If you are seeking a child arrangements order (formerly referred to as custody) of your children, you will need to use Children Act form C100 which is readily available from the HM Courts and Tribunal Service website. The order that you will be seeking from the court is a 'child arrangements order'. It is possible to share custody with your ex-partner, although the courts are sometimes unwilling to grant these types of orders on the basis that they generally mean upheaval for the child, in that the child has to live in two homes.
If you're uncertain about which forms are required for your specific custody situation, you can quickly identify what you need using our free Court Form Finder.
A child arrangements order also gives the person with the order 'parental responsibility' for the lifetime of the order, which usually lasts until the child turns 16. If you are in any doubt as to the type of order you should be applying for, seek the advice of a solicitor.
What a Child Arrangements Order Means
A child arrangements order enables a parent to take their child out of the country for a maximum period of one month without having to seek the other parent's consent. If you are seeking to emigrate on a permanent basis with your child, you can only do this with your ex-partner's consent, or by order of the court. Similarly, a child arrangements order does not allow you to change the child's surname without the written consent of your ex-partner. For more details on this, see Specific Issue Orders on this website.
It is worth noting that, if you get a child arrangements 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.
Check what legal rights you have as a separated father. Takes 2 minutes.
Try our Father's Rights Checker free, here on this site →Who Can Apply For a Child Arrangements Order?
The parent or guardian of a child can apply for a child arrangements order, as can the married step-parent of a child, as long as that child lived with the step-parent as 'a child of the family'. It is also possible for someone who has lived with the child for at least three years to apply.
In making a child arrangements 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 child arrangements order, and whether their routine is conductive to caring for the child.
- The domestic routine of the child up until the present time
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Other Considerations
If the child's parents are unmarried, the mother has sole parental responsibility until the father gains parental responsibility. This can be done either by agreement or through a court order. 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. You should not let this dissuade you, 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 child arrangements order.
Help Filling Out the Forms
There are numerous resources online that can assist you with filling out the forms to apply for child arrangements orders. The HM Courts and Tribunal Service website publishes guides to assist with The Family Rights Group, which has a step-by-step procedure to help you through the application. There is a lot more information on the Cafcass website and Dad Info, among others.
I have an 8 year old son who currently lives with his mother in wales UK.
Over the recent coronavirus outbreak/ lockdown, my family and I suggested to have my son here with us in Manchester give respite to his mother and also allow her to return to work as I was on furlough. soon after his arrival I was looking through his mobile phone and found a string of messages dating back over a month which were cries for help from my son to a family friend on his mothers side as he had been left vulnerable without food, supervision for entire days at a time while his mother lay in bed unable to wake up. We initially decided to have my son remain with us for an undecided amount of time until his mother could prove she had sought help for what we found was alcohol and prescription drug abuse. Sadly the mother denied having any such issue and very short after filed for a court order requesting the immediate return of my son back in to her care. my son had decided over the few weeks he was with us that he wanted to live with us permanently.Since then I have been told by an ex-partner of hers that he has photo/ video evidence of the extent of the neglect which he will be willing to share if called upon as a witness in court.
I don't have very much money at all so am going to be representing myself as my ex has filed a court order to stop me ever having contact with my son as I refused to let her physically see him for 6 weeks prior to the court order. I also submitted a C100 form during this time which has now been added to the court files which was asking for custody and the reasons behind my request.
I do feel as though I have prepared a good amount of quality-presentable work for the court, however I am in need of recent case studies......and any other advice around going to court, such as what happens in each session, what forms, statements etc i should be preparing. Any advice at all would be greatly received.
cheers guys
Dan
I had a one night stand with a lady some time ago, she had a child which we have done a DNA test and the child is mine.
I am not on the birth certificate.
The mother is a known prostitute who advertises her services online (proof provided) also with a history of mental health.
The child is showing signs of neglect as at 2 years old they are unable to talk or string any sentences together, along with being unable to control their temper or rage with not getting their own way.
What would my stances be on obtaining full custody?
14 months ago, my wife took our children 8 and 9 year old boys, and left the house accusing me of Coercive Control. As she refused to allow me any contact, I had to take this issue through the courts.
We have just concluded the Final Hearing, The judge said that there was no proof or evidence of Coercive control, CafCass stated that I was a suitable parent and they had no issues with the boys being with me (an order was made to share school holiday access including 2 weekly stay with me over summer holidays).
My wife home schools the boys and they are falling behind in their education, I want them to live with me to return to the local schools.
Despite the judge stating that I am an acceptable parent, He awarded residence to my wife, due to the rules of 'maintaining Status Quo'.
What is this rule and is there anything more I can do now ?
Thank you,
Philp
I have a restraining order against the dad which was put into place in December for 5 years which states he can only communicate to my mum regarding access for our daughter.
It is becoming quite difficult with the 50/50 care without being able to discuss things and him wanting every decision to be made equally.
Our daughter has suffered with medical issues which seem to have resolved itself when she is with me but not with dad which again I cannot find out why as we cant communicate.
I would like for my daughter to spend more time with me so I can try and get to the bottom of the issues plus I am pregnant so will be off work and able to spend more time with her rather than her being with Dads family members etc
This I know he will not allow as he wants it 50/50 and says I am not allowed to change this without his consent (even though this agreement is only verbal between ourselves, no court has actioned this).
Am I able to apply for residence so access can be arranged? by no means do I want to stop my daughter seeing her Dad, I just want to understand what the issues are with her?
I was temporarily living with his family because of the house not being suitable and safe for myself and my children and my eldest son was abused by them emotionally and mentally as he is autistic.
Since my youngest was born he hadn't spent much time with him and preferred to work. He is self employed as a private hire taxi driver. He would work from lunch (when he gets up) till early hours in morning. 2 or 3am. He didn't show much interest in his son and would take him to his mother's who I don't get along with and leave him there. I didn't get much choice in that matter because if I refused a arguement would happen and he would take him anyways. My eldest would be left out in the situation as he isn't biologically his.
Due to the abuse my eldest and myself received I have to safe guard my kids. I let him have supervised contact with his son every Monday 10 till 3 as my eldest is at nursery and I need to get back for him.
I had to stop this contact by my health visitor and social services because I was still being abused by him and he was being unreasonable and always threatening me with court if he doesn't get his own way.
He now wants contact with his son unsupervised in which he would take him to his mother's where I will not get him back. His mother and sister will be looking after him as my ex would be going off to work or won't know how to look after my son. When my son starts crying he would take off because he can't handle it.
He wants more contact and overnight stay. He hasn't a clue how to look after him and it would be his mother or sister taking care of him. What should I do?
She moved to Northern Ireland about 6 months ago and I allowed it. I see my child often but sometimes the ferry or flight gets cancelled so she makes me wait to the next week to see him. I see him about a week a month.
I want to put this in a court order to make sure I keep seeing him. Will I have to go to court where they reside in Northern Ireland or will they have to come to court in England as I live here and I am putting the court order in. I am aware they work separately.
My partner then left the property earlier this year when it got too much and she asked him to not come home and wanted him out ASAP. she moved her boyfriend in almost straight away, whilst the house is still in his name alongside herself, she moved him in without asking or telling my partner. this boyfriend has since gone missing various times and causes a lot of stress on his wife (currently go through a divorce) she then asks us to have the little boy when he has gone missing, which is all ok with us but this is happening to often with the boyfriend going missing, now where do we stand in trying to get custody of the little boy? will this go against her that she has a boyfriend that is always going awol and giving over the little boy to us knowing he is going to be out of preschool because we live 1 hour away from school and both work so we struggle to get him to school?
he also plays up before her goes home, he is always good with us, of course as any normal child he does play up at times but he constantly says all weekend out of the blue 'no back to mummy's' and 'no see marky' which is the boyfriend, when they was together my partner done everything she hardly done anything for the little boy, he done all school runs, he got him ready, done school lunches, breakfast,dinner etc etc.
we just want to know where we stand with all this as he gets very very distressed about going back with her and he always has done since my partner has moved out of the property which is almost a year now and he seems to be getting worse each week.
I am an (unmarried) step mum to a beautiful boy (7) and girl (2.5). Since my partner and his ex split 3 years ago there has been non stop issues.
The ex (J) files for a no notice order in April 2016 for domestic violence and worry of child abduction .. there was no evidence proving this but it still managed to get through to court. The daughter (B) wasn't born at point of the court order so it was hard for the judge to rule any definite contact between B and her dad.. in the court order it states 'to be increased to the same hours as son (A) but at a child led pace' we have B every Sunday 10-6 currently but J is reluctant to increase time/have overnight stays.. will it have to go back to court to get progress on this? J has used the excuse that we can't increase contact to weekdays with A because B's bedtime is 7pm.. despite B being in the car when J is picking up A and we are told often be J that the kids have had a very late night so they will be tired.
B is often filfthy on contact with us and is more often than not, not strapped into her car seat properly.. when she is dropped at the meeting point she is halfway out of the car window without anyone unstrappi g her.
Also J is now living with a new man who A really dislikes. J has got B to call the new man 'daddy' despite their break ups often for months at a time. We are looking at filing for residence of A But wondering what the judge will seem necessary (A has a very bad attendance at school, is often very upset and isn't told to bathe often.. when he comes to us he stinks has dirt embedded in the cracks of his feet and hands and is generally unhappy.. he has stated on multiple occasions that he wants to come and live with us but as he is only seven is his opinion going to stand for anything? He's starting presenting with anxiety (picking the skin from his fingerprints and has been diagnosed with a tick in which he is constantly smelling his hands) it upsets both me and my partner very much to see him so unhappy and we just want the best for him.
I hope that wasn't to complicated to read.. there is a lot more to it but I have tried to ask as concisely as possible.
Thank you
We have got her enrolled in a school local to us and she is starting to be settled.
Mum hasn’t seen her for 5 weeks,let her down three times in the last week re contact... the arrangement is supposed to be following a meeting on 8th June that she has her every fortnight. Our concern is we have found out she is moving out of the City and everyday since Saturday she’s asked to have her and we and her school believe she intends to take her and not bring her back. Monday we reiterated we must stick to the arrangement agreed in a social services meeting, she agreed but a day later was asking to have her. We therefore have completed a c100 form and wish to put in an emergency arrangement order but it says we have to have a mediator sign it first. Due to the urgency is there any way around this because she won’t agree to a mediator and time is of the essence and my husband needs me to sort this as he’s at work
My ex and i broke up 6 years ago the relationship was full of domestic abuse of all counts. We have two children together. Hes never been regular with contact or payments but in april this year my daughter broke her arm in his care, he refused to seek medical treatment ir administer pain relief, 3 days later she returned home to me and the instant i saw her we went to hospital. The social services have been involved and classed it as child negligence on fathers behalf then a couple if days after my daughter had a panick attacj saying she cant tell me stuff or he will hurt her and kill me and if she moves from her bed he will throw water over her. The police were involved and they and social told me to cease contact til our next court hearing. My daughter told cafcass all about it and revealed that he mentally and emotionally bullies her too (which shes never disclosed to me) anyway my ex applied for emergency court to get contact and the judge never read any authority reports or the email cafcass sent them and granted him reinstated access til we are back in our normal court case in june. They went to his this weekend and he left them with his partner all weekend and they tried bribing them with new toys to change their stories. Im so scared that he is going to be given more access and iv heard he is applying for residency too. Neither of my children want to see him they have told cafcass and authorities this but in the emergency hearing i was told it wil affect their residency if i dont send them. Im so scared and upset for them especially now my oldest is starting to go through what i did by her father. I feel like the courts are just ignoring everything
Please help
I have recently separated with the mother of my children which was a decision created by herself in August 2017. Mid September 2017 the mother, whom I will refer to as ‘T', had decided that she wanted to give me full custody of our children ‘R' 1 years old and 'M' 5 years old.
This decision was made due to T's current situation accompanied by her mental state and attitude toward being a stay-at-home mother. I had asked ‘T’ to complete a written document and to sign this document confirming her endeavour to provide me with full custody to our children commencing January 2018. T happily provided me with the written and signed statement in Sept 2017. Within this time frame T had found a new partner and had planned to move in to a new home with this person around November 2017.
I accepted T’s proposition, gave up my career and moved into the family Home where our children reside. This move was made as per to her written and signed document and I took custody and moved into the home around Jan/Feb 2018.
Within this time frame I have maintained the welfare and needs in a healthy manner and maintained M schooling and also made arrangements with an excellent registered childcare for R which will allow me to move into a new flexible and rewarding career and maintain being the father to my children and more than sufficiently providing and meeting all needs.
Recently it has become an increasing concern and based on T’s words, actions and behaviour I now have strong reason to believe that T plans to come and take M and R away indefinitely, to her new home where she lives with her now partner, which is 1 hour 20 drive away, without any consent from myself and acting against the statement of custody which she wrote and signed.
I have not yet pursued the legal route for this as it has been my intention to keep the peace and remain amicable for the very best interest of the children as I believe and understand the importance of having both parents available for their upbringing.
My question now is what protection can my children and I expect based on this situation and what can I have put in place to ensure their safety and welfare physically, emotionally and mentally during this unsettled and somewhat careless situation/potential situations?
Thank you for taking the time to read my story.
Thanks x
The mother abandoned the child and he became the sole parent. He then moved to the UK and put his daughter into school she is currently in year 4 in the UK.
The mother then came to the UK and 3 weeks later she left again without a word.
The mother is a known drug user and prostitute and has had her second child from a client (child protective services has taken her son into care).
The mother in Portugal has no means to care for neither her son nor her daughter however she refuses to sign custody over to the father of the daughter. (His name is also on the birth certificate.)
The father does not want to take his daughter to Portugal and sue for custody as he is afraid the authorities will not let him return with his daughter to the UK without the mothers consent.
She has made it clear that all she "wants is to make his life hell by not facilitating custody."
As neither the father or daughter are British can the father of the child apply for full custody in the UK or can the UK court do anything about this matter?
Please can you give me some advice??
I am a grandmother and my son who still lives with me has a son who is 18 months old. He had a very brief fling with the mother (saw her 5/6 times) in early 2015 and didn't carry on the relationship. He hears via text some 28 weeks later that she is pregnant and that the child is his. Shocked to say the least, I wanted to meet the mother and see what was going on. She told my son that she was divorced and had two children who were 4 and 12 - no mention that they lived with their father. Anyway to cut a long story short, the mother didn't inform my son that she had her children taken away from her due to her alcoholism or the fact that she was still drinking at 28 weeks 2 bottles of wine a day, she had been a long term drinker for over 12 years.
I ultimately met with the MGM who informed me of this and the fact that SS were involved and wanted to see my son about this. She mentioned that adoption proceedings were underway. When I told my son about this he was taken aback, said he knew nothing of this, the mother had not told him any of this and so he contacted SS the next day to see what was going on. Since his son was born, he has been in his life every single day, SS have downgraded and bowed out and there is no adoption going ahead, but have said that mother is to attend TAF - what ever that is. SS have been terrible in all of this, not doing reports, missing appointments and generally messing about the whole time. When my son had approached SS regarding the mother's negligence of his son (she has stopped drinking and has been dry for 20 months now) but everything the health visitor and social worker put into brief reports were that they attributed all of her bad behaviour, neglect, filthy living conditions to her drinking. She still has these qualities but is not drinking and when he has brought up concerns with ss about her they immediately have gone to her telling her what he has said, which has made for a very difficult time as she keeps holding him to ransom that she is the parent who has residence and not him and kept threatening to stop his contact.
Anyway, the upshot is that things came to a head last month and my son took my grandson because the mother was in bed and had left my grandson in the lounge to dismantle the sky tv (again) and when my son went into the lounge having let himself into the property, go to the bathroom and wash up and change his clothes (10-15 minutes) his son was in a filthy state and about to place the sky power cable into his mouth. He made application to the court for residence and was granted it temporarily as the Judge said that the SS needed to do a report as she could not say one way or the other whom the child should reside with.
Upshot is adjourned hearing and the second Judge said status quo to be reinstated and CAFCASS to do a report. They have spoken on the telephone to my son and the mother this week and have now said that she will do report to the Court (section 37
im stuck not sure where to turn to
i basically seprated with my ex about 10month now i been paying child support and she receives all benefits as she doesnt work.
but lately she forced me.to pay though csa
which doesnt bother me but what bothers me is i set up my child to go preschool because she didnt wanna take her because she kept moving from hostel to hostels
now i take her school 1 day week at set days i have her and she takes her the rest but now she has pulled her out of preschool because its to far for her to travel (abour hour travel on bus )and when she does take her she only provides 2 items of food for her backlunch the preschool.not happy about it
she has no intention of helping our child for her future she just looks after her when she has her doesnt take her to dentists or moans when she has to tske her doctors
shes the main carer but i feel she doesnt deserve this and i have a stable house income
where do i start if i wanna try for main carer and she has visitations?
Does the circumstances change at all if the child was taken from the mother by docs
I have been a single dad to my daughter since she was 3 months of age, she is now 9 years old. She was born in Portugal but has lived here in England all of her life. Her mother practically abandoned her at 3 months of age, and since that time has had almost absolutely no contact whatsoever with my daughter. She does not endeavour to get in contact with my daughter even for her birthday or Christmas; and for a very long time I do not even know of her whereabouts.
I want therefore to seek full child custody of my daughter, as I have been the sole carer for her practically all of her life and her mother has had no involvement in her upbringing whatsoever.
Please could you advise me on this matter, and give advice as to how I would go about attaining full child custody of my daughter?
Thank you greatly in advance - any advice is greatly welcome.
Kind regards, Luther.
thank you in advance.
I could provide for the child, give it a home and I have easy access to nurseries etc.
I'm only 21 so I've got no Idea what actions I could really take and no idea what I can do but all I know is that If this child is mine I need to do what ever I can do in the best interest of the child.
I'm currently living with my partner and 2 year old son I have recently found out she has been cheating on me and before I end the relationship she thinks were giving it another go I want to know my legal rights with my son, basically I've been bringing him up since he was born and do everything for him and she basically does nothing, she has depression and has had dark thoughts and says she wished she didn't have my son and that she didn't have the bond with him when he was born, now if we separate I don't want her to try and take him just to get back at me, I'm on his birth certificate as the father.
Do you think I would get a residency order for me and my son to live in our current home as she will probably leave the city when she is kicked out.
Granting me access To see my son. I have parental rights as well. His 9 years old
I am in a new marriage and my wife is supportive and motherly to my son.
My issue is that overtime his life at home with mum as an influence has been negative on him as a child .
I do not wish to go into details. But I want to go for full custody as I feel the life he would have here will be better with the life I can provide him.
My worry is should I pursue this my ex stops me totally seeing my son and damages my relationship with him or that despite all evidence my ex will convince him it is best to stay with her.
I am looking for legal help or advice or just guidance of where to go .
I have been with my children's mother living as a married couple for over 5 years and actually married for 5years.
I am named on all 3 birth certificates and my children are 14 11 and 6.
The mother has recently separated from me and is refusing to let me enter the family home and only letting me see the children on set days and times, being apart from my family is excruciating and all I would like to is be there every day to look after them like I was.
I don't drink nor do drugs nor do I go out and leave the older two at home on there own for hours on end but I do work unlike the mother.
Can I apply for a court order to get the children especially the older two to live with me and see the mother at weekends or 3 days a week, the youngest is so close to the mother that I would not like to change that nor rip her from her but I do need help and advice,
Regards HeartbrokenDad
I'm in a position at the moment where I require some advice and would be grateful to anyone that could give it.
My situation is this, I currently have my two girls with me and my two boys are with their aunt and uncle due to a family conference agreement under a social worker and a "child in need" clause. The children were only supposed to be moved in with us if their mother failed to find a new home in the local area (due to the children staying in the same school) we had to make an exception because the children were put in danger by way of a police chase whereby the 4 of them and 3 adults were in a 5 seater vehicle with 2 in the footwell and a disqualified driver at the wheel. As it's only gone to the stage of children in need with social services I only have parental responsibility on my side and nothing solid or concrete as the mother still has the right to just take them if she wishes, her current partner is a drunk and constantly in trouble with the police and I feel he is a danger to my children as he's completely irresponsible. What should/can i do? Sorry for the long winded approach and believe me there is an awful lot more I could add but really I'm just looking for some advice. Thanks in advance
6 weeks ago my wife txted me saying we aren't together any more ? IM a injured war veteran I'm 34 yrs old and I've cared for our daughter Poppy since day 1 min 1 I held her first so the bond we have is enormous. My soon to be ex wife works full time so I'm a stay at home dad ! I'm having to move out of our family home where I payed 13 grand for the deposit and 6 grand so my wife could spend 6 months off work after the C section. She's now threatened me with quote 'it's my house I am on the mortgage your not' and 'if you carry on ill fight you in court for our daughter'. I've been heartbroken, emotional blackmailed, basically left to breaking point and suicide because she's broken my heart she abandoned me whilst going through rough treatment on my spine basically 6 weeks of torture! The only reason I'm still here is because of my girl that's it! I'm ok sort of now I'm seeing somebody about it and on the way up but she's still sticking her 50p in whenever it suits. Now my baby girl is normal 20m old child she's funny everything you would expect of a toddler and more, now my question is this! Because I suffer from PTSD and I'm disabled from serving my country would the court look down on me as unsuitable because of the PTSD etc ? Even though the council has found me a bungalow to live in by a ocupational therapist which she said I'm ok to have her with me ? Because she works full time ? Will they reject me because I'm going through a pretty rough time ? Even though it doesn't effect Poppy ?
Thanks ? God help me
Thank you.
My brother and son would stay at my house every other weekend sometimes more, at this time the mother didn't want this but knew it was right... But, they had an argument, and obviously, she said that he wasn't allowed to see HIS child however I continued to do so... About seven months ago myself and my nephews mum had an argument and now I'm no longer allowed to see my nephew and let's be clear that her words were 'stay away from me and my son'. I have asked and asked to see him but she has blocked my number and things like Facebook, I allowed her to calm down from the argument we had and then I managed to contact her and asked to see him, her words were and I quote "You know where I live, you could have come round." To me I was pretty shocked, at first I'm supposed to stay away but her words have contradicted themselves. 'Stay away' 'you could have come round', a lot of mixed messages.
Anyway more to the point, she has said people like me should stay away from her son even though I used to live with her, pay for nappies, baby wipes, and EVERYTHING my nephew needed even if I didn't have the spare money to do so, I would spoil him in every way when I was with him, I don't understand why I have earned the title 'people like you' as if I'm a danger to him or anything of the sort. This child means the world to me, and all I want is to be able to have a relationship with him as he is very young and all I will be is a distant memory to be forgotten.
My brother on the other hand isn't so 'efficient' he wants to see his child but we can not force the child's mum to allow us to see him, and unfortunately for us, money for court isn't something that we can easily come by. He has come to the point of acceptance, a dad accepting that because the word of the mother being he can't see his son accepting that no really does have to mean no. There's no financial support for this anymore (legal aid) we both know that her word WOULD NOT stand in court, don't get me wrong, she's a good mum after all of the crappy things she has said about us I can not say she is a bad parent. She didn't put my brother on the child's birth certificate so she believes that he does not have any perental rights, but my nephew is like looking back a number of years ago at my brother and is 100% without a doubt his child, birth certificate or not he is the child's dad, all it would take is a DNA test to prove this.
Does anyone know what we can do? Or at least what I can do?
For the past 7 years myself and my two children's grandmother have unofficially shared custody of my two children.
My ex suffers with mental health and drug issues and has not played a role in the upbringing of the kids.
The boys stay with their grandmother during the week as they go to school 5 minutes from hers and stay with me from Friday to Sunday every week.
Social services has just got involved as my ex was recently sectioned and have now told us that we need to sort this out officially as their grandmother technically has no parental rights at the moment.
How do we go about doing this? We both get on and the mother has agreed that she is happy for us to take over officially.
Can we both share joint custody as we both get on and only want what's best for the kids but due to this being such an unusual scenario we have no idea how the courts will see things?
My brother and his ex partner have a 14 month old daughter together. His ex partner and daughter used to live with him. His ex partner and daughter then gradually moved out and back in with his ex partners mum. Now my brother does not get to see his daughter as much as he would like. His ex partner will not let him have his daughter over night or even for a few hours through the day. If She goes on nights out with her friends she et's her mum or sister have his daughter however will not let him have her even though he does anything he can for his daughter and is a brilliant dad. She is not willing to let him have his daughter so mediation would not work as she will not be willing.
What can he do to be able to see his daughter and have her over night sometimes. What are the first steps he needs to take as this is heartbreaking for him.
Hope you can help
Now suddenly she is refusing me to meet my children and I want to take official custody of my children.she got resident permit but she still don't have any job or house.please advice me what chance I have to get my children and how to proceed.
What's his chances of applying for a residency order and it being granted?..he doesn't want to keep them from their mother but just wants her to get some help for herself.
The oldest 2 children 11 and 8 want to stay with my brother but they're worried they'll be sent home..any info would be great.
Thanks
Me and my daughters dad spilt up last March, me and my daughter moved 3 hrs away to be closer to my family. In the beginning we agreed on him coming to see her whenever he wanted and for him to pay me a certain amount a month. Then suddenly everything changed, he's been up to see her twice in nearly a whole year and expects me to take him to see her whenever he sees fit. His family on the other hand have not bothered to come and see her at all but he feels it's important for them to have a relationship with her. I have refused to take her down there, I don't drive and can not afford train/coach fees all the time. My daughter is 16 months and feel it's unfair on her to drag her back and forth when he can easily get on a train/coach to come and see her. Never have I once said that he can not see her, I just want him to make more of an effort and come to us. He now has a new girlfriend and because of this he didn't come and see our daughter over Christmas as he couldn't afford to pay for them all to come so he didn't come at all. He seems to feel it's ok for him to say he can't afford to come and see her but it's not ok for me to say that I can't afford to go down to him (if that makes sense) he keeps threatening me with getting legal advice but I don't feel as if I'm in the wrong seeing as he's the one who won't make the effort to come and see her. Am I in the wrong? Oh and also he had uncontrolled epilepsy so I will not let him have her on his own incase anything happens. Thanks hope you can help
I am going through a divorce at present and I would like to have joint residency for my two children one nine and the other thirteen. I understand that that it is difficult to get these orders agreed in England however I determined to proceed.
I asked my ex to consider the following as a solution to the problems of disruption to the children's routine;
The children stay in the family home and my ex and I share it on a weekly/monthly basis. All costs split equally and the children are not disrupted at all.
The reaction of my ex was swift and she has refused to even consider it. She cannot afford to stay in the family home and wants to sell up and have the children with me having access. I can afford to stay in the family home but she will not consider this as she wants the money out of the property and I am not able to raise the money to buy her out.
Would this proposition be considered by the court as realistic alternative to having dual residencies?
Their school have reported her to social services twice now due to the state the children are in but social services seems to think everything is fine. The kids go to school with no breakfast and are always dirty and smelly, she doesn't keep up medical appointments for the youngest who has asthma. They are not doing well at school either and she never helps them to get homework etc done. What can we do? We feel helpless to help them.
My son wants stability in his daughters life but is worried the cards are stacked against him as fathers rarely get to have their children. She has mental health issues. Is there any hope? Please help and advise us.
Thankyou
R
I was wondering if anyone was able to give any advice. My partner has an 8 year old daughter who lives with her mother, he gets to see her when his ex is working, there are no set days. The thing we are worried about is his ex is mentally unwell, she was diagnosed with bi-polar years ago when my partner said she needed to go to the doctor as something wasn't right. She has bad episodes, won't seek any more medical advice after they have told her its bipolar and I dont think she takes her medication.
His daughter loves coming to stay and recently my partner has been getting horrible texts from his ex saying his daughter keeps being naughty with her and her new partner, she never is for us. My partner gave his daughter a mobile phone so he could contact her himself without having to go through his ex as she can be difficult when she is having a bad day mentally.
Last night when he dropped his daughter back off at her mums, his ex went crazy because she said she wasn't allowed the phone anymore as punishment for being naughty, so her punishment was that she wasn't allowed to text her dad. She was pushing my partner, threatening to throw the phone at his car, his daughter was crying her eyes out, and when he drove away his ex was on the doorstep cackling like a witch. My partner was really upset about this because he's worried for his daughter. Her mum is mentally unwell but only seems to show it us, she manages to somehow put on a sane front at work and infront of others I think.
What can my partner do? He would love for his daughter to live with him as his ex is unwell, one time when they were together she went missing for a day and came back and said she was stood on top of a bridge threatening to jump. But what can he do? Another thing I should mention, when his daughter was born, his ex wouldn't put him on the birth certificate. So I'm not sure of his rights. He's also worried if he reports her for being mentally unfit to look after his daughter, that she will play the sane card for the authorities and then she might stop my partner from seeing his daughter. Because there is nothing is legally bound, she can very easily say he's not seeing her anymore. Does anyone have any advice? We just want his daughter to be safe and happy. Thank you in advance.
My situation is complicated and I'm not sure what my options are so I would be grateful for any advise.
My daughter is 6 years old.
I split up with my partner (the mother of my child) almost a year ago after she admitted cheating.
We still live together but sleeping in different rooms. My ex has been trying to move out but has nowhere to go and cannot afford to rent. She has applied for housing benefit but none of the tenants seem to accept it.
The house we are living in is owned by my parents as it is their second home.
My ex does not formally pay rent but does pay me 50% of the household bills (electric, gas and water).
My ex has a new partner who lives over 200 miles away. They phone each other every day for hours and my ex keeps asking my daughter how she might like to have a brother and sister in the future. My daughter has not met my ex's new partner yet.
My ex has a part-time job but the hours she works mean that she is reliant on me to pick up my daughter from school every day. My ex also travels to see her partner for 2 weeks at a time, leaving me to look after my daughter.
I'm unemployed and it is difficult for me to get a job because I have severe social anxiety which makes me appear extremely nervous in job interviews. I have had many different jobs but my bosses always complained that I was 'not confident' enough. I have only been diagnosed with 'anxiety with depression'. I hope this doesn't go against me, but it shouldn't because my ex also has been diagnosed with depression.
What do you think about my situation? When I have told my friends they often say 'Why don't I kick my ex out?'. This seems like the most obvious solution but it completely disregards my daughters emotional well-being. Currently I get on amicably with my ex for my daughters sake and it kicking her out from the home would cause a massive backlash from her family who live locally. I don't want to make things worse!
Dear separate dad's, the mother of my son 2yr old) insults me, threatens me and is obsessed with my 5yr daughter from a previous relationship and her mother. Jealousy and insecurity are obvious from the abuse - there is no more talking to be done with this woman, I've told her to get counselling, but you can imagine how that went down - every week there is an insult about me or my daughters mum, a threat of violence against me with demands for more money. She banned me from seeing my son only to contact me a week later saying she can't cope and I need to get my son as she thinks she might hurt him. I'm scared for my son and fed up with him being used against me as a control tool. Please advise - as I have to block calls and texts from her just to get on with day - day life. I want custody of my son and a restraining order on his mother.
stay living with me, even when we were still together but lived apart he lived with me all the time.
3 years ago his mom moved to UK for 10 months to join his partner after she met him online. 10 months
after she return to our country just to take my son away after I told her, I would agree if we put it in writing.
When she refuse to do so I ask for an emergency hearing to appeal for shared custody but she managed to get on the plane and get away. For a month of two I couldnt speak neither thru whatsapp or skype with my
son cause my ex partner decided so and even later when we could again, they never let him speak
unsupervised cause he told me once the guy beat him.
I decided to this year after the husband of my ex (they married last year) contacted my on viber regarding
my " help " on my sons education. I felt something was wrong after my ex told me I always has to trust my
son. They never told me where they live and which school he attend so, the second day I surprise him, her mom told me how abusive he was but she still is being mean by blocking my phone and not letting me talk to my son. really a long story but I want to go for custody of my son or even shared custody. Im even afraid she's not mentally right
Pls need some advice
Am awaiting another court date to try and get this order quashed as its all lies.
How DO I STOP HER GETTING FULL CUSTODY????
My ex is now saying that as I had broken the agreement, she is stopping me having them and saying that if I want to see them, I have to go through court to get access.
Now this sounds very petty and I know you're thinking, there is something more to this but, it is that straight forward, simply she is saying that, if I do not have them that set day then, I can not see them.
My question is, am I allowed flexibility, reasonable flexibility on dates to have the kids? I have no one else that can care for them if I am not able to have them, but then saying that very rarely will I need to, just on rare occasions like this.
I've never missed or changed a date in the six months this arrangement has been in place.
My ex has gone for a non molestation order and residency order. He grounds are entirely fictitious.
She has always been the violent one and has mental health issues, been on Incapacity benefit for 10 years.
However this Monday she assaulted me, trying to bite the tip of my nose off and has been charged with assault and criminal damage.
She is in the magistrates on July 27th and we are in Family court on August 5th. Her bail conditions are she cannot return to the house until court, so I am juggling work and looking after my 12 year old son. My solicitor suggests I carry on trying to move out. I have been harassed out of the home and even when she is being prosecuted for violence against me, it seems she can still deprive me of our home.
I am more than willing to organise care for my son when I am working and care for him full time. Can I put in a counter claim for residency, I am worried to leave my son with her?
Husband has a 2 1/2 yr old daughter and we have been having her every weekend since she was 6 months old. She goes to nursery 3 days a week and spends the other 2 days with her mum.
We now want to go to court and ask for co parenting and be able to have her 50% of the time meaning even during the week as we are able to take to nursery also.
But her mum only wants us to have her weekends but our argument is she never has family time with daughter and her new partner and his kids.
We have never missed child maintenance payments and we do all the picking up and dropping off which is 45 min there and back Friday to Sunday as mum says if he wants to see his child then he should be doing all the picking up and dropping off.
We also pick up daughter with her on Fridays at 5.10 and we have to wait in the car for 50min before she allows us to take her home. She insists on taking her to her house which is 2 min from nursery. She does not want dad to go to nursery without her.
Do you think a judge will give us co parenting/ joint custody?
then she realised that should could never work and she started drinking and abusing prescription pills and for tge lasy 6 months lost a lot of weight and started having MS attacks and a second minor stroke
I started monitoring her and a month ago she walked out the house with my 8 year old son but left our daughter with me
she gets legal aid and has now applying for full custody of both our children
now for most of our marriage I have been the person who takes care of our children
I feel lost as I can not afford a lawyer well she gets all the help in the world
would you know of any lawyers that can help me ...... our children are my life and she is very lost
I have been with my boyfriend for over a year now and he has a daughter. His ex is threatening to take him to court because her aunty saw me getting off the bus with my boyfriend and his daughter. I then waited at the bus stop while he took his daughter back home. I don't know what house she lives at or anything. She knows about me and knows I see Her daughter. She made out to be angry with the fact my boyfriend didn't tell her I was going to be on a 10 minute bus journey with her daughter. I have never been left alone with her child, I have never took charge or played mother hen, never fed her, bathed her, changed her, pushed her pram. Nothing. She knows all this but wants to take her daughters father to court because of him keeping thinks from her.
She also has another daughter who's father she has a restraining order against.
I was just wondering how far this could go.
I think about leaving the relationship for the child's sake but I haven't done anything wrong and I am no harm to the child.
Thank you.
I would just like to add here that I do not pay maintenance and I do not work.
She says she is happy to go to mediation, and I want to go to try and stop her from moving and moving my daughters school.
Can i do this?
My son does smoke canibus on occasion but never when his son is around! What chance do you think he has?
Thanks in advance
Despite wanting to spend time with my daughters my ex goes the extra mile to allow access on her terms only and I have no say in the arrangements. I have written letters to her with suggested schedules but she will then disrupt that schedule to suit her.
How can I formalise arrangements and have a say in when I see the children?
Thanks..
Try... coram.org.
I have found them very good, and offer free legal and up to date advice on the phone or you can send them a question and actually get a reply. :)
Also look up Karl Lentz on you tube... He's good at pointing you in the right direction to family law and other law area's. He can suggest various mean to apply the definition of "Rights to your Property" in your own family cases... As solicitors will not use these tactics due to Common Laws and would be out of business...
At the end of the day... We ALL as Fathers have Rights to our Children... That is the Children's Rights also... Enshrined in law... The Children's Act 1989 1. states such.. All rights to your children and property... Your Children are your Property and co Owned with their Child's Mother... We all have a right to restoration of our property. No- where in Legislation does it state you have NO Rights... That's why people can't answer questions straight forward... Certainly not solicitors as they know you have Every Right... Solicitors and the Courts pray on your lack of knowledge and fob you off... Start Reading and familiarize your self ...thus arm yourself with the knowledge to Protect Your Rights and be prepared to fight to the end...Good luck and keep the faith. :)
I've spoke to CAFFCAS and they said there is no case against safe guarding issues against me, I've also spoke to court to ask if there is anymore paperwork to send to them and they have said no. I walked out of the martial home about 18 months ago due to order children (not mine) ignoring me also my ex wife not supporting me, forcing me on strong anti depressants also not paying bills. She had stopped me from seeing the girls for the first 6 weeks & then was aloud to see children for 3 hours, once a fortnight & supervised by a family member, which had no right to do. I followed these orders for 6 months and she had found it differcult to find someone to supervise, so she said she would do it but I didn't want to be in her company. She had stopped me to seeing the girls for nearly a year now. There is no domestic violence or physical abuse towards children and nothing towards her either. Just after advice to know what to court will say if to go back again or if they will make a desion on the first date ? Be good if I can speak to someone who has been through it. Thanks
I've got a question or may be a few?! At present I have submitted a court application over shared custody/parental responsibilities in Germany. Over 4 years I tried to find a peaceful solution but it did not work with my former partner.
Our daughter was born in the North of Ireland 13 years ago. I am German, the mother is English. We were in a relationship for 11 years and now separated 4 years. We are both registered on the birth certificate of our daughter as parents. However we were never married. Did we have automatic shared custody then? Or was it always sole custody over the child by my former partner? We have since moved to Germany but separated over here. At the moment the local judge thinks, that we might have had shared custody all along and there is no need for a court case. I'm not sure.
German judge locally . He argues/thinks that under British law, the mother has first sole custody over the child ( Sec. 2 Part 2 of the Children Act 1989) if the parents are not married. However the father gains shared custody (amongst other things) or parental responsibility (under regulations of Births and Deaths Registration Act 1953)if if he is registered on the birth certificate of the child and has signed. All 3 of us are living in Germany now, only 4 miles apart I have regular fortnightly weekends with my daughter and holidays as well. In the past there have been massive restrictions put in place by the mother at random or wholly unjustified for example only access for a few hours only with rd. person present. This was made up and decided by her not by a judge or social worker.!!!
Now things are easier . However it still bothers me a lot, not being recognised as a equal parent and treated fairly, caring and well meaning, baring in mind the best interest and well being of our daughter.
Yours sincerely Modus
As you are looking after a child that has suffered physical harm and that is the same person you would be seeking to have a child arrangement order 'against ' you MAY be entitled to legal aid. So contact a local family law legal aid lawyer and enquire.
Also get confirmation from social services as to whether they have placed your children with you under any kind of written agreement with your ex. Also when you make your application, social services will do a report or your care of your children, so make sure you engage fully with them so they support any application you make.
Good luck Sue K
Me and my ex partner have split up over a year now and have two young girls aged 4 and 7. In the last month the girls have been handed to me through the social services after my ex partner slapped my 4 year old daughter across the face leaving a hand pr8nt which ladted for about 4 days and now the ex partner is ask my 7 year old daughter everything she has been doing while in my care trying to pick out bad pointers against me so it makes me look like the bad one again.
The girls have said they don't want to go back to live with ex partner so I have be to get the c1 form for the courts. I have been trying to help the girls to see there mother even tho she still hasn't handed over anything or tried to contacted the girls through anybody the past 8 weeks. I need help or advise on what the best actions to take, I have applied for the childrens benefits and waiting for my ex to kick off, once she has conformation from the benefits team cause its under the law of fraud. So please can someone give me advise.
Care and I am worried about the baby is there anything I can do or will she get to keep the baby and maybe destroy another life
Im looking to get full custody of my 2 year old son, him and his mother live in Wales and i live in England. She sufferes with Bi-polar disorder and has serious lapses in her mental health, sometimes cannot cope with my son and has historically refused to take her medication to the point she has been hositalized. She will often request the assistance of my mother and father and I often receive reports that her house is quite often below what one would consider "a hygenic living space" from family members and others concerned. This is due to, what she would describe, as her ability to cope with house work due to her mental health disorder. I also receive reports that my son is neglected and left to cry without her checking on his wellbeing and on one occasion giving him alcohol untill he became intoxicated and she was joking about it with friends at a local private party.
Naturally i am extremely concerned of the welfare and safety of my little boy - as she has also commented via sms messaging that she wanted to "take a whole bottle of sleeping pills, go to sleep and never wake up" - and so want him to stay under my supervision, but my circumstanes mean that I would not be able to afford the legal fees needed to pursue such a case.
My main concerns are the implications this will place on my son's situation. I.e can I request a family member look after my son whilst proceedings take place and not a
"Local authority"?
As well as the barriers and limitations of access to legal advice and other such entities due to my finiancial situation. I ,however, should make you aware that my situiation financially is stable.
I hope that with the thousands you must receive everyday, my request reaches you in good time and you happen to come across it.
thanks
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