. they have also said that his surname should be the same as my wifes maiden name. what are my rights and what should i do?
hollie 06/08/2012 at 4:06 pm
i have seperated from my partner and father to my 1 year old daughter. i am worried that if i let her go unsupervised to him or his family they may snatch her and not return her. he is named on the birth certificate. what are my rights in this sisuation?
Is they away i can pervent this from happening?
Sue 28/07/2012 at 8:52 pm
I live with my partner and his two children. His wife has brain damaged and is legally non-competant. If my partner dies who would have legal custody? Thanks.
Tamarman 21/07/2012 at 12:36 am
second continued...................

which I have no knowledge and some are in Lithuanian a language I do not know.

I feel I must, report her illegal activities; go to the Court Office and begin proceedings under the Children's Act for an injunction about her abuse and attempt to get an Family Law occupation order against her. Has anyone both a moral and legal viewpoint on this monster? Please can anyone help if not me then my children? Thank you in advance!
Tamarman 21/07/2012 at 12:34 am
this is the final piece of information as just previously given....(continued)

.........since our marriage that she might even still own this. The proceeds if there were are still secreted in some locality in Lithuania...they were never brought as assets to new family joint assets. Seven years on and I am still looking after the children as both mother and father. Last February after much work on my behalf and preparing a business plan, gaining her a lease with her landlord and all renovations, saving her a 5figure GB£, she opened a small seamstress shop/designer clothes; with much difficulty at first but is now beginning to thrive. Our relationship died in 2007 but like a lot of people who are loving for their children and impecunious in finances we stayed together for these last years me supporting her business whilst being mum and dad to the children. Now she wants a divorce drive me out of my own home and "care" for the children, which she never really has. She is attempting a occupation order claiming my gifting the cottage to her in 2003 even though I lived and owned it continuously for the previous 20 years. She did not make a deposit payment on the property during purchase and has not made any mortgage or maintenance payments in the last nine years at all! During my ownership I provided mortgage and maintenance payments plus the original deposit payment.

My eldest son cannot under any circumstances bear to be with her at any time; he was so worried about this situation that he has told me and being reinforced by telling his social support teacher at school that he has to live with me or he would rather be fostered! My youngest son will follow his brother. My estranged wife "will fight until death" for her children, sorry her possessions so she proclaims. She does not have maternal instincts for the children and cannot understand in its fullest meaning what loving, caring parental responsibility means; from feeding and general care, ensuring hygiene and proper nutritional foods, their health and dental/eye needs, and especially education. She has never listened to the 7 year old read and it was 5 years ago she last did the like for our 11 year old....SAT's what are these? She abuses the boys savagely in an emotional manner on a daily basis, and has hurt the oldest physically more than once and now attempts to put me on the "ropes" because she thinks that she can get an occupation order. I know she is doing this as she sees the best form of defence is attack and do so savagely. I saw a local Family Solicitor who says my income is £5.00 a month more than my eligibility to support from the LAC.

But I found out only yesterday, when I was burning some papers and on further investigation I identified that my estranged wife has been conspiring illegal criminal activities on five different areas, through her business and other activities. And NO I did not know about such actions as some are linked together with her sole business for
nan 18/07/2012 at 4:58 pm
Hi to you all on line this is the first time i have ever done this but i don't no were else to turn.
I feel that my grandson is being emotionally abused at home by his mother or her new partner he is so un
happy when he goes back to her that he cry's he has not done this in the past.Also his mother is getting
very difficult to deal with in how when what were and how we do things with him. I would love to keep him
here with me but i don't think i can do this.
jonesy3388 16/07/2012 at 2:50 pm
i live with my ex as we have very recentlty split. we are trying to be amicable and i suggested joint custody of our daughter however, he lies in bed till about 1 in the afternoon and then goes out at 8pm and comes in at 6.30 to go to bed. i dont think that he should now have joint custody but he for some reason thinks that he holds all of the cards. any advice??
FRedy 16/07/2012 at 12:27 am
me and my wife live seprate my wife is always doing things in her own way even she left kids home alone till late night and when ever i asked her kids are alone she says they are grown enough to learn however my son is 15 and daughter is 11 and she never listen to all of us but she listen to her friends she had 4 friends all of them are divorced. need help on asap before things go more worse
Boo boo 12/07/2012 at 4:06 pm
Hi I have a 3year old daughter with my ex we have been arguing a lot over contact I've been to my solicitor n spoke to her about it we are going away on holiday the same day as my ex wants to take our daughter to a family wedding I've said that he could have her 1-5 as the wedding isn't till 2 he then wants to take her to the meal after which I said ok but I still want her home at 5 as we are going away he has refused this he's demanding to have her longer then the time I gave him.iv said no now he's saying that he's going to take me to court over this will a court take this on as it's a little disagreement iv compromised on my part but he won't?
1971 09/07/2012 at 8:32 pm
I was married for 10 years and towards the end became terribly unhappy. We both suffered huge emotional loses that we never overcame. Towards the end of my marriage I met someone else and have been in a steady and loving relationship with ever since.

My ex husband and myself became officially divorced last year and as we have two children a son 10 years and a daughter 8 years decided on joint custody as we only live 3 miles away from each other. We considered this best as we could both play an active role as parents and both look after them.

Last September/ October my ex has found a new partner. I was very pleased for him to be happy once again. However, in the last month or so he has now announced that he's moving nearer to where she lives with the intention that they will possibly live together.

Unfortunately as it's no longer local I won't be able to continue my role as a mother as he wishes to move the children with him. I am incredibly upset and wish to continue playing my role as a mother, as it is me that takes them to the doctor if either of them are ill, me that takes them to the dentist and me that runs them to their social clubs such as ballet, scouts and brownies.

To add to my concern my son has now said to me that he is worried about the move as he doesn't get on with my ex's partner's son's best friend, who currently goes to the primary school my son is supposed to move to. My daughter is also terribly upset at the thought of not seeing me as much as we both have a very close relationship.

I feel it best that if my ex wishes to move he moves without the children. In his intially suggestion to me about the move. That stated that the children would go with him and move schools. I would see them at weekends and holidays.

Personally I feel that the children have been through enough. I think that the children should stay in their familiar surroundings and continue schooling where they are now. They have a number of very close friends - enjoy where they currently go to school, as well as scouts, brownies and ballet as previously mentioned. If my ex wishes to move, I feel my partner and I should have the children during the week and continue their normal weekly activities and then see their father during weekends and holidays.

Up to now I have been terribly amicable towards my ex for the sake of the children as I understand that they both love their daddy dearly - but I'm not prepared to deminish my role as a mother.

Could you please explain to me my rights as a mother, and if need be how I may gain full custody of my children. I find this terrilby upsetting as I never wanted the children to put into this situation where it became the sole responsiblity of just one parent rearing them. Although I have to state that my partner is fully supportive and understanding and only wishes the best for both myself and my children. If this means we gain sole custody he's more than happy to play that rol
Lala 09/07/2012 at 6:44 pm
I am Italian and I'm going to live in London with my uncle who is Italian too, what are the necessairy documents to him has my custody? as well I am minor.
???? 01/07/2012 at 11:11 pm
I (father) have joint physical and legal custody of our 3yr old daughter. My ex wants to take our daughter on holiday with her new boyfriend she has not discussed this with me can I stop this from happening?
MM 27/06/2012 at 12:06 pm
My partner split up from her ex 4 years ago and he causes nothing but trouble for her and her family. When its his day to have him he's always at least an hour late picking him up and has often made my partner late for work and she has had warnings at work because of this. He has threatened her too many times both when they were together and since we have been together, has even pinned her up against the wall infront of thier child. The other day he was over an hour late we had to go out because she has work and when he finally got to town he shouted at her and swore at her again infront of thier child and this time infront of me. The number of times ive gone to see her and shes said that hes threatened her again and again by text and to her face is bang out of order. Every time he comes to pick up their child i always worry about whats he going to do next. The last time he dropped the child off and had left thier child said to my partner that daddy says"mummy is a F***ing idiot and is F****ing horrible. What can i do about this? his behaviour towards her and general behaviour infront of the child is unacceptable. I feel useless and dont know if there's anything i can do in this situation. What should i do now? and what should she do?? Thanks
f.a 20/06/2012 at 11:08 pm
Hi me and my wife living together have a 7 and 1/2 year old boy lately she has been abusing him physically (no bruising or markings on him) and she has been abusing emotionally and neglecting him (giving him unhealthy food and giving him adult size portions which he has gaind alot of wait and is a big concern to gp/school nurse) i have a couple of recordings were the kid is crying and saying mom has slapped him. My son says that he no longer wants to live with her and i want to take my son away from her as i dont know what step she would take next. If you got any advice then please help me for the sake of my son.
Anne 20/06/2012 at 1:19 pm
Hi. i am not citizen from the UK nut i have my permanent residence to live in the country. i been married with an english man for 6 years. we have 2 daughters 5 year old and 19 months old. i am considering to get divorce of this man as we are having problems about his addiction of drugs and his behaviour about me and the girls as when he cannot take his drugs he turn into a terrible mood and sometimes he is violent. I am considering to ask for the divorce but in a friendly way as i dont like to have problems for me and especially for my girls. i have no family in this ountry who can support me as i am foreigner, i have not job at the moment. so i am afraid that the judges could give the full custody of my daughters to the fathers as i know a case that the fathers gets th e custody of his son because themother was foreigner with no job. i would be so grateful if you can advise me about it. thank you in advance.
BabeRuth 18/06/2012 at 7:24 pm
I have a 7yr old Son with my wife of 10 years. I am seriously considering a separation on the grounds of unreasonable behaviour as her responsibilities towards myself and Son is diminishing due to her health concern which she has stoically refused to accept responsibility for and accept the due care and medication needed to function as both a wife and a mother. My main concern however is firstly the welfar of my Son, his upbringing (as he has learning difficulties) as well as my rights to full custody as a non National. I am completely unsure as to what do to and I fear that the laws will cede full rights to my Son's mother based on the factors given above. I am so worried that I now regressing into bad health myself Counselling was arranged on my behest 4 years ago but we seem to have gone round in a full circle since then. What do I do?
laura 18/06/2012 at 2:28 pm
hi, i have just split from my 7yr old sons dad after 9yrs together, he has filed for custody of my son, i also have 2x daughters aged 11 an almost 12, and 2 older daughters, age 30 and 25. i used amphetimines the last time was 15yrs ago. but now i find my ex has stated as one of his concerns he thinks im abusing drugs again.. i have no problem taking a drugs test. i have my 1st meeting with my own solicitor tomorrow the court starts in 2wks time, when and how is a drug test given. is it at the 1st court hearing? at my solicitors or later on? how is it done, thankyou
Ad's 18/06/2012 at 1:16 pm
Please help, i have a 2 - 1/2yr old daughter with my girlfriend. At the start of this year i found out when checking her phone she had been having an affair with a work colleague, obviously i was devistated but decided to say with her & to work through it. Then yesterday (farthers day) i again found out she has again started seeing this colleague since march. I am so devistated & really dont know what to do, i have yet again decided to say with her & try to make things work out between us. She says she's done it beacuse i dont give her the love & attention this guy gives her, she says she has no feelings for him & its the attenton she's recieving from him thats driven her to doing it again. As far as i thought i was a good partner & father to both herself & my daughter, i'm by no means perfect & with the stresses of life & trying to deal with the 1st affair myself maybe i could of shown her more affection, we have now decided to go to relationship counceling to give us 1 last attempt to make it work. To be honest i feel like she's put me through hell these past 6 months & i know i do still love her, but i'm only still here because of my daughter. I love her so much & she's the reason i'm allowing myself to go through this, as the last thing i want is for her to grow up in a broken family. Me & my girlfriend are going to relationship counceling & are going to have a weekend in parris in a few weeks (just me & her) to try & save our family/relationship. I pray we can resolve this, however i am deeply worried that if we dont its going to mean i'm going to loose being with my daughter full time & only have shared access. I dont see how it is fair that more than likely my girlfriend as the mother will have custody of our daughter, when she's the one thats messed it all up & i feel i havnt really done much wrong, she breaks the relationship & then i'm left as a parttime
dad. It breaks my hart to think that would happen. Then my worst fear is that she'll get with her fancy man if we were to split, & then my daughter is living/building a relationship with this homewrecker (i say homewrecker as he has always been aware that my girlfriend was with me & we live & have a young child together). Sorry for the long post but basically i want to know what rights i would hace in this situation? Would the courts take the attitude that ahe broke the family unit & therefore i should have custody? Providing i can obiously prove i can provide a happy stable home for her?
Bobsy 12/06/2012 at 5:13 pm
My ex-partner and I have a 15yr old son who is about to attend 6th Form College. He currently resides with her but wishes to move-in with me as he has just finished School and would find it much more convenient for the purposes of pursuing his Further Education. She is OK with the move but refuses to relinquish any Benefits forthcoming for his keep! Am I still able to submit my own application for such Benefits should he continue to pursue this course of action (and he is adamant)? Or is she able to block this move on the grounds of Custodial Rights pertaining to his young age? She is reluctant to capitulate/negotiate to any degree with regards 'Child Benefits' even if this hinders his own goals for his future!
Any response is much appreciated.
Helen 12/06/2012 at 12:40 pm
Hi ,
My partner and I have been together for two years. He has an 8 year old daughter. Her mother and my fiancé don't have a good relationship but he see's his daughter most week nights as he collects her from school and most weekends are spent with us. This arrangement works well and we let her choose if she wants to spend a weekend with her mom as well as school holidays. His daughters mom is from a different area and only moved to the west midlands when they had their daughter. She has now decided to move back to where she is originally from (3 hours away). This will mean his daughter being moved away from her father, family whom she is extremely close to, friends, her dance studio and changing schools. She has little family whom she is not close to in this other area and no other support networks. We are really concerned about how disruptive this would be for his daughter and would like to gain full custody but would like to know what process to take and all the in's and out's such as cost, length of time etc as well as what chances we would have of winning a custody case. Many thanks
scooterboy 12/06/2012 at 10:54 am
My son has recently been assaulted by his step father causing bruising to his ear , which the school teacher noticed . My son was told to lie by his mother incase teachers asked questions, but his sister told the truth and thats when social services were alerted . The police are also involved as his step father has addmitted hitting him but things are still being investigated .
The children regularly complain about him when they visit me but say their mother does not listen . I am unsure of the current situation as their mother has already lied to me regarding the incident and will not offer any more information.
If he is charged over the assault would this give me a better chance of gaining custody .
J 11/06/2012 at 8:16 am
Hi, my son has a 4 year old daughter who he does not get to see through no fault of his own, his ex and family and new boyfriend are very bad news and recently assaulted my son, we are in the process of charging the father and new boyfriend with this assault and im wondering if this could help us in our quest to gain some custody time with his daughter? Another factor is we have been told that it costs approx £3,000 to take them to court? Is this the case?
Nellie 08/06/2012 at 8:46 pm
I have a 5 year old who lives with me and spends time with his Dad. When he is with his Dad I trust that he is taken care of and never dictate who he can spend time with or not. I thought this was the way things should be. I am in a relationship with a man who has two children and he spends time with my son and is very good with him. His ex wife had an affair and moved out the marital home with the two kids straight into a new home with the boyfriend. Despite this, she will not let my boyfriend see his kids if she thinks there is a chance that they will see me or my son. I have not met his kids and both myself and my son would really like to. He was supposed to have them tomorrow but she thought I might be around so she has cancelled. Is there something that he can do to stop her controlling what he does and who he sees whilst he has his children? They are his as much as hers and he has no say in anything. She doesnt let him know when they have plays, parent evenings or sports days as she takes her boyfriend as their "Dad".
zack 07/06/2012 at 3:34 pm
i split from my ex partner in febuary which she left the family home and took my daughter to her family which is a fair distance and did not see my daughter for udleast 5 weeks then she had decided to live with her mother who is 19 miles from where i live she has decided she didnt want the house after i offered it on several occasions only to change her mind again a few weeks ago wanting me out i offered for her and the lil1 to move back in amicably until 1 of us could find a new place to live she said no i offered to have the lil1 live with me until she could get a new house she said no chance tp put it politly she has insulted me and called me names on social networking sites about being a bad father she had ignored my solicitors letters and did not intend mediation where i did so she has taken me to court recently where the judge recently gave me the verdict for temporary residency as the mother has a past history of alcohol which she admitted in court so they will be doing background checks and also alcohol tests also caffcass are getting involved. if the tests come back clear in court would that mean they will just hand my daughter back??? she has no house i have plus have allready started my daughter in nursery and consulted health visitor and doctors which she hasnt since we split up?
shaz 06/06/2012 at 10:40 pm
Hi, i have cafcass involved after my ex left and wants unsupervised contact, he has admitted smoking cannabis in court,but not to other drugs, i don't want our six year old daughter in his car or at his new address which he shares with two other users/dealers.However, I am struggling to get proof as police intelligence are not forthcoming with evidencewhich I had given in the past to support my concerns. He has previous d&d and two drugs convictions for cannabis and the police are aware of his families drug ties and involvement. There was domestic abuse in the relationship emotional/physical both sides due to stress, drugs and debt and psychological from him to my eldest daughter who is not his. Is it likely that the court will allow him unsupervised at his home? Otherwise why have cafcass had to get involved? The children are well looked after now, have good attendance at school, good concentration and are loved and things are good as they are. Do I need to be so worried, he is not fit to have unsupervised in my opinion. Can anyone give any advice? thankyou.
daveO 06/06/2012 at 7:27 pm
I have full custody of my son he only see's his mother now and again I want to apply for a passport for him but she is being very funny about this so not sure where I stand on this matter!?Will I still need her permission even though I have full custody and have since he was 4 and is now almost 10!
angel 04/06/2012 at 11:22 pm
Hi, I have my 2 children 6 days a week and every night. Their dad has them from 9am - 6pm on a Saturday. If he requests a change I try to oblige if I have nothing planned, but if I do have plans and cannot oblige him he goes mental, he rants, shouts, demands and threatens. This Sunday coming my children are going to their friends party, it's been arranged for weeks. With just a weeks notice their dad has decided to tell me that he's having his youngest (to another relationship) christened on the same day. So he is demanding that I pull the kids from the party so they can go to the Christening. The party finishes as 2 and the christening starts at 2. I suggested he pick them up at 1.15 as a compromise but that's not good enough, he says they can't go to the party and WILL be attending the christening. It's not his day, he doesn't have them Sundays. I have refused to pull them from the party so he says I am being unreasonable and difficult on purpose. His family aren't even religious for him to be making such a big deal. If we didn't have arrangements they could have gone, but he always leaves things to last minute before asking and then expects everyone to rearrange for him. In my opinion, if he had been that bothered about my children going to the christening then he should have checked they were free before booking anything or told me as soon as it was booked, not leave it till the week before. I think he is being totally unfair. He keeps texting 'begging' I allow the children to go. I'm not answering him as I can do without the stress. I know it will kick off again at some point, and certainly on Saturday when he comes to pick them up as normal. I'm sick of him trying to change things when he wants and then accusing me of being the bad guy. I'm worried that on Saturday he won't bring my kids home with the intention of keeping them for the christening. If he refuses to bring them home, can I get the police to go with me to collect them? Can anyone give me any suggestions on how to handle this? My nerves are completely shot to hell. I just feel like taking the kids and disappearing! (I won't though.) Thank you.
Dadof2 02/06/2012 at 5:16 pm
My wife and I are separated she had stated that she is taking our two children 8 & 5 abroad on holiday. As I understand she has to have my permission to take them out the country. Is this correct? And if so what happens if she ignores my wishes and goes ahead?
Jsnswfy 02/06/2012 at 12:17 pm
A friend has a 7yr old daughter. He &the mom were never married. She has given custody to her parents. Is he still responsible for child support to the grandparents??
Binny Editor 30/05/2012 at 2:17 pm
@shaz. Sorry to hear about what you've been through. It's really the icing on the cake when someone has an affair and then moves their new partner in. There's no reason why a judge would not look fairly at your circumstances. They are supposed to act in the best interests of the children, so your son's views may be taken into consideration. Try and keep your bitterness out of any communications you have with your ex as this really does only make things more difficult (it's hard I know!)
Shaz 29/05/2012 at 5:29 pm
I have very recently seperated from my husband and have two children, aged 6 and 10. He has been a stay at home day for ten years whilst I have worked full time. It has been a very difficult arrangement from the start and he became very controlling. He had a few affairs with my ex best friend which I stupidly forgave. I have previously been told I do not have a leg to stand on even as the mother as the judge would look at the status quo and not change it for me to be the main carer. After a week of me moving to the next road he has started a "serious" relationship again with this woman and after just 3 weeks her and her four year old son are now "staying" at the house with him and my children and she is being intergrated into their lives.

I am devestated he has moved another woman in so quick, particularly as they are both previous cannabis users so I am confident this will start up again (although I have no proof). He is being aggresive in his communication to me and not flexible in allowing more access, even though my oldest is desperate to see me more and I think would live with me. I would appreciate any help
friendofmum 22/05/2012 at 2:15 pm
My friend has a 14 year old boy and left her husband 12 years ago as he was abusive. Their relationship has been poor at best. Last year she asked me to act as a buffer/intermediary, which I have done. The father has been poor in paying maintenance and has used it as a method of control. Her son has lived with her since the divorce only seeing his father twice a year. He becomes distressed and has refused to see his father since last September so his father stopped paying maintenance to force a visit. Now that the CSA is forcing the father to pay he has started escalating his claim to see his son, refusing to believe that his son does not want to see him. My friend has left it up to her son to decide what he wants and is not interfering with access. Then we were invited to mediation but the son was clear to me that he does not want to see him so I was forced to refuse it. He has burst into tears at school and is extremely distressed about this. He has begged me not to let him near his father even if I am there. If he does want to see his father he knows that all he has to do is call him. I am aware that the next step is court but we are concerned that the court may not listen to him and want to know how to protect him from seeing his father if he does not wish to do so.
ChildSupportLaws Editor 22/05/2012 at 10:42 am
@DadofTwo. If she wants to try there is nothing to stop her applying. However, you have had them for so long, there is no reason why you could not contest this successfully if she does so. It's well known that the courts often err on the side of the mother in newly separated families, but after all the this time being the main carer for the children, we're sure the judge will factor this in.
Dadoftwo 22/05/2012 at 10:05 am
My wife and I were divorced several years ago and our two children stayed with me . They were 18months and three years old at the time . Now 9 years later I am worried that their Mother will try to get full custody of them. She has been seeing them every other week end. Could this be possible ?
DO3 21/05/2012 at 11:25 pm
My ex and I (Father) have 3 children. We are not married and we split up in 2003. I applied and got full custody (both PR and Residence) of all 3 children. We have worked closely together over the years because she knows the children are better off with me except for one major incident 7 Years ago where she withheld the children after I let her have the children for an Easter break against the aforementioned Court Orders and the Police taking no notice as apparently it was a Civil Offence so said they could do nothing to get the children back even after showing the Court Orders It took 6 months to get them back as she made up stuff and it was taken as fact because she is the Mother and I as Father, was it appeared automatically guilty until proven otherwise as was the case in the end and the County Court Judge calling her a "Purveyor of Untruthes" calling for the immediate return of the children to me and told her she was in Contempt of Court and if she did so again would be arrested. 2 years ago she moved closer so the Children could come and go between us on the buses (with me escorting them until 6 months ago as youngest starts High School in Sept and will have to get buses on her own,so it is an independence learning curve for her). I let her have the children nearly every weekend (3 out of 4) from Fri-Sun evening and also at least 1/2 of any holidays including at least 3 weeks of the Summer. Today she informed me that she is moving to South Wales, almost 200 miles away according to Google mapping in 3 weeks time and was hinting that I take the children (10,13,15) to see her, eventhough I don't drive and have very limited means and also she doesn't drive. Can I legally say no to this and insist if she wants to see the children and I have no problem with that, that she comes here and stay at her Father's. I don't want to be made out to be the bad guy by her saying I am denying her seeing the Children and twisting it in such a way as the authorities have get involved as it isn't me who chose to move.
missprincess 14/05/2012 at 2:10 pm
Hi. My daughter is 10months and is subject to a child protection plan. I have allowed her to see her dad 2times a week supervidsed until socail services assessed him and said otherwise. They said beginging of may he didn't need to be supervised and since then he has turned up as and when he wants to returns early doesn't inform about her eating and threatens not to return her. What do I do
Deluye 13/05/2012 at 8:23 am
The mother of my children and I split up about 4 years ago. We went to the court over custody issue. The judge gave us joint custody of our son. The judge also made a ruling that his passport should be with her but that she should provide it to me at least a month if I want to take him on holidays at any time. She has made this difficult everytime. The boy has expressed the need to keep the passport with me but the mum has not accepted this. The boy is now 16years of age. A friend told me that the court judgement does not apply again when a child is 16 years and that the boy can start making some decisions himself. Please help to confirm this and what step can I take if this is not the case.
Joe 13/05/2012 at 1:15 am
My ex Wonts to move away with our son I currently see him every weekend and pay maintenance is there any thing I can do to stop this happening
Sprock 09/05/2012 at 1:52 pm
My ex and I separated 6 years ago very amicably. However, I know via the CSA calculator he is underpaying me by about £220 a month. He has said that if I insist on him paying this he will take me to court and go for shared 50/50 custody of our children. He has always had them every other weekend and every Wednesday night over night. I would resent him having joint custody of them as I gave up my career to care for them to ensure our split affected them as little as possible. They were 1 and 4 at that time. Furthermore, if his payments reduced dramatically I would also have to sell our house. Is it likely he would gain joint custody of them?
Pt 04/05/2012 at 1:36 pm
Hi, i have been paying my ex £50 a week for three years, our daughter is four years old, we split up when she was 1. I gave her £100 at christmas for clothes for the baby, she didnt buy them, i gave £150 a couple of months ago for a new bed, she didnt buy it, Also the final nail in the coffin was last month, i left £70 at her mums, my ex then rang me and said there was only £60 there, (there was £70), then started threatening me with her new BF.
So for the last 3 weeks i refused to pay any child support unless it went through the proper channels. Now she has stopped me seeing my daughter, I cant contact her, have no mobile number, she also told me she has phoned the school to tell them im not to pick my daughter up, is this allowed??? what do i do now???
Thanks.
mjo Editor 02/05/2012 at 8:25 pm
@ChildSupportLaws Hi. My partner and i are splitting up and we have two children together. We are not married. He signed an AOP for both children. I currently live in texas but i want to move back to indiana. i would like to have full custody of my children. do i automatically have full custody since im the legal mother and move back to indiana or what do i need to do in order for that to happen?
Tom 01/05/2012 at 3:53 pm
Hi just wanted some advice I've always picked up and dropped off my daughter for the last 12 months. Me an my ex wife have decided that we won't go out of our way anymore to help each other so I til her she would need to share the responsibility of either picking her up or dropping her off I'm happy to let her choose. I do believe it should be shared we both haven't got a car and we would use public transport just like I have for the past 12 months. The ex wife is saying if I don't pick up and drop off I can't see her but I feel I'm bein fair and now me and my daughter because to me it seems likes she's being lazy
Bob 27/04/2012 at 2:02 am
I agreed a full & final settlement with just enough to buy a small house with a mortgage. My Ex was left with the much larger family home as it was originally agreed that our 2 children would spend more time there. If custody changes and the children move in with me, can I claim anymore from Ex to help towards a bigger house?
ChildSupportLaws Editor 25/04/2012 at 2:05 pm
@JPM. yes you'll have to take it back through the courts to get the maintenance and residency arrangements changed.
jpm Editor 24/04/2012 at 1:33 pm
@ChildSupportLaws - My daughter has recently come to live with us (aged 15) as Social Services took her from her mother due to violence towards her. My next step I guess, is to obtain legal 'custody' of my daughter and cease my child and spousal maintenance payments (£300 & £325 respectively) to my ex-wife. CSA have never been involved - all orders were made through the courts. Questions are: How do I go about achieving this? Do I have to go through the same court in order to get things changed?
Taz Editor 24/04/2012 at 11:12 am
@childSupportLaws Its taken them in total 7 months to actually decide what was wrong with the case, and after looking in to it in great detail and requesting backdated wage slips from his employer as far back as Nov 2006. As well as splitting the case (monies) as my son now lives with his nan. They telephoned the ex and contacted him regarding arrears and an explanation but ex was abusive, said he was going to give up his job and put phone down on the CSA - they told me this the morning when they telephoned me. He already has an attachment of earnings order as he did not voluntarily provide payments in the first place. The fact its the CSA's fault in the first place, I can see why he is angry as its their mess, but he tries his hardest to pay the minimum amount he can, whilst buying new cars and going on holidays etc.
ChildSupportLaws Editor 24/04/2012 at 9:41 am
@Taz. Have the CSA not tried to claim the arrears from your ex?
Taz 23/04/2012 at 5:59 pm
I made a complaint about the CSA, initially 5 months ago, as they were looking into my case I was made aware that there was a CSA clerical error, owing me nearly £3,000.00 - I am aware that this is classed as maladministration. The mistake was made back in 2006 and not corrected, until 2011 when circumstances changed due to my ex wages. I was informed of this today, 8 months after I had made the initial complaint to the CSA for the time they were taking to process my change of circumstances. Would I be entitled to compensation from the CSA due to their lack of diligence, incompetence and stress, I have been pregnant throughout this nightmare and its not been very nice, and they still have not sorted it out.
ChildSupportLaws Editor 23/04/2012 at 11:59 am
@Jade. Your boyfriend should take this to mediation and the courts to get some formal contact arranged that suits both him and the mother. He should continue to pay maintenance to support his child as this is not based on whether he sees the child or not.
Jade 23/04/2012 at 9:03 am
I'd like to add on my previous post that the ex has a partner and he can be extremely abusive. My bf and I have both been called at times to pick up the child because he has punched/kicked the ex. Me and my bf aren't perfect and have had our ups and downs but the children have never seen violence. The child in question depending on what's going on at home and 'being a typical 4 year old' sometimes cries when he goes back to his mothers, however sometimes he cries when he leaves her. I don't condone my bf not paying maintenance either but he had no money. I wasn't gettin any help from him financially at this time either.
jade 23/04/2012 at 8:54 am
My boyfriend's ex has stopped letting him have contact with his son because she doesn't want me around him. We have been together for over 3years and have a son ourselves. He hasn't seen their child for over 6weeks, she stopped contact because he lost his job and couldn't pay the maintenance. He has since found one and was planning to pay at least 1week when he picked him up. This child has stayed over all weekend before, on week nights, i've had him on my own before now but apparently i'm now unsuitable and could put him in danger. I'd like to add that i don't get on with my boyfriend's family as they threatened myself and my son. The ex and the sister have become 'friends' all of a sudden and arrange contact with the child themselves. His father isn't allowed contact unless he has contact with him in his sister's pub. My son and I have a very good bond with the child, i have been seeing him since he woz 9months old, he's nearly 4. Where does my bf stand in all this? What can i do? I know I have no legal rights, but I have never put this child to harm and I don't want to accept the situation when it's purely based on spite.
ChildSupportLaws Editor 20/04/2012 at 10:12 am
@MICK. Was her ex violent towards your grandson as well? She might want to consider going through the courts and arranging supervised contact, where at least your grandson will get to keep in touch with his father without being placed in danger.
MICK 20/04/2012 at 3:27 am
My daughter and her partner who have a 10 mth old son have split up and she and my grandson have moved back into the family home. The split was because of his threats and acts of violence towards my daughter. Does she have the right to stop her ex from having access to his son due to to concerns about his welfare whilst in his fathers company. He has a suspended sentence for assault and drives whilst unlicensed and uninsured.
ChildSupportLaws Editor 20/04/2012 at 10:03 am
@MUM. There's no set age. A judge will discuss with adults involved in the child's life and take a view on whether he/she is mature enough to speak in court about what they want.
MUM 19/04/2012 at 6:26 pm
how old does a child have to be to decide which parent to live with
Nat 12/04/2012 at 11:00 am
Hello, I'm a married mother of three children. My eldiest biological farther has had regular contact with him since our sepeartion 4 years ago however has never paid anything towards him since he was born, 6 years ago. My husbands works within the mod so we move a lot and the distance between Us and his farther is 80miles. Originally we agreed every other weekend with shared holidays with him picking him up and us collecting him on Sundays but within this very same agreement we agreed that he would have to be flexible and sometimes bring my son back because of my husband being Away a lot and me not driving. However we have a medeation meeting and possible court arranged by him because he's not happy with having to bring my son back. There have been occasions when he has canceled on my son, times when we have done both trips too. He's not worked in six years and pays nothing towards our son even when asked for help. My husband loves my eldiest but is becoming more frustrated by being excluded from medeation however they have demanded his income detail along with mine. Myself and husband have two children under two together and moneys tight with three kids to care for when it's only my husband wage to work from. Iv been looking online but can't find any guild line rules a court would take into consideration. Will I be forced to get public transport to collect him Iv looked into it and it will cost £120 for the day and a around 10 hour trip via public transport with my baby and toddler and I know that my younger children would be affected greatly and we just can't afford it. I'm not scared of speaking to my ex but I'm scared that because he's been off work claiming social depression dispite having proff he has no problem with interacting with people he'll be favoured because we have an income in our house. Please help thanks nat
inkdnpierced 02/04/2012 at 8:55 am
my partner has a 20 month old child and lives 250 mile away from me. she wants to move in with me but her childs father is makin her pick me or the kiddie. now obviously i wont ask her to choose me over her kiddi. she lets her babys daddy dictate to her every day of her life. she has a juvi manslaughter charge from 5 years and because of this she is too scared to stand up to him and try gettin more custody and the right to move in with me as she thinks she'll automatically loose her child. is there anything we can do?
nikki 23/03/2012 at 3:48 am
hi my bf has a 5 yr old son him and his exwife have joint custody and his 5 yr old son is having alot of problems at school his mother refuses to do anything she has admitted that the 5 yr old has climb on things to get scissors to cut up his clothes and he is barely with his mother he is alot of times at his grandmothers what can my bf do when his son comes here he says things that people are hurting him and he does have cuts/bruises every time he comes here help please
JK 22/03/2012 at 6:55 pm
My brother is in a very bitter custody battle with his ex-wife for his 4-yr (nearly 5) old twin girls. My brother currently has shared custody (each parent has alternate weeks). Today a legal adviser to the court has recommended that my brother lose shared custody. This is purely on the back of disgusting false accusations made by his ex-wife against my brother and our family. My brother is quite rightly demanding a proper CAFCASS investigation to determine what the children actually say and to find out what they want. The court does not seem to be interested. What can we do?
sg 20/03/2012 at 10:50 am
i have recently split from my partner and have 2 children with him he has been asking to have his children and i have said no because hes on drugs selling drugs he has been violent to me quite a few times and goes round punching walls and furniture one occasion dragging me down the stairs by my hair while i was pregnant and holding my eldest son also he has never really helped me with either children he would always put his friends first if i asked for helped he would just go to his garage and take his drugs with his friends my youngest children has disabilites and his own father called him a spacker which is just disgusting he has been very spiteful phoning social services telling people lies turning every 1 against me i dont really care what any one else thinks i just care about my children i want them to have there father in there life but dont feel i can just let him have them we both have solicitors as he has also threatened not to bring the boys back and feeli need things to be leagally binding and need to make sure hes not on drugs and that hes not gunna hurt the boys cos i am worried that he will he just seems to be doing anything about it not heard a thing for a while so was just wondering if there is a certain amount of time where he can do anything about it
Sao 09/03/2012 at 10:55 pm
I have been lookin after my daughter of 6 since birth with little to no help financially of her dad, he has had her stayin every other weekend fri to mon now for past two years, but has blown an incident up where I smacked our daughter because she was hysterical
Which happened months ago an decided he wants full custody, he was a drink problem an I hav always had concerns but allow my daughter to see him because she lives him dearly, where do I stand on matter does he have a case to go for full custody I am finding this very stressful
Su P 08/03/2012 at 12:35 pm
Hi there, my best friend is in a dilemma, she has a daughter who lives with her age 20 and her grandaughter age 1. her daughters boyfriend has not seen his daughter or contacted her in over 3 months now. Her daughter has met a new man who lives 150 miles away and she wants to go and live with him, she has expressed for months now to her mother that she has no maternal bond with her 1 yr old and does not want to take her with her to her new life. She wants her mum to take custody of the 1 yr old. how does my friend go about this legally , she is happy to take her grandaughter on but needs to do things correctly
DD 04/03/2012 at 5:40 pm
My ex husband walked out on me when i was 7 months pregnant and has never bothered with my son since. He would come once a year or when he would remember to see him. Each time he would text and i would make arrangements for my sister to take my little one to see him. He has never payed any maintanence for my little one even tho i have a court order. I never went after him for the money as i didnt want to fight. My son doesnt know him he is a stranger to him but the other day he sent me a letter from court saying that he wants my son for over night visits. Does he have the right to do this? I am worried sick as my son is very attached to me and he wont sleep if i am not around. He is such a well balanced little 5 year old that i really dont want to mess him up please help!!
PIE1 27/02/2012 at 12:26 am
I won custody of my son back in 2009, it was the most stressful 4 years of my life back and forth to court with all the allegations, torment and abuse thrown at both my son and I along the way. I have never felt so low as I did going through that ordeal, as part of my deal was that I sacrifice my career of which I did. The day I was awarded full custody unfortunately I did not feel I was the winner as the threats to put my son in to wardship took my soul away, how evil this system can be and how stupid the system is. The case cost close to half a million pounds of taxpayers money as I was forced into unemployment so was awarded legal aid. The case could have been concluded within two hours if they read the facts or even cared to listen in the first place. How happy I am now is that I was held here as a prisoner at the behest of the so called maternal family whom collected my son for visitation every two weeks on a sunday... well now it has been over 10 months with not a single phone call to ask how he is or any collection on a sunday since then.... Yes, I am now the winner and can celebrate that I stood up to the system and these very hollow so called maternal family whom really have never given a toss about my son, who is doing extremely well now and enjoying his life with his devoted loving father...
ej 21/02/2012 at 5:07 pm
My ex partner is threatening to take my son away after a messy break up, he is homeless, smokes marajuna, sells marajauna, has anger and temper problems also has a complaint lodged against him from social services about the way he acted during my labour, also has a criminal record, although he has a job and is on the birth certificate, he thinks he will be housed by the council if he has full custody of my son along with tax credits etc, he has never paid for my son and doesnt spend any time with him I can count on one hand how many times hes fed him and hes 5months old, his mother is also pushing for him to have my son 4 days a week which I know is for her benifit more than his, this whole situation is worring me sick, can he just come and take him from me and I cant do anything about it? what are my rights and do I have a legal right as to when he sees him?
EEA-MOM 16/02/2012 at 11:08 am
I was wondering how I should go on about my childrens custody. I divorced my ex husband through court in Iceland (Where i am from) but he now has a leave to remain in the UK (He's african)
He got sent the divorce papers but ignored them so that is why I got a court divorce and granted a full custody over the 2 children.
Now that I live in the uk, re-married, I am wondering how it works here, is my full custody valid here or is it another "story" ? Just wondering what rights i have if he takes it to court.
nanny4 13/02/2012 at 12:31 am
Has a father ever won custody in the uk my sons ex has made 6 sick and vile allagations against members of my family all have been no action by the cps and also thrown out of the family court as malisious allagations he now wants full residency of his child as his ex is with a man who has 10 criminal convictions and is behind this does anyone know if the family courts have awarded a father full residency as shared care with his ex has not worked
DAD 12/02/2012 at 11:19 pm
My ex-wife left the matrimonial home voluntarily whilst having an affair with an ex-boyfriend and removed substantial amounts of the contents. She made herself unavailable for our 3 children (2,4 and 6yrs old) and I was left to look after them. She asked me to leave them with her relatives in the evenings which caused great stress to the children and made them very unsettled and insecure. She regularly leaves the children with her 15 year old who locked my daughter in the garden. They learn swear words and vulgar language off of him. She also regularly dropped them off to my work place so that she could go to the gym and they would storm the place. My employers supported me and thankfully I kept my job by adjusting my hours. She hit me with a shoe and kicked my car infront of the children and frequently verbally abuses me in their presence. Her boyfriend attacked me with two other men and I suffered GBH. They smashed my car with baseball bats and she threatened to kill my dad and have his legs broken. I reported the former to the police but not the later. Her mother would threaten to put chilly on their tongue and in their nappies which, to this day has affected them mentally. The children have stayed overnight with me Mon-Fri for the past year as I change their nappies, feed and cloth them, put them to sleep, wake up when they are unwell, and take them to school in the mornings. She collects them after school (often late) and keeps them till 7pm. I then collect them and keep them overnight The school has threatened to involve child welfare officers since the children are collected late. . I want to be the legal resident parent, how can I do this since she is saying 'so what if I have not been available for the children, I have been leaving them with nominated persons of my choice, we're not living in medieval England!
Natalie 07/02/2012 at 8:37 am
my husband and I separated last year and I moved with my son back to where I am from to be near family 1.5 hours away. The arrangement was my husband has our child from a Friday evening to sunday or Monday morning depending on what we areed that week. However he has become more and more unreasonable to the point where I will have him one day this week. My husband calls all the shots and I'm Not strong enough to stand up to him because he drinks and if I get him in the wrong mood he will just refuse to bring him back altogether. My son is two and my husband works long hours either at the office or at home. And on both a monday and a Friday Finley has to go with him to the office or be ignored at his house which my husband knows I'm very unhappy about. I don't know how to deal with him as he won't discuss anything with me. It's all about him having the control and I've tried my best to be reasonable with him. I don't know what to do next.
Nana 02/02/2012 at 2:29 pm
My son's ex wife is with a new partner and they are thinking of moving away from the area, my son sees childen my grandchildren on a regular basis but they have said they do not want to move or to change schools, my son is upset at what age can they choose to live with their Dad?
David 31/01/2012 at 8:40 pm
I and my ex wife have joint custody over our daughter. But she has stop me having my daughter overnight due to no good reason. Does she have the right?
sian 25/01/2012 at 12:19 pm
me and my ex husband hav joint custody live within 10mins of each other i hav other children and remarried my ex lives with girlfriend , our child goes to school where he lives and i want to move to 20min drive away and change his school but he wont allow me to what are the rights , he works in his area and was brought up there what are my chances
David 10/01/2012 at 6:22 pm
I've been separated from my wife for 4years I have two sons 8 & 10
I've been having them every other week for 2 years Saturday first thing to monday am
My ex wants me to have them every week Friday to Monday
Will this constitute joint custody can I stop my maintenance payments.
Will I be entitled to tax credits as I am a cab driver not working weekends will severely damage my income
Pat 22/11/2011 at 1:34 pm
I have recently applied to vary a Child residence order where my ex-husband and I have Shared residency. Both my ex-husband and I are remarried. Our 4yr old son (soon to be 5yrs) is suppose to spend 1 week with each parent but to give him stability my ex-agreed he should stay with me as I have a monday-friday job(8.30-1700pm) but he does 12hr shifts (2 days 2 nights). we both just got married two weeks ago and I need to move to my husband MOD base- 1.30hrs to 2hrs away. I have no family in this area as I am a Pacific Islander. My ex-husband is in this area with his parents/sister/grandparents/aunties, etc.

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