Your Rights if You Win Custody of Your Children

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Your Rights if You Win Custody of Your Children

The important fact to remember is that, in the majority of cases, the father will not be granted custody of the child by the courts. Individuals and groups have complained about this bias of the courts for several years, but it’s simply a fact that unless the circumstances are exceptional, the child or children will stay with their mother under a residence order, and you will be able to see them with a Contact Order.

If you've been granted custody and want to understand what this means for your parental responsibilities and entitlements, you can use our free Rights Checker.

Conditions For Father’s Custody

However, there are times when a judge will look very favourably on a father’s application for custody. Where the mother has a history of addiction to drink or drugs or an extensive history of binge drinking, which you can prove, there’s a good chance you’ll be given custody. There are solid reasons for this, since addicts often turn to crime to feed their habits, which can put the child in situations that aren’t good as he or she grows.

The courts take a similar attitude where the mother has a criminal record, at least if it’s a reasonably extensive one showing her to be a repeat offender. That applies whether she’s in jail or not (there are instances where mothers in jail can keep very young children with them, but those are few and far between).

The mother might be considered physically or emotionally incapable of raising a child. That might be due to a physical handicap, or it could be emotional instability. In those cases, the father would be given custody.

Similarly, where there’s been emotional or physical abuse of the child by the mother, and it can be proven, then the father will definitely receive custody. Sadly, abuse rates by mothers have been on the increase.

Finally, if the mother is deemed to have abandoned her children, the father will receive custody. Abandoned is classed as not being in communication with a child for a set period, whether by mail, phone, physical contact or email. Also, if she leaves with a new partner and has no contact with the children, or if she neglects the children when they’re in her care, then custody will devolve to the father.

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

Your Rights

When you have custody, you have the same rights as a mother with custody, and the mother would have Visitation Rights with the children (of course, there might be circumstances when she might be denied access). Be sure you obey the contact order fully.

Something to be aware of is that the mother can later petition the court to have the residence order changed, if she’s cleaned up her act and can prove herself to be upstanding and likely to be a good parent. Sadly, there’s a fair chance she might win, although the courts will take the wishes of the children into account.

You’d do right to feel that everything is more fragile than if you were female, since it probably is. She can always come back with her lawyer.

The Next Step

Father's Rights Checker

Now that you have read through the advice above, you might want to put it into practice. Our Father's Rights Checker lets you check what legal rights you have as a separated father. Takes 2 minutes. Try it now →

Would you like a family law solicitor or mediator to contact you? Get help →

Tell us a little about your situation and we will try to match you with someone who can help. It is free to ask and you are under no obligation.

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Ask Separated Dads a Question
SeparatedDads Editor 21/05/2026 at 9:19 am
@Monica There's solid sense in points 2, 3 and 4, particularly the bit about focusing on what you can actually control. Sobriety, steady work and showing up consistently really are the foundation any father needs if he wants a realistic shot at custody or meaningful contact. The faith angle won't land for everyone here, but the practical scaffolding around it (support groups, accountability, taking responsibility) is sound advice regardless of belief. Courts notice stability over time, so the long game matters more than any single hearing.
Monica 12/06/2023 at 3:09 am
If I were in a situation like most of the people above, here's what I would do:
1. Pray to the Lord Jesus Christ to save me from my sinful life. Forgive me for my sins. Come into my life and live your life through me. Help me to be at peace with my family, even the ones who hate me. Please love them through me. I can't do it on my own.
2. Join Narcotics Anonymous or AA. Just find a support group and get off drugs. Whatever it takes. You are doing this for you and for your kids. If you keep doing drugs you will die, end up in jail, and lose your kids, and your hell will continue as long as you live. Grow up. Stop blaming everyone else for your problems. Accept responsibility and work with the situation the best you can. Go to church. Pray that God will give you godly people to help you grow spiritually. Don't give up. It may take a couple of tries to find a church you like.
3. Find a job as soon as you feasible. Work two jobs if necessary until you are too tired to do anything but sleep. Save every penny and use it for food, kids, rent. Take responsibility and try to work on balancing it all. That's a tall order, but it's a good goal. Trust God with your kids. You must get stable before you can be a suitable parent. Show up for them. Hug them.
4. Finally, work your 12-step program. You can turn your life around, no matter how hard it is, but you need God and you need accountability as well as support. Our world is in a lot of trouble. Don't waste time and energy on the things you can't control, but work on the things you can control. If you do these things, you may look back one day and see that you made it!
Dinky 14/07/2021 at 12:37 am
My daughter is thirteen and never knew her dad out of the blue her so called dad messaged my niece and wants to get to know her he had some contact but wasn’t working out he’s now threatening legal advice and saying he’s going to take me for custody he doesn’t hardly now her his name isn’t on her certificate he’s shown me no support for thirteen years and my daughter wants to live with me
Huskie 17/03/2021 at 10:51 pm
My baby is 5 weeks old her mother was put into a mother and baby unit she abandoned the baby there and now I’m fighting for my daughter, the social have been involved for a while before she was born while we was assessed they wanted me and the mother to split which I did they wanted to do drug test which I did come back negative I’ve had constant struggle as the mothers alway portrayed me to be someone I’m not which as always worked in her favour but now she’s abandoned the baby to go drink and do drugs and whatever else (extensive history of doing this) not even got a care about her daughter just wants to get at me by being horrible saying I’m not the dad and I’m not going on the birth certificate Constant everyday battle with her I’m currently limited to 3 hours a week contact with my daughter and I have court on the 30th my question is does anyone know of anyone that’s been through similar situation I’m so scared for my baby girl she’s my world but her mothers making it all hard work could someone help me do I write a letter to the courts as I feel my solicitor which is a junior solicitor isn’t doing enough and obviously the social are on the mothers side no matter what she does
CB 06/11/2020 at 7:39 am
Ok. I'm going though a tough divorce. Now my wife is claiming I'm not fit mentally to look after myself and my kids. I've a police report saying no issues. She called the police on myself as she claimed I wanted to commit suicide on a facebook video. Police came and said that wasn't the case and all I was doing was offering support to others. Shes claimed that my daughters hair is always a mess when they go to school... once she moaned and that day I bought a load of brushes and taught myself to do hair better ! She claimes she had to move out of the family home as I was violent! She moved out last year so why not mention violence now ( never been violent in my life ) She claimed I shout at my kids... tell me a parent who doesn't shout at their kids when required! She claims the kids always say to her that the girls always say they dont want to come and stay with me.. they are 4 and 8 and they say the same here ! I work in retail and work weekends, so if I'm such a danger why did she come up with a plan to see my girls. I asked my work if I could go flexible so I could have every other sunday off... HER IDEA ! THE MIND BOGGLES !
Khayless 05/06/2020 at 11:55 pm
I need advise i have my grandchildren living with me and their father mother is abscent social services got involved as both parents unfit and place rhey lived in was deemed unsafe social services have no involvement now there with me can the mother just come and take them can the father refuse to hand them over
N 30/03/2020 at 3:24 pm
My daughters mom was meant to meet me March 2015 to collect our daughter so I can go to work. She text me saying said she can't do this, be a mom blah blah. Went AWOL. Overdosed numerous of times on drugs and alcohol. Tried to commit suicide twice. Now suffers from bi polar, borderline personality and epilepsy. The social worker said my daughters mom was stable. So I started letting her see her once a month. Then once a fortnight. Then the week before she broke up for the six weeks holidays in 2018 she kept my child and refused to send her school for the last week and threaten to change her school and never let me see her again. When I did get her back a week later bc she couldnt cope she dropped her off and went to Blackpool to party I found out. Didn't hear anything then till she rang Christmas day to speak to my daughter but she was scared of her. My daughter told the school social worker that her mom kidnapped her and doesn't want to see her. Didn't get any presents for Christmas or her birthday since 2018. Is there a way to get custody of my daughter full time and states she lives with me
Miche 02/03/2020 at 6:55 am
If my son has his son 5-6 nights a week is he likely to be able to go for full custody?.. she calls daily to speak but when he goes home it's not long before hes back again.. she is getting all the benefits with iut having any of the responsibilities and I dont think this is fair
Sid 18/02/2020 at 7:20 pm
Hi I am father with 3 daughters. My wife cheating me with other guy. This not first time. 4 times already cheated me.
Every time it is for some months and then come back and said sorry.
All 4 times she take my kids away.
This time I dont want more give my kids away.
May I can get full custody?
At the moment I live like that.
I work nigt shift from 10PM-6AM.
After work 7AM I need woke up my two daughters for school. 9AM i need bring them to school and then I spend all my day with my baby. 3PM I need take my daughters from school. And then I can sleep 3h before work.
At the moment my wife is at home in tight time with kids. But I have other person who can stay with kids in tightime.
My wife work day shift 6AM-2PM

May I can get full custody?
Pip 15/11/2019 at 5:48 pm
Hi my ex partner is going to court for custody of my son Monday I’ve received no court hearing yet but have spoken with cafcass on 2 occasions but no word about hearing yet. He’s applying for custody will this be granted as now both my child are on the child protection list as my ex partner my new baby’s dad has grabbed my eldest son? My eldest sons dad is the one trying to gain custody but has recently decided to keep my son whilst I was in hospital having my new born. What am I to do
Jj 13/10/2019 at 4:33 am
Hi, i had been a single mum before it was hard, id been on dates etc nothing felt right with anyone! Me and my daughter 10 years just us and then i met what i thought was the one. How could i have been more wrong. He lost me my job, my home i gave up and he tried tried for 7 months to get me pregnant. What a sad life my two daughters had to live. In emergency accommodation the other side of town. I dont drive so to get my eldest to school was 8 bus journeys a day. In amongst all that he got in contact and told me to take all the antidepressants the doctor had gave me cus no one would notice i was dead. He lost me my accommodation and i almost gave up, he bit my face he took me out through my legs and i went back smacked my head just missing our 1 year old daughter. By this point hes strangling me, ive no fight left. He saw my face where he bit me and said are you going to call the police. My reaction, how can i when you've bent my phone in half. He grabbed a glass and said if im going down your coming with me. Then got another glass. Blood pooring everywhere i told him to get out. Id had enough. I wasnt aloud any visitors and hed almost killed me and my baby. My baby i should be enjoying i just never felt so low in my life. Social services had told me if he was to go near her shed be taken from me. He was arrested but it was a he said she said. Howevever ive not had any thing contact etc. Hes 5 minutes from me and has avoided csa. I dont want the money hes hiding from 12 pound a week but then hasnt had anything in his bank account to ive now been told he has to give me nil. Im not interested in the money, i want to put a court order in and just go for full custody and be done with it. He doesnt care as hes just bought his girlfriend a real monkey. I want it set in stone. All paperwork showing no one can get hold of him.
amy 11/10/2019 at 10:52 pm
my son with he dad and he father dont want to give my son back once i go back home.. not on drugs or drinking just come over to work for for my family as i got no help from the father or he family
Bird 27/09/2019 at 10:15 pm
This time last year my children was taken from me as I had no stable home no help from anyone and was in a bad place my son was 4 months old and I was in a flat with drug addicts but I never smoked in the same room as my children they took my little boy and my 3 other children went with there farther and my oldest son went into foster care now loosing all my children at 26 was hard and I dealer with it the wrong way and took drugs to deal with my pain and to help me forget at the time I was hurt and young and didn’t no what to do so I went a couple contacts and then I stopped to better myself for the kids now a year has gone by and my youngest son has been adopted and my oldest is still in foster and others with the farther I am stopping drugs and trying so hard to be a better mother I’m not aloud to see them have to go meeting to show I can turn up and not stop seeing them again like before I didn’t sign any adoption or nothing if I do well and get of drugs can I get full custody of my oldest son he is ten now and my other 3 I want back with me what can I do or any help please I need my children back
Pop 26/09/2019 at 12:37 pm
Hi hear one for you like inf if no one know
Split up with mother in march 18 I had the children 90% of the time in July 2018 she then accuse me of rape which did not happen no charges brought against me but still weeks later I started to have the children youngest is my kid 2nd girl is her daughter I am not biological father but I still had the children while she was with new boyfriend 1 then she went with boyfriend 2 2 weeks after the fake allegation of rape ,
November 2018 her father then told me the truth about the fake Rap she took it too far next day she stoped me haven the kids stoped all contact so I took to family court this is where it gets interesting.
She made allegations in the bundle about rap a knife attack and lots of stupid things each hearing I've never been able to speak a word but on the last day hearing that's a full day the mother confirmed statement under oath 3 times asked by the judge but she said don't recognise knife accusation judge has now sacked her lawyers and the case was stoped 1.15 minutes into the case she was ordered to put more paperwork to the judge by certain date this is not happened there is now a one-hour directions hearing next soon ,
But due to her the kids and myself struggling don't know what will happen next does anyone know so what they think will happen will I get full custody of my son and her daughter replies welcome as I'm lost
SeparatedDads Editor 13/11/2014 at 11:04 am
@Ali - I'm afraid we are a UK-based site and are unable to advise on South African law. I hope you manage to sort out your situation. I would try to follow up the results of the DNA test if you can through the courts, especially if you are paying maintenance.
Ali 16/09/2019 at 9:13 pm
I still with my wife but she lives else where...
They ain't not at any communication with my 2 daughters for the pass 3mths..
Can I get custody
Robbie 18/08/2019 at 8:37 pm
I’m looking advice, I spilt with my ex 4 months ago, we have a 2 year old child, she had a husband before we met which they have 2 children. but have got Back together, they spilt because he hit her through out the years they where together, cut off her clothes. Then beat her one night and lefted her for dead. Police got involved but they couldn’t prove it. She took him to court, and told the courts everything he has done to her. Through our the yearsTo stop him from seeing his kids. He ended up getting to see them through a contact centre. She ended up letting him to start seeing his children and picking them up from the house, one day his kids where in his van he stopped at someone house and started putting windows and stuff in, which his kids seen. She stopped him from seeing them for awhile. He has convictions for armed robbery, among other things, I know he sells drugs. The only problem is I have epilepsy . But have a good family network.
Dacre 04/08/2019 at 12:14 am
My soon to be ex partner has been done for drinking and been thinking three times in three times it in from the safeguarding process and she can do perfect and got the kids back after I’d left work to look after two of the kids are not my biologically but worries please come to my attention that she starting to being heavily but she’s trying to push me away so I cannot keep an eye on them and use and the kids or manipulating the kids to start shouting at me bearing in mind I’ve caught Her absolutely drunk and asleep on the living room floor at 3:30 in the afternoon during the kids last days of school and my son is two stepdaughters are seven and nine I need advice on what to do and where I can stand
D 28/07/2019 at 3:26 pm
Hi I want some advice on what I can do as my ex and I have a 4 year old and my ex never really has her and is always out living the high life leaving my daughter in the care of her 68 year old mother. This annoys me I would love to get custody?
Stacey 18/06/2019 at 5:59 pm
My ex partner is taking me to court for full custody of our child, after he had said allegations of me neglecting our child. No social worker is involved in this matter, So I am just wondering what the chances are of his getting full custody?
Mowgli 11/06/2019 at 12:37 pm
Hiya...
My wife has been involved in affair since last June 2018..only finally learning this last Christmas..she then applied for divorce.. to which I agreed..on the basic that affair or not we needed to separate..she by admission is a fantastic mother..that is until of late with her taking the kids to her mother's whom she hasn't spoken to in 4yrs then stopped me from having any access and applied to the court for prohibited steps order stopping me from being able to take the kids from her custody and giving her the right to tell me what access the kids can have with dad..the 1st hearing actually threw out her wants and stipulated that the kids until the final hearing must have time with dad..now although I agreed to less than 20% of overall time until the final hearing where I hope to see the kids being given equal rights to both parents on a 50/50 time schedule ive just received a letter stating that unless I agree to keeping my time to less than 20% that she intends on claiming or recovering her costs from me..even though I haven't initiated any of these circumstances and I'm only actually trying to be a dad who's always been there..including my kids right to have a positive relationship with dad..

Any comments or advice would be greatly appreciated..
Rhi 28/05/2019 at 1:16 pm
Hi. My son wishes to live with his daddy n becomes very upset every weekend when he's dropped back at mine. I do my best for him n I provide food, clothing n do school runs. I have anxiety n depression n I'm finding it very stressful watching him like this. His daddy is willing to have my son live with him. Do I need social worker involved as I don't have one now?
Good 20/05/2019 at 9:55 am
Hi

I need some guidance

The Mother of my child receives £260 per month via direct pay from myself.

I used to have my son every weekend due to my working hours during the week.

I now have my Son every fortnight for a weekend (Friday, 19:00 - Sunday, 16:00) :(

I have requested to have my Son half the time which includes school runs (I will ask my family to assist with child care.)

Mother of my child NEVER picks up or drops off our Son.
Mother spends child in one outfit for the the weekend which forces me to spend money on clothes.

I buy clothes and understand my Son will benefit by taking it to his mums but the never return so I'm forced to buy more which means i'm dipping into his spending money for the weekend.

I bought my son a mobile phone - Mother deletes my skype contact details so we can not speak.

Mother told me I cannot have my son during my arranged weekend with my Son

Mother is controlling can is stopping access again! last time is lasted 5months

My Son was 4-5 at the Time - I cried when i was able to pick him up

I don't have much money to fight

What are my options?

This year, Mother decided to surround herself around aggressive people which pushed her while holding my Son. As a result my Son had a cut by his eye

Last year, Mother took my Son to Turkey during school hours which resulted in a fine from the school sent to both mine and her address.

I feel i will loose my Son as he grows up to an unfair mother which is brain washing him to not like me, his Father.

I'm missing my Son
Jezza 08/05/2019 at 9:28 pm
Is this still the case that mothers tend to get custody of the child? I read that courts were starting to go more for 50/50.
All for my son 08/05/2019 at 4:46 pm
I applied to the courts for full residency of my Son as there were numerous incidents with Social Services and issues with Alcohol and Drug taking. I have since had full residency of my son for the last 9 months and live in a different city (25 miles away). My Son has now started a school in our city but I am anxious from ready previous replies that is she cleans her act up she may get custody again!? Can you advise?
Done 21/01/2019 at 10:21 pm
@superdad1988.suicide has never entered (my head )it’s a cowards way out .i have had allegations( my whole life )that (I do this I do that) that I got (mental issues )I have faced the courts on (multiple times)on (various allegations )from different people over the years .and each and every time I have (been cleared )I have been judged bye simple minded people who have a (boring life )and like to make up (stories) (about me and some off my family members )and every time we walked free .there is the proof in the pudding right there .
Done 21/01/2019 at 6:37 pm
@superdad1988.my x is in the wrong she will say I am struggling just waiting for me to (snap)( manipulative person )because I didn’t (want to be with her) and only wanted to see daughter yes (I handled it wrong )with the (messages) but in reality was( I broke )didn’t have my own house didn’t have money for a (solicitor). and only wanted to have lunch with daughter to see who she turned into as person and maybe get to know each other it was something I (felt strongly about) tryied a (different approach )now I feel I have allegations against me (I faced court) over this before and was found not to be a threat and that i am off (sound health )that I have full time employment.i just can’t match my (ex evil )and the wonder way I pulled away from all off them ?.
SuperDad1988 21/01/2019 at 4:15 pm
hi, my ex partner and myself separated 3 and a half years ago and we have a 4 year old boy together. I have him every Friday to Sunday. My issue is that during the time we've been separated, she got with somebody else and had another child. They have recently separated so now she is home alone with 2 children. She is a good mother to my son however she does suffer bad from depression and anxiety and was recently sectioned to a mental health hospital due to becoming suicidal. She acts like everything is fine but I know she is struggling with 2 kids on her own, her family have been in contact with myself to say she isn't coping and that i need to do more, bearing in mind I live 30 miles away and work mon-fri so I only get to see him on weekends. I'm now engaged to a lovely lady who treats my son as one of her own, currently expecting ourselves and have a lovely house and home life. In an ideal world I want to have full custody of my son as I think I can offer him a better, more stable home life than what he has now. Not taking anything away from her, she tries and puts on a brave face but I'm just concerned for my sons welfare, especially with her mental health state at the moment. I just want somebody else's opinion and if I have grounds for full custody?
Dog 26/11/2018 at 6:37 pm
My ex has not allowed me see my child last 3 years I applied threw court but felt the pressure alone and with drew now I am concerned about my daughter welfare as I have been made awaredundant she's back on heroine and in her grandma's care now
So she has had social services get involved mine and new partner life which we have accepted to agree assessment but still have no clue how to go about fighting for my own daughter only apply threw court
If we are assessed for 35 days threw social services have they or would they help to obtain rights have my own daughter in our care
Thank you
is this wrong??? 11/10/2018 at 10:13 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 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. inbetween 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 iv told her she has threaten me i lose the kids for doing so.i have 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 padt 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 thos
Jadey 21/09/2018 at 12:38 am
I tried to take my life three weeks ago with alcohol prescription and paracetamol and cocaine while my children were sleeping as was very stressed depressed and nobody was helping me I'd also been given the wrong roseate of citalopram which was not helping me to deal with life and it's daily stresses I've never not even in younger years taken drugs before nor had I ever attempted or thought about taking my life , I rang father to take kids to his till I got help and support and stayed in hospital for five days came out and got right medication referred myself to councelling and also contact with social services .... since having a meeting with social they have made promises and feel the children are unsafe with me ( I disagree strongly as I've turned my life around sorted debts and got help and my medication has now settled in) ad however is demanding supervised visits but not arranging them and only 15 minute phone calls three times a week to speak to the children who are all claiming they want to see me and return home I have a clean large beautiful three bed house my sister for support which I never had before and cogaglative behaviour therapy sessions booked to start soon all done by myself and work focused job interviews and training, can I demand my children to return home and have 50/50 residency although social only want supervised visits!?? Thier making my children and myself very unhappy! I'm a fan mum who made a mistake whose trying my best to rectify everything and feels a lot happier and healthier and stable mentally emotionally and physically but it's just not enough for the social services they said it would go child protection if I have my children home which I don't care I will do everything in my power to do what they ask of me but there's no communication failed hope and dad is adamant he will seek legal full residency but he hasn't yet and lives in a two bed flat with full time job and is struggeling please help please many thanks
Paps 19/09/2018 at 10:03 am
Hi, I met my ex wife who I was married to briefly in 2016 while on holiday in Portugal back in 2012. She had already left 2 (from 2 different fathers) daughters behind in another country in europe due to debts she had run up. She told me her ex husband had tried to kill her more than once and she was advised to leave the country for her own safety.
She moved to the UK to be with me and my life has been hell ever since. She was caught stealing from me and my family and even banned from the local Asda for a year or two for stealing. When my daughter was a couple of months old, me ex paid for me to go to visit my brother in Norway for a few days and while I was there ran off to Florida with my daughter saying I had a problem and didnt want them. When she refused to allow me to speak to my daughter or answer my calls I contacted the police who the told er to return to the UK with my daughter immediately which she did. That was the beginning of a couple of instances where she called the police to claim domestic violence had taken place which it hadnt, she was trying to build a case against me to try to paint me in a bad light. The second time this happened the police officers advised me to leave the property for my own safety as they could see what she was doing. There were no marks on her and no charges were brought on either occasion. That was the last time we were together.
We have always had a 50:50 shared care arrangement for our daughter despite her continually informing the cms that I had her less so I have had the added stress of constantly being blackmailed for money. She also constantly tried to change our contact agreement to suit her or whatever job she is in at the time. After contacting my local MP regarding the CMS problem I was advised to get our current arrangement (since Sept 2017 when my daughter started school) formalized.
2 days before the court hearing my ex stated on respondant reply form that she feared my daughter was in danger of some form of emotional abuse from me although has failed to back this up with any evidence. The hearing has now automatically gone to a fact finding hearing and I am now answering allegations of which there is no proof other than 2 police callouts which amounted to nothing. At court she also tried to change the agreement for the third or fourth time in 10 months (she wanted me to have my daughter every weekend and she will have her Monday to Friday!).
To add another twist, her 17 year old daughter, upon finding out what her mother was doing, wrote me a damning statement about her mum and how she would self harm in front of her to get her ex husband in trouble, that she had been emotionally abusive to her, (she has a history of self harming because of her mother) and that she was a danger to her little sisters emotional wellbeing. There was other stuff written in there too which painted her in a bad light. I have also spoke to the 17 year olds father who has confirmed that my ex wife has repea
Deerc 14/09/2018 at 11:15 pm
I have regular acces to my children through an enforced contact order, take them on overseas holidays, have them for Xmas etc etc.
Last week the mother of my children took an overdose and ended up in hospital.
Does this give me grounds to seek full responsibility/custody of my children. Any advice on what I can do to safeguard my children, protect their well being and am I within my rights to challenge my current contact order????
SeparatedDads Editor 10/09/2018 at 2:00 pm
You may wish to seek legal advice to see whether this can be used in court. It is rare that a court will hand a child over to the other parent unless there is a very good reason such as abuse or neglect. You don't say whether social services have been involved?
BigT 09/09/2018 at 10:58 pm
I would like some help and advice on the following.
I have a 5 year old son. His mother left and abandoned him at the age of 1. There has been no contact since and I’ve never anticipated any. A problem arose the other day while in Barcelona we had our passports stolen. I had major issues trying to obtain a temporary passport for my son as absent or not his mother has parental rights. I had to obtain emails from his school and doctors. Obviously I will need to apply for a new passport for us both but as she still has parental rights( she’s not in the UK) I need to have sole parental rights of him. How can I do this through the courts when the mother is absent? Everything online is about the mother. How can I prove she’s not around and gain full rights over him so I can apply for his passport again
Gin123 09/09/2018 at 9:15 pm
My son sent me a very disturbing video of his mother extremely drunk, to the extent she could barely open her eyes, the video then progressed to her swearing at him then hitting and grabbing my son! I have been through the court before in an attempt to get custody but it was granted to the mother, even tho she is unemployed, disappears for days etc etc! With this video evidence would it put me in the position to expect custody to be awarded to me.
SeparatedDads Editor 07/09/2018 at 10:20 am
Unless your ex breaches the court order, then without reason you would not be able to apply to court if there is an order already in place. However, if your ex continues to breach the order or if anything significant happens that puts your children in danger then it will give you grounds to apply. The point I should make here is, it is not that the courts are unwilling to give fathers access, it's merely that on separation the day-to-day primary carer of the children is given preference (in terms of maintaining continuity) whether that is the mother or father. However, it usually falls that the mother cares for the children on a daily basis and unless absolutely necessary the court will opt for continuity. After separation, the courts will not hand a child or children over the other parent unless there is very good reason. 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.
Athair 06/09/2018 at 12:27 pm
Hi, I have been involved, as the applicant, in a contact case regarding my children (7 and 13) for the past 19 months. I have been awarded several contact orders, but my estranged wife always reneges on these and she has been alienating the children from me from day 1. She has made several vile allegations against me, all of which were disproved, and in a recent court date the judge and OS said that they were "appalled" at her behaviour and they are extremely worried about her mental wellbeing. Social services have had a role with our children, unnecessarily in my opinion, but now the judge has requested that they take on a bigger role, due to my estranged wife's erratic behaviour. My question is, if I were to apply for residency now, what would the chances be of a success? I know how difficult it is for a father to obtain residency but, in my unqualified opinion and looking at the situation, I feel that I might have a slightly stronger chance. Am I being naive?
SeparatedDads Editor 04/09/2018 at 2:05 pm
Your partner cannot take your child from the country without your permission
Izabelka000 29/08/2018 at 2:09 pm
Hi i separate with my partner nad not working currently we live in a renting room my partner wants to take my son to poland to live there can he do that cause i have no money to take Care of my son but looking still for work
Sophie88 26/08/2018 at 8:51 am
I split with my husband in December, he was very controlling and abusuve and has been violent towards me. He was arrested in 2015 for hitting me and spent the night in a cell however I don’t have any proof of this yet as I have lost the police ref number. Since splitting he has tried to make my life hell by doing anything he can to upset me including calling me names and being abusive and is still trying to control everything I do. He is now taking me to court for custody of our 2 children, he currently looks after them mon-fri in the morning/afternoons while I’m at work and has them 2 nights a week. From September my little girl is going to school and my boy is starting nursery, so I will be dropping them both off and he will not have them as much in the week. Which is the reason he wants custody!! Will he be able to get it as we are still married? I have police records of domestic violence against him and I know he drinks a lot. I reported him for drink driving with our son recently but they didn’t catch him. I am beside my self with worry as he is so confident the courts will hand them over to him. He is currently living with his mum and the kids are sleeping in the same room as him. My girl doesn’t even have her own bed however I have a 3 bed house they each have a bedroom. I’m so scared of what will happen any advice will be much appreciated.
Shona 18/08/2018 at 11:24 pm
My son and his ex broke up and hos ex took my son to court for full custody but in order for her to recieve legal aid she lied and said he was abusive to her she won the order but soon after throwing my son and there 3yr old daughter out she moved a new bloke in my sons ex refused my son visitation rights even though my son and hus daughter are very close and the child misses him like crazy ive now discovered that my sons ex has been violent towards her ex and stabbed him in front of the child with door keys and punched him in the face.The new parner has now left and is being forced to press charges against her and she also has social workers visit reguly as she is neglecting our child so my question is i found guilty can my son gsin full custody of his daughter as atvthe moment the child is depressed and is despereate for her father to be with her
SeparatedDads Editor 02/08/2018 at 1:45 pm
Social Services will usually choose the other parent first (if the non-resident parent has parental responsibility). However, they will also attempt to keep siblings together where and when they can. Keeping schools and day-to-day life of the children consistent is also deemed important. Your brother would have to take the matter to court if he wanted to pursue the matter officially. 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. Your brother may wish to seek legal advice if he wishes to find out his options.
Daz 31/07/2018 at 8:15 pm
Hi, I'm trying to find out information on behalf of my brother. He and his ex split nearly 2 years ago since then he's been the best dad he could and had regular access. In this time however the mother turned to alcohol and the kids (4 children, 2 of which my brother is blood) have been taken from her. Social services deemed her to be unfit. My question is does my brother have legal right to have custody of his 2 kids without a court saying so? At this moment in time all 4 kids are with their uncle the mothers brother.
SeparatedDads Editor 10/07/2018 at 2:49 pm
It is highly unlikely if the matter went to court that the father would be given residency of your child. A court will only take a child from the resident parent and hand that child over to the non-resident parent if absolutely necessary (i.e if the resident parent is incapable of caring for the child or has been proven neglectful etc).
Niklo 10/07/2018 at 9:45 am
hi I split from my estranged husband in 2016 trough domestic abuse. He had contactwith my beautiful littke girl until June 2017. He they cut all contact because I refused to give him money. My daughter has special needs and I hav just got her into a special needs school. He went to my daughters school in Jan 2018 saying he is taking them to ofstead and then disappeared again. My daughter is so uoset and confused. she wants to see hi amd begged m to call him fir Fathers day 2018. He didnt reply till a month later and basically just was very abusive and he is telling me he is going to get dull custody of my daughter. He works cash in hamd and has no home fit for her. Would he be able to get custody on the fact i suffer from extreme anxiety. Also I did something wrong 5 years ago an he is tgreating to report me which wouldnt look very good on me. I love my daughter an have done everything for her. I just dont underatand how a Man can be so cruel.
NB Editor 29/06/2018 at 2:04 pm
@samh - you are doing the right thing applying to court. Best of luck.
samh 27/06/2018 at 6:44 pm
I split up with the mother of my oldest daughter in February 2013 soon as i left she got herself into a lot of bother with police social services etc (i wasn't aware at the time) in the June 2013 she got into a new relationship i was still seeing my daughter at the time there was no problems and out of the blue she accused me of rape. i knew it was to get me out the picture so she could play happy family's, it caused a lot of trouble i wasn't charged or anything but she had an injunction served on me, i was getting beaten up my house car smashed up everything!! i entered a new relationship in December 2013 and my partner done everything to help me see my daughter the ex agreed to it so i was happy even though the injunction was in place i wasn't bothered as i got to see my daughter, everything was going well for a year then Christmas she told me no more contact that when all the trouble started my house my car myself and partner was assaulted, she turned my whole family against me told them if they wanted to see my daughter they was to have no contact with me and my partner...the trouble continued till 2017 we moved house 6 times because of all the trouble its just been non stop, well January 2018 i was informed her currently boyfriend was in jail for hitting somebody over the head with a weapon ,so i said to myself this is my chance applied to court to have access after four years im on my second hearing Friday but got a call last week she is back on the child protection so i requested all her paper work to find out she has been on child protection 5 times in 4 years her mom got in trouble for physical abuse an chastising and she is now on the child protection for emotional abuse what can i do??? where do i stand??? im appalled i was never informed about any of this my little girl has been failed so much there is so much more
SeparatedDads Editor 18/06/2018 at 12:53 pm
We can not 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.
Liam-C88 16/06/2018 at 8:51 am
My ex partner has stopped me from seeing my son who I have shared parental responsibilities for. She has done this in retialation of me reporting her and her partner to the police, NSPCC and Social Work due to them overly chastising my son. My son came to me upset to let me know about this. My son’s mother and her partner have been warned by the police and social work after my son disclosed to them that he’s being hit often, for no reason, and that there’s a pattern to the abuse. I am now being refused access to my son, where do I stand with a court order? Will the court look favourably upon me due to the logged/reported physical abuse by his mother and her partner?
Jess Editor 04/06/2018 at 3:25 pm
@Sad - oh my word that is so sad. It is heartbreaking what some people have to go through. If people knew what they put others through. Sending you kind thoughts.
Sad 04/06/2018 at 10:31 am
My daughter and her ex had 3 children together by the age of 20
They have a volitile relationship
My daughter left her ex and took th children she couldn’t cope gave him the youngest told me she didn’t want him back - she meet someone and lied saying she did made her ex life a misery he had mental health problems anyway
Friday he hung himself aged 22 with his 2 year old downstairs he was struggling as money social services and all the abusive messages my daughters partner sent

We are heartbroken I wish people would get along after splitting up life is so precious
Laurie 10/05/2018 at 11:36 pm
@suf.dont listen to your ex if said no.give up on her mate women can be absolutely vindictive.focus your mind on a solicitor she won’t have a leg to stand on .
Suf 10/05/2018 at 6:38 pm
Me and partner have been together for four years. She has got 2 little boys with an ex partner but he's never been there until now. I have got a ten month old daughter with my partner and now the arguments have started cause the ex partner wants to get involved to see the boys. When I mention about my daughter I get told I won't be allowed to see her. I can't take it no more I feel like killing myself.
SeparatedDads Editor 27/04/2018 at 11:21 am
If you are currently caring for your children, then there is a possibility you would be granted residency, if the matter were to go to court. If you have parental responsibility of your children, you can refuse to hand them back (if you are concerned about their welfare) then it would be up to your ex 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. Stability and consistency are considered highly important and if you can offer your children this, then you would have a good chance. The longer you have the children in your care and you can prove you are giving them a stable homelife, then the less the court is likely to remove them from your care.
Pd 26/04/2018 at 8:31 pm
Me and my wife have a rocky relationship. She drinks a lot which has taken its toll on our relationship. She started to lash out at me and she was arrested for GBH. Social services were involved and she wasn’t allowed to be alone with the children due to her drinking. The court case was dropped after I retracted my statement as I didn’t want her getting into trouble. Social services concluded their report and she was allowed to be alone with the children. She moved back in to the family home and everything was fine. Two months later social services are involved again because she has started drinking again whilst I’m at work and she is meant to be caring for the children. Family members have phoned the police because they were concerned about her and the kids welfare. She didn’t let the police in on that day but when I returned from work I let them in and she was drunk. She is not at home anymore and I am looking after the children once again because of her drinking. Would I be given full custody of them because of her repeated drinking and the involvement of social services?
Jazz 25/04/2018 at 11:32 pm
My wife and I got married in Feb 2017 we was happy she got her visa to enter into to the UK from India we was so happy together no arguments or nothing then we got some fab news that she was pregnant with triplets I was over the moon and my wife was in shock I made sure from the onwards she would rest and look after her diet and took her to all her appointments which went all well then in jan 2018 the baby's arrived we had a baby girl and to baby boys over the moon as the was premature baby's we had to keep them in hospital for 4 week the they all came home healthy in fab 2018 then everything was going well till the 9th of March 13 days of my baby's being home I got a knock on the door from the police saying they would like to speak to my wife I said she is in bed as she has done the night feed but they insisted that they need to speak to her so i said i will go and get her so i went up the stairs and got my wife she came running down the stairs and the police asked if I would stay in the hall way as they need to speak to my wife I didn't think anything of it so I said it's ok they I got another knock on the door from 2 more officers as I went to answer they arrested me of HITTING my wife and kids and imprisoning them I was like what I haven't done such a thing then I got arrested and took in for 20hrs after I came home she'd had left with the kids so I went to check in our bedroom and she had took her passport and a bag of gold which wasn't hers I was so hurt I just didn't know what I did to DESERV this it's now been 2 months since I held my baby's it's a very difficult moment for me so she called me after 4 weeks and said she has done a mistake so can she come home I said yes she said she will call and I have had no calls from her I have been through mediation and she rejected that and now after all that I have put in a case to family court ......the out come of the arrested was that I was let out with a pending further investigation which means they found nothing on my wife and kids because I did nothing but love her and my kids I just don't know if I can get help seeing my kids or will the court say go away as I am the farther it's not fair I only got to see my children for only 13days at home this has hurt me alot And anyone help please have I done the right thing.....
RyanB Editor 20/04/2018 at 10:44 am
@Dadtoo2kids - if you refuse the test it could be looked at as an admission of guilt. The court would view that if you deny it, then you have something to hide whether you feel it is in principle or not.
Dadtoo2kids 19/04/2018 at 7:25 pm
Hi my 2 kids have been living with my self since September 2013. They live with me because their mother physically abused my daughter by leaving non accidental adult inflicted injuries on her, and also fractured her back. She was never charged for it coz to be honest the police are useless. But they done a finding of facts in court and it was their mother and her ex partner that was in the pool of purpotrators. The kids had care orders on them for from Jan 2013 until November 2017 coz of her actions. I finally got them removed in Nov 2017 and got a residency order. She has since taken it back to court because of stopped her unsupervised contact (not my choice to give her unsupervised)due to the mental abuse she is doing to the kids when in her care. Im trying to get all her contact supervised again. She has raised in court that I am abusing cannabis which I'm not. And requesting that I do a test. The social services had done a statement saying they had no issues concerning of cannabis when they have done any visits, plus the social had spoke to police and the kids school and they have no issues or reasons to believe that I am abusing cannabis only their mum has. The judge asked me to to a test but I'm refusing to out of princable, as it's only their abusive mother that has raised this concern. Could they remove the kids from me even though there is no issues with the care of the kids or their schooling?
SeparatedDads Editor 16/04/2018 at 10:10 am
More than a year has gone by since you have been the primary carer of your children, so this may go against you (you don't say whether you applied to court for an emergency contact order etc). Your ex is entitled to live with his girlfriend and her children and this wil not go against him. 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.
tina 15/04/2018 at 7:32 am
Hi I broke up with my ex in February 2017 and had to leave my 3 kids behind as had to escape through his back door. Iv been going solicitors and in court next week. He has made up a lot of lies about me, I was told they are putting I down as a section7 case and getting reports from all professionals ie, doctors, social services schools, I was also told I wouldn't get residence order for my kids because they wont remove my kids from their stable family home, I have proof that he is hardly ever staying at home and lives with his new partner who also has 3 kids and only stays at home when they fall out. He was violent to me in the past and only stood up to his father duties after I escaped, before that I was doing everything for my kids as a mother should do with little help from him, will all this go in my favour at court? I'm starting to get a little worried. He also stopped all my contact with my kids in October last year because he got into his new relationship so haven't seen them in 6month and they are only 4,7 and 9 yr old.
Rhino13 10/04/2018 at 11:34 am
I am the the main career for my 3 sons aged 5 3 and 1 and have recently split with my wife I have lost all contact with my boys have been accused of being abusive towards her and nether there for my sons I have the school and other parents willing to say I have been mostly the soul career for my sons I have even took it to child services where I have been told I have to wait to see my kids I made myself homeless so my kids could be in there own home but I am still being labled as the bad party read on custody and visitation rights they seem to be in more favour of the mother but I know she can not cope with them as she gas never had too look after them on her own. All I want is too see my sons and I'm not even allowed that it is destroying me
SeparatedDads Editor 19/03/2018 at 3:27 pm
It is highly unlikely your ex would be given residency of your child. If you disagree with your ex's proposals, your ex would have to apply to court. The court would have to have a very good reason for changing the residence of your child. The court will always opt for consistency and stability which you have obviously given your daughter over four years. 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 your daughter wishes to stay with you and is happy, then the court will listen now she is 11-years of age. It will not look to change this arrangement.
Jose 16/03/2018 at 8:21 pm
Me and my ex wife split up 4 years ago because she was unfaithful. She left the house where it was just me and my daughter to carry on with life. She has always paid child maintenance but has never been there for her daughter in the last 4 years dosent take her to school never pick her up. Never attends school reports. She never has really much involvement with her life much at all. Goes weeks on end without seeing her or bonding with her. Four years later she is talking about getting full custody what are her chances of getting that. When my 11 year old daughter has stated she wants to stay at home with me the dad.
SeparatedDads Editor 06/03/2018 at 1:41 pm
You can apply for a child arrangement order via whichwhich will officially determine where your child should live. However, mediation should be approached first in order to attempt to resolve these issues informally with your ex. If she will not agree to mediation, then you will have the option to apply to court.
Rickster85 06/03/2018 at 11:31 am
I'm confused where those comments for me ???? I was just asking some advice mate
Rickstar85 05/03/2018 at 11:33 pm
Hi my ex has been looking after my daughter for 10 years since she was born however she has met a new man and has given my daughter to me and she it's my turn to bring her up but she is still calming things and She won't give me any of her paperwork ect birth certificate passport anything concerning schooling which I would say is important also can she just take her back because my daughter don't want to go back with her mother so I was wondering if you knew how I can make the government or make it known that I'm her Legal Guardian now she won't sign anything or write a letter or contact anyone about this please if you have any advice would be so grateful many thanks Rick
SeparatedDads Editor 19/02/2018 at 11:03 am
If you have the children currently living with you, then you are automatically considered the primary carer of your children and therefore have 'custody' or residency naturally. If you wish to make this official, then you would have to apply to the courts for a child arrangement order which would determine with which parent your children should live, This application to court is often done if a parent thinks the other parent with parental responsibility may keep the children without their consent, in which case, the matter would have to be dealt with through court to request the children are handed back. 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.
Tsi 21/01/2018 at 10:45 pm
Me and my husband have been together for 7 years, married 3 and a half and have 3 children together. We have a very stable relationship and a loving home. My husband has a child with his ex. Who is almost 8. We have already been to court in 2014 and had a court order to have weekend access this went well for a while. Untill 14 months ago. Long story cut short the last time we had my husband's daughter was 14 months ago and once we had dropped her home which is 200 miles away we were banded all contact. The child mothers had blocked both mine and my husband's number and we previously found out shes moved address to. The child's mother had got a new partner (4th man that she has brought into her daughter life) and now the child is calling him dad (she called the man before dad to) I have had the child's mothers old friend message me and say that this man will not speak to the child unless she calls him dad. Also it had come to my attention that the mom has being saying I don't want to see my daughter and turning her against me. ( no actual proof well not enough to make it stick) in my husband's eyes he sees it that his daughter has been turned against him and quite possible brain washed by the childs mom. We have set up medeation which he will be attending soon to get something put back into place. Just wondered what people's views are, would we win in court again to get proper access. Is the mom classed as emotionally abusing the child for bad mouthing the dad and stopping access?
Jack 13/01/2018 at 7:48 am
Girlfriend has been caught cheeting for 6months we have a baby and a house what are my rights?
Anon 28/12/2017 at 4:48 am
Hi my ex partner has recently been diagnosed with cancer and is in hospital receiving treatment,for the last 3 weeks she has stopped me seeing my child for no other reason than pure spite , I'm wondering what are my rights now on me having him full time whilst she's ill as at the moment she's got a variety of people looking after him apart from me which is quite worrying ,where do I stand ?
Ted67 26/12/2017 at 1:49 am
I have an ex who has definitely got a disorder. She has tried everything to alienate me from my child. I am so burnt out with it. I do not want to be anywhere Nuer but we have a 13 yr old daughter.
I just need a decision fast. I have health issues already and the stress is hard to deal with on top. I worry for my child. She is used to hurt me . I wanting over so she cannot do this. Unfortunately trying to do it all myself is tough. I hope to have the c100 in this week. She will not mediate. She would rather put our child through the court process.
Taff 02/12/2017 at 8:38 am
Hi, my ex is a narcissist and i was mentally abused by her. She has done the same to my step daughter and now my son who is 13 in march. She has poisoned him against me and she stands back and lets other people do the dirty work. I know my son wants to see me but is torn and conditioned. Iv tried talking to my daughter but she wont help as she is jealous of the blood tie from her brother.this has been put in her head by her mother.i rasied her from 18months.how difficult is it to deal with this sort of situation? Iv read up on narcissistic behaviour and it says run as far away as possible but my son is struggling. I have to do something.help i need some decent advice.
SeparatedDads Editor 17/11/2017 at 10:48 am
You can see more whichwhich will explain more.
Jlm 16/11/2017 at 12:11 pm
Regarding abuse- will it several 'smacked bums', lying to the child and effectively brainwashing him(lying about his fathers history and making the child believe that he is intolerant to dairy products) and the child consistently having headlice, being dirty(i mean clearly hasn't been bathed for a while) and wearing inappropriate clothing(for the weather, or being far too small) be classed as abuse?
SeparatedDads Editor 16/11/2017 at 11:52 am
You perhaps would be better to apply to your employer for 'maternity' or shared parental leave, if you are bringing the child up alone without the mother and you will have sole parental responsibility. If your employer refuses your leave, your only other option may be to apply for it through the courts. 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 this case, it sounds as though your reasons for requesting maternity or shared care leave instead of paternity leave would be wholly justified and your employer should understand. Let us know how you resolve this issue. Best of luck.
jdiamondsx 16/11/2017 at 10:59 am
My ex of 10 years came to an event I was performing at and was highly intoxicated before leaving the venue being asked to leave. she was aggressive towards myself and door staff.the night culminated in her getting arrested and held in a cell over night for drink driving.. she is currently on AD and this is not uncharacteristic behaviour. short of stalking me and attempting blackmail she also makes unreasonable demands as to when I have the children 7 and 8. I don't know what step to take next.i welcome anyone's thoughts!
SeparatedDads Editor 16/11/2017 at 10:00 am
Unless the mother agrees, this would be a matter for the courts. It is rare the court will take a child from one parent (i.e the primary carer) and hand him over to another unless there was a justifiable reason. Generally, the likes of child neglect, or abuse would be considered a justifiable reason by the courts. Your partner would have to discuss this matter directly with his ex. If your partner wishes to push this issue and his ex refuses and also refuses mediation, the next option would be 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. Stability, consistency and routine are considered the most important factors in the upbringing of a child and a court would do little to change this, if your partner's son (regardless of his own personal preference) has this in place already. Court is always seen as a last resort as it can be as stressful to the child as it can the parents. Therefore, any agreement that can be negotiated outside court is always preferable.
Jlm 15/11/2017 at 2:07 pm
Our situation-I have 3 children from a previous relationship and 2 daughters with my partner. We would like my partners 7 year old son to live with us and he has told both us and his mum this is what he wants too. My son's are 5 and 9 and after 4 years of spending 1/3 of the year together, they have a great relationship with my partners son. At home he also has two half sisters 9 and 14 that he is very negative about. Would his wishes be taken into account if spoken to by cafcass?
Dan Cole 15/11/2017 at 12:50 am
Hi there,
Does anybody happen to know how to go about getting paid leave from work for a single father with a newborn?
I'm told that fathers are only entitled to 2 weeks paternity pay, but surely as I have a court order for sole custody and parental responsibility and DNA proving that I am the biological father, I should be entitled to Maternity or some form of Shared Paternity pay & leave? I've contacted the payroll office at work and they are all completely baffled and claim I'm only entitled to 2 weeks. This is simply not good enough, I obviously can't just leave baby at home alone. Anyone know the law to this or if anyone has found a way round it?
Thanks in advance.
jo 13/11/2017 at 9:52 pm
High im a singke dad of 2 i already have custody of my 1st child and now my ex is demand my second to live with her.when we were together she keot leaving them to take drugs n 8 weeks ago i kicked her out n i gave her four chances to come see them however she was to high to bother. She had a prevouis son who live with her gran parents throu social services and her drug n abondoning. My kid are in a stabke environment i work there in nursery like they have being from ababy they are hapier now than when she was here im just asking could she take my youngest as there is no order on her yet
Concerned friend 05/11/2017 at 6:21 pm
Hi just after some advice for my friend has male and married with twin girls now 8 has looked after them while mum works since they were 6mnths old she has recently walked out on them but returned and is now threatening to leave again.will he get custody of the girls if she walks out? She is abusive to him physically and mentally in front of the girls too no one seems to want to help him family don't want to know either she's becoming unstable and sycotic
SeparatedDads Editor 16/10/2017 at 3:38 pm
It is highly unlikely a court would remove your child from your care and hand her to another person to look after her, 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. Consistency and stability are what the court values most. So, if you have a happy, healthy child, in your care then there would be no reason for the court to choose to intervene. In addition, it would be highly unlikely a court would allow your ex to apply directly once an order has been awarded, unless it deemed necessary i.e if violence or neglect were witnessed. It sounds as though your ex is making idle threats in order to get a reaction. However, these are threats without foundation and if she has a history of such behaviour, this will have been logged by the courts. Likewise, your ex's mother does not have parental responsibility of your daughter, so therefore she would not be considered an option. So, I hope you can relax a little here.
Worried3 14/10/2017 at 5:58 am
Me and my ex divorced 8 years ago and I have had custody of both children with him having visitation every other weekend.
We don’t communicate as things turn nasty so he deals directly with the kids now (12 and 15).
Me and my daughter had a row and I told her to go and stay at her dads for a bit, she now has no contact with me (I took her phone off her before she went as a punishment), she has now told social services I hit her etc and regularly physically abuse her....ss report states no concerns with safety of kids living with me.
Ex is now trying to take me to court for custody of both children citing I’m unsafe, unstable and erratic??
My son doesn’t want to go as he doesn’t want to leave me or his younger sibling......where do I stand?
Fuming 14/10/2017 at 12:12 am
Bit of a tricky one this, I’m male, 32 and sole parent to a 1 year old her mums phsycotic behaviours, drinking, drug use and self harm issues made the courts have no other option than to give me my daughter and full custody, now my daughters Mum is saying she is going to take me to court to argue that I shouldn’t have my daughter and both the kids should stay together (my ex has a daughter from a previous relationship) she has the other child, I work hard, I’m no risk as I would obviously not have custody, I don’t see her problem and I don’t want my daughter going into her grans care, what rights do I have if she takes me to court what help will I receive? What are the likely results... please help me because I have fought so hard to keep my daughter safe providing childcare while I work and spending every bit of time I can with her I love her so much it will honestly break me if everything I now have was ripped back from me
SeparatedDads Editor 03/10/2017 at 2:12 pm
If your ex does not agree with you taking a more active role in your child's life, then your only option is to try to push the matter further via mediation and if your ex refuses, take the matter to court. Unless you can prove in court that your ex is incapable of looking after your child, then it is unlikely a court would remove your child into your care and take her from her mother. Mental health issues alone do not mean your ex is incapable of being a good parent to 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. Therefore, if you think you may have a case to answer, then you should seek legal advice in order to explore your options.
James 29/09/2017 at 3:38 pm
I have a difficult situation and i don't know what to do.
My daughter lives with her mother who is living on benifits schemes, mentally ill, possibly has an alcohol problem and so on.

There is currently no legal matters between us and I have my daughter on most days that I do not work but sometimes when I'm not in work I have to beg to see my daughter for maybe an hour.
Her mother as i've stated is mentally it but pretty severely from a majorly abusive and traumatic past as a child, she is unable to make good decision and does not mentally live in this reality.
I'm concerned that to spite her incapability to be a strong and intellegent female role model for our daughter will ininvertantly damage our child is she is left majority in her mothers care.
My circumstances though are not ideal materialistically speaking, I still live my parents as I can't afford my own place on a minimum wage job and I do not recieve any beneficial help. I am how ever on a managment scheme in work and so by the end of next year I should be in my own place with plenty of income to support both myself and my daughter.

There is an abundance of proof to her mental health issues as she disscusses it regularly wth her GP and has been on meds for years. Physical health is also on the decline which obviously makes her mental health worse and also on the decline.

How much of a chance do i have of having custody, I believe that her mother should be involved in my daughters life as she is a woman in the making and paychologically needs a mother figure but I wish to be the decision maker & responsibility provider for her.

What do I do? Do you need more information in order to advise?
Annon 28/09/2017 at 11:11 am
If Father stashed money during marriage by financialy abusing Mother while she brings up young children, it will help him get highly expensive lawyers (while mother is in legal aid) who are socialising w Judges via Masons organisation and this is way to take children away from perfectly normal, healthy, capable and fit Mother's!!
SeparatedDads Editor 26/09/2017 at 12:48 pm
Under the Children Act 1989 a council can apply for a care order if it believes a child is suffering or at risk of suffering significant harm. I'm afraid we cannot anticipate what a court may decide. As in all cases, the court’s main concern is the welfare of your child. 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.
Stress 25/09/2017 at 10:40 pm
Hi. Stress is really desperate for advice.
Stress 25/09/2017 at 10:38 pm
Hi.. I'm extremely upset. I'm in recovery from alcohol. I've been accused of drinking alcohol and despite explaining that I have been drinking energy drinks in high volume. Researched it too. They have decided to go to court for a care order. She's been told she will be coming home 2 weeks ago,. Now this. At 10 how much weight will her wishes and age hell her return or have I lost her? Any advice appreciated
SeparatedDads Editor 18/09/2017 at 11:45 am
Much depends upon what you and your ex agree between you. If you can't agree and you wish to remain the primary carer of your children, then you or your ex would have to either try to resolve the matter via mediation and/or if mediation doesn't work out, the courts. If you have been the primary carer for your children to date, you will stand a good chance of remaining the primary carer (dependent upon the situation and who remains in the family house). The courts will always decide upon what it thinks is in the best interests of your children and stability and consistency are key. However, if your ex remains in the family home, she will also have a good chance. Shared-care is an increasinly more frequent arrangement these days also, which is best arranged between you both. However, only one parent can apply for child benefit etc and by default this theoretically makes them the primary carer. As both of your children are older, they too would have a say in court. If needed, you may wish to seek legal advice in order to fully explore your options.
Summersunuk 15/09/2017 at 4:21 pm
Hi

Ive been house husband for my two boys 16 and 10 for their entire lives. We are getting divorced am i likly to retain custody?
SeparatedDads Editor 14/09/2017 at 2:33 pm
It is highly unlikely you would be granted full residency of your child unless it was absolutely necessary the child had to be removed from the mother. However, if your ex refuses to name you on the birth certificate, you can claim parental responsibility through the courts.
Soontobedad 14/09/2017 at 2:10 am
Hi my ex is currently pregnant about 4-5 months she has two other kids already but there not mine I know she has a very poor mental state and an addiction to canabis
I was wondering were do I stand on gaining full custody of my daughter when she's born I have a full time job and I'm paid well I don't currently have my own place to stay but I'm looking for somewhere would I have a case in court I know she wouldn't give me access to her and I know for a fact my name won't be on the birth certificate I just want what's right for my daughter when she's born and I don't think my ex can give it to her please help :/
SeparatedDads Editor 11/09/2017 at 5:06 pm
You can see all you need to know whichYou may also wish to visit your JobCentre Plus if you wish to speak to someone directly.
Si 11/09/2017 at 9:05 am
Hi
I been fight my ex girlfriend for 5 years straight now she kept stopping my contacts with my son. Saying you not his dad cause my name was not in his birth certification she when to give birth but did not inform me of this I found out on Facebook site. Now am having regular twice week contact my name on birth certification threw dna I have share rights with social services. My son is nearly 6 years old been told that I am getting custody in November so I moved into a 2 bed flat with local council I work full time at mc Donalds. Please can help me what benifits could I start claiming for of get forms to fill in ready please .
Taliflo 02/09/2017 at 10:46 am
Hi my ex is an alcoholic cocaine user my girls aged 12.17 live with her but there mother will leave them i middle of the night to go get drugs or drink I always pick up the pieces she will disappear on any given day and not come back for days but dies remain in contact with them I have sufficient evidence that proves she is a drug and alcohol abuser and the man she is with is a drug dealer l have been in contact with social as I want full custody of the girls my problem is also I live in a 1 bed housing association flat so would need sufficient accommodation. Also I find social to be absolutely useless
Perspective 14/08/2017 at 4:24 pm
Hello. My brother is a couple of years younger then me, but will always be my baby brother. He lives with his fiancee in a different area to his friends and family, yet I've began to notice a domineering trait. So much so, that they're under one roof sometimes living two separate lives. He is commuting to work, doing a managerial position, coming home running errands and then doing daddy chores (although I will admit he dotes on the latter). There is nothing he wouldn't do for his baby boy, and that's the part that scares me. My brother has recently been diagnosed with depression, and I'm concerned that this is because he's unhappy with his situation/relationship but he would rather "put-up and shut-up" as opposed to risk losing his son. By ending the relationship, he wouldn't just have the wrath of his now-ex, but also the ex-mother-in-law too. I would love to be able to tell him that this isn't the only option and he would be able to at least have access to his son, or possibly even apply for custody? However, in making the split, he would have to move back to his routes which is a 3 hour distance away... would this make a difference? Any help would be much appreciated.
DaddylittleAngel 16/07/2017 at 9:56 am
My partner has had 2 children removed her for neglect from ipswitch social services and once they were informed about her being pregnant with her 3rd she ran off to spain. And when i met her she hmgave me a sob storie of the social services were nothing more than a systematic machine who abducts children who then can sell. 2 years later we had out child and had social services and she had pases of doing things she shouldnt of like spending more time outside than thats redeemd acceptable she ran off and stayed at her friends house who she met of the group who has a cocain and alcahol problem she has had alot of times of not coping and strugling to understand the right from wrong with her learning difficulties she stole £400 out of my bank bank for the past 3 months leaving us short. She has kidnaped ny son to be closer to her familiy becouse she isnt coping and realying on her mom who tried to refuse jacobs injections her 3rd child shes refusing contact all i know is that she is 240 miles away what will be my chances in court once i prove my side with the help of social servises
SeparatedDads Editor 10/07/2017 at 3:19 pm
If your brother has been the main primary carer of the children, then he has an equal case to maintain the status and gain residency of the children. Much depends upon whether he and his wife agree on who would become the main carer. If his wife does not agree to the suggestion, or to mediation in order to come to an agreement then he would have to take the matter to court. The court will always decide upon what it thinks is in the children's best interests. I'm afraid there is no definitive answer at this stage as there are so many variables.
Concerned 08/07/2017 at 10:06 pm
My brother and his wife have 2 children. She is emotionally and verbally abusive to the children and to him. They also have had no physical relationship for nearly ten years. He has been the primary caregiver since the children were born working nights while his wife works days. His children are beginning to pick up her abusive nature and treat him in the same manner. He wants to end the marriage but is afraid to leave that the children will be stuck with their mum without him to protect them. What is his recourse, if any?
Harvey 19/05/2017 at 6:18 am
My ex-partner has a history of issues with family members and others which amount to unevidenced allegations. She has received a series of anti-depressants from Dr's from an early teen, but seems to have slipped through the system for direct intervention and has not sort long term help. She seems to run a life cycle of complete breakdown every 18months where she binge drinks as self treatment until intervention is forced by authorities. Police involvement with ex's(allegations), drink drive ban (blew 137!) attempted suicide on more than one occasion.
I got involved in the gap in between, when life was cool and being over compensated, however some of the history started to leak. Then I couldn't get out once she become pregnant. I felt I could help as this was a very positive thing for her. She kept it together and we have a healthy daughter. I was trying to manage the situation on my own. However, the moment breast feeding stopped at 4 months old she's was back off the wagon. Then one night at approx 6 months old she came in so drunk and ended up tripping and falling with our daughter despite my demands she didn't pick her up. Fortunately no harm done, I called for emergency services to confirm all okay, which I knew would start social care intervention. However, this backfired on me because she started to make unknown allegations about me to social care over the next year when she left me with daughter(now 18months) for her new partner. After consultant with a solicitor we prepared C100 & C1a and I raised my concerns for my daughter with social. However social were by now more concerned with myself ! I filed C100 & C1a and was countered with a non-molestation order and 86! allegations of DA, DV and general abuse and other even more serious and sinister (non of which were true or happened). Non-mol was thrown out due to lack of evidence after 4 weeks. My solicitor advised that the very best arrangement order I could achieve would be 50:50 because of lack of evidence on alcohol and mental health grounds although by then we had full disclosure from all parties, police, social and health. After 3 months and a change of solicitor (because they wanted to settle for less contact by dropping the allegations), we got 50:50 and all allegations were stuck off on both sides. I haven't slept well since ex-partner left because I know she continues to drink, however had to rest for now knowing I'd done all I could to protect my daughter. Now a lot poorer, I got on with the life and the 50:50 arrangement. Until recently when ex was arrested in a bar for being drunk in charge of my daughter. Daughter was returned to me by social and remains with me in breach of order. Social would like to mediate for us now, however do not want contact with mother for time being. I intend representing the now updated C100 & C1a forms and would like to know what my chances are now of, full custody? Is there anything else I should consider? Broke this is going to be a cha
ManabouttheHouse Editor 10/05/2017 at 2:22 pm
@danny - he'd be classed as your third child, as he is your child. You would get no special dispensation. The government will not give any more money than it has to! Aid.
danny 06/05/2017 at 1:53 pm
Hi, my ex had my son taken off her and he's been placed for adoption. I've got a meeting with social services about me getting full custody of him.. I have 2 children with my current partner and the government now state you can only get financial help for 2 children..
I'm just wondering if I get full custody of my son will I be entitled to help on a separate claim for him or will he be classed as our 3rd child and get no extra support
Tom 05/05/2017 at 4:20 pm
Hi my ex abandoned our daughter at 4 months old she will be 10 years old this month. 3 years ago when my daughter was 6 her mum got back in contact and wanted regular access I agreed that it's the right thing to do and so she started seeing her for a few hours here and there. Then all of a sudden no contact for 5 months then she got back in touch I took it to family court as I didn't know what my rights were as a father, I don't mind her being in her life but she needs stability and agreed a court order where it's equal custody but she only has access to her every other weekend. This week she wouldn't allow my daughter to come up and made a bunch of lies up at the school about me which I've now sorted out she keeps refusing to send my daughter home and the police won't get involved as she is in a safe environment with her mum. Please can someone give me some advise as what to do this woman can manipulate any situation to her advantage. I've never stopped her from having her but surely she can't just decided she's living there and I get no say.
Ali 30/04/2017 at 6:47 pm
My man's ex is in an abusive relationship. Would we be able to get custody of his kids? As far as we know the guy is not hitting the kids but is being violent towards and argues a lot with their mother.
becks 30/04/2017 at 1:57 pm
My partner has already taken the mother of his child (previous relationship) to court, he managed to get 2 1/2 hours contact every Sunday until the age of 4 and then onwards 5 hours, his daughter is now 5, he had half PR over her and He is feeling that his daughter is not being looked after properly (has turned up today in the wrong clothes for the weather and the ex has said that she has no money to buy their daughter clothes even though she's on full single parents benefits) What we want to know is if he doesn't return the child what would happen ifor she was to ring the police? Would they be able to take her home or would she remain in our custody until she proceeds to take us to court? Thank you
nic nic 27/04/2017 at 7:09 pm
My son's ex partner has been told by social services that she can only have 1 hour a week supervised visits, and my and they have told him she isn't allowed any other contact . He has them living with him at the min. They have told him they have had concerns since last summer but they won't tell him the reason why. Do they have to tell him by law or can they keep it from him
Baby 25/04/2017 at 8:20 pm
Please am living in the same house with my husband and 2 daughters but we're having misunderstanding and he want me to leave the house and leave the kids with him, i want to leave with my kids because can't leave without them but don't have anywhere to go to because can't afford to rent a house and the house was given to us by the housing associations. Please what should i do because am emotionally stressed.
Eddieballs 25/04/2017 at 11:02 am
Myself and my wife have been divorced for 2 years but had a agreement between us that we do a 2 weekly rota where I have 2 nights per week changing the days. Our daughter is 7 years old.

I work full time but I am able to work round my daughter so I have been asking to increase my days to half.

She has 2 siblings at my ex wife's house - children she had after our divorce. So are my daughters half brother/sister.

She keeps refusing 50/50 custody or any increase in days. What are my chances in court? My daughter is happy, settled and doing very well.
Bongza 21/04/2017 at 1:58 pm
My ex-girlfriend trow me our baby (son) when he was 8months old. And now he's turning 6years old, and he graduate 2016 @ shalom chreche, he's now doing grade 1. His mother ask me for him to come and visit her while school is closed. She take him now she don't want with him, my son grew up now and he,s like a brother to me. So what can I do to get him back because he supposed be at school?
SeparatedDads Editor 21/04/2017 at 11:24 am
In this case, I would seek professional family law legal advice in order to explore your options. If you stop access you will be in breach of the court order, therefore you will be advised to find out what the repercussions may be and what your best recourse to address the matter is.
Adamsnith 20/04/2017 at 5:53 pm
Hi my name is Adam I won full custody of my daughter but her mum gets her at weekends but in the court order she has her at her boyfriends who how boyfriend has been hitting my daughter that's why I taken her to court but can I stop her taking my daughter there if I think her boy friend is still hitting my daughter or my daughter's muttaia
Mikeymy 30/03/2017 at 11:59 am
I got custody of my 2 daughters back in 2012 after I raised concerns of neglect and abuse by their mother and of them witnessing physical violence by mums then boyfriend. After mum sent the police to remove the children from my care they refused as they weren't at risk and I then informed social services of my concerns. So after nearly 6 months back an forth to court for who got full custody her child tax credits/child benefit for the girls got stopped as they were no longer in mum's custody, shortly after this she stopped coming to court and after cafcass contacted her to see why she wasn't at court she told them they would be better off living with me and wouldn't even agree to any kind of written contact order. The judge awarded me with full parental responsibility and said because she didn't agree to any sort of visits it was down to me to be reasonable in terms of letting her see them. So for the past 5 years mum has seen them on and off when it has suited her and I don't think I've been unreasonable in terms of letting her see them. Now a few weeks ago when she gave me a text asking if she could keep them on the sunday evening and she would take them to school the next morning, I agreed and went to work that morning only to get a call from the school that morning asking why the girls weren't in school. After speaking with mum she tried telling me the girls were sick an that's why she kept them off school. I later found out she had been out drinking all weekend and didn't get up to take them school and was refusing to return them on the monday night telling me she would take them to school the next day. I rang the police just because this has become a regular thing with her and I wanted it on record that she isn't sticking to agreed arrangements for visits. I have been told off her that she now wants full custody of the girls and my eldest who is 10 this year wants to go and live with her one day an stay with me the next depending on her mood (my youngest doesn't want to live with mum). Because of this I have now stopped her seeing them because I just don't know if she is going to refuse to return them or not. I am really worried that with one of the girls saying she wants to go live with mum a judge will grant her full or shared custody if she does take me to court and all my hard work trying to keep them away from a toxic environment will be for nothing. So I guess my question is what I should do next risk letting her see them and keep them or wait for her to take me court and possibly make things worse for myself when the judge sees I have stopped her seeing them?
SeparatedDads Editor 20/02/2017 at 1:48 pm
I'm afraid we cannot advise on this as we have knowledge only of UK family law. In the UK, it is unlikely also a court would take a child away from her mother unless absolutely necessary. You would have to seek legal advice in your country of residence to explore the family laws there.
Sanj 19/02/2017 at 8:00 pm
Hi I'm a British citizen married to an iranian citizen here in Philippines . My daughter born here and is a British citizen also she will be 3 on march . My wife is living with another man and took my daughter away. We got married here in the Philippines . How can I get full custody of my daughter?
Cas 15/02/2017 at 2:11 am
Hi my wife has ended our marriage because she is seeing someone else, we have two children together and we are still living in the same property together as we cannot afford to go separate ways, I have tried everything in regards to agreeing set times with our children, but when it comes to my nights or weekends away from the kids she is always changing the days saying she's got some thing to do so I constantly have my kids which I love but is there anyway I can keep my kids with me as I feel that she will sort a place out and take the kids from me my kids are only 5 & 8 and constantly say they want to stay with me I have looked for advice everywhere and it seems as though I don't stand a chance as she has even said that if I take her to court she will just say I've been violent even though I havent, feel really trapped all me and the kids wanted was a family unit we didn't ask for it to be split up it was her choice but I feel as though me and my kids are going to suffer because she choose to go with someone else, any help on this would be great thanks
SeparatedDads Editor 13/02/2017 at 11:02 am
I can only suggest your son takes legal advice regarding this matter, especially if he is currently caring for his child 50/50. However, please be aware that issues can backfire and taking the matter to court can result in a fraught battle. By the fact your son has moved out of the family home, means that essentially his ex has become the main carer and it is unsual for a court to change a child's home i.e transfer the child from his family home to another (i.e your son's home or yours). The court will always decide upon what it thinks is in the best interests of the child. However, if your son has safeguarding issues, and thinks his ex may move without consent, then he 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. But again, this is a process fraught with obstacles and legal guidance would be advised here. I am also going to put an edited version of your question on our Separated Dads Facebook page where our dads (who may have been through similar experiences will be able to help with some alternative advice). Therefore, please refer to the page for more answers. I hope this helps.
Nanna 12/02/2017 at 8:11 am
My son and partner have a 4yr old son, recently she has been unfaithful and my son moved out. My son has been sharing care and that seems to work very well. Unfortunately the ex partners new bf is a coke dealer and she has been partaking on the nights she doesn't have her son. This has caused arguments and concerns. She has not informed me that school has been closed on the days I drop my Grandson to school. She is forgetting that the school has a dressing up day. She is shouting at my son in front of their son saying she never wanted children. It's all so sad. The little boy is such a lovely little guy. Her behaviour has changed since she has been taking drugs, almost like she has 2 personalitys now.
She works away a lot and has a career that is about to take off, my son has offered to be the main carer and I would help, her and I have always had a lovely mother/ daughter relationship and loved each other. She comes from a completely different background to us and slipped very nicely into our lifestyle, rarely visiting her family during the last 4 years. She has a big family, all on social benefits. She now wants to take the boy to live there as she has lots of people who can look after her son, even though he barely knows them. Her brother is on a suspended sentace for drug dealing and he also lives with her parents, which is where she intends to stay. Would my son be able to stop this move?
Sharks 20/01/2017 at 5:06 pm
My son was told in October he is possibly a father to a little girl ,DNA test done by social services it's his child ...........social services told him she was placed with her grandparents as mum not able to due to neglect ....now Jan and still no contact so went to solicitors...just been told child now placed with grandparents on a guardianship order ............what does my son now do .........he wants to be part of her life
SeparatedDads Editor 18/01/2017 at 2:30 pm
Firstly, if you can keep up the mortage payments then as the primary carer of your child it is highly likely (should it ever go to court) you would be allowed to stay in the house until your daughter is 18 and beyond. By then, dependent upon the amount of money your ex has contributed, she would be entitled to little or non of the equity in the property. If the mother of your child is working, then she will be eligible to pay child maintenance ( you can see how much via whichI hope this helps.
Focus 18/01/2017 at 10:03 am
I have been awarded full residency (court order) to our 9 year old daughter with very stressful court cases !! However, it's now been 3 years since she left the family home. The mother has not paid anything towards the house ie mortgage etc or any child maintenance. The house is in both names but she has chosen to walk away and wash her hands with everything. Contact in the past has been very irregular with mother and daughter, previously left for 10 months and now back in contact again. My question is what can I do in regards to the property, does the mother has a responsibility for both child and house, does mother lose her rights as walked away 3 years ago and contributed nothing. I need to establish the best way forward and what's in the best interest for my daughter regarding stability etc. Many thanks
SeparatedDads Editor 13/01/2017 at 2:18 pm
I am sorry to hear this. The police can do nothing to help in this situation. However, if you were given parental responsibility of your sons (which will not be affected if you returned to your partner), then you can apply to court for access to your children and if your partner has not asked for your permission to leave the area with your children (which she is legally obliged to do if you have PR), then you can apply to bring your children back to their school and area etc. Although, there is no guarantee a court will opt for this as it will always decide what it thinks is in the best interests of your children. Firstly, you would need to apply for a child arrangement order through the courts, In addition, you would have to apply for a C4 form, which is an application for an order for disclosure of a child's whereabouts. Our Separated Dads forum will also be able to help you further to as there are many dads who have been through the same or similar situations.
SeparatedDads Editor 13/01/2017 at 12:20 pm
If you want the security of your daughter living with you and you have the back up of social services, then you would have to apply for a residency order, please see gov.uk which
seed198 12/01/2017 at 10:29 pm
Hi so iv had a court order in place where i jave the parental rights over my two boys we did seperate at the time amd today she has done a runner with them.i spoke to the school and she said mra and lods were in social services care so on 4 seperate calls through the night social services said that my kods are npt on there system as i got back woth my partner would that void the court order that was in place?
The school also said police was contacted but when i rang them they said had no calls from that school in over a year so stick on what to do as iv no copy of the order at hand the police wont do anything any help would be mich appreciated ty
Dan 12/01/2017 at 3:39 pm
I'm looking for what my next step should be, I've raised my daughter since she was born, her mother walked out when she was 4 days old due to mental health issues, she was later referred to a mother and baby unit wich I allowed my daughter to go into as I thought it would help her mom get better sadly this was not the case and she was asked to leave after 5/6weeks, my daughter was then returned to my care, her mom has suffered with depression now for most part of her adult life causing her to self harm on occasions aswell as threading to kill her self numerous times more recently after our child was born, our daughter has lived with me for all 8months of her life so far (except the time she was in the unit for 6weeks), I've had social services round to visit me and they were happy with how I was hassling everything, now more recently her mom has started to want to see her again wich I was happy with but she didn't like the fact I was only allowing her 2 days a week access, she is currently on medication and although I don't believe she is a direct threat to my daughter myself and all doctors involved with her during her time at the units believe there's a chance she would abandon her if it became to much, I need to have some security for me and my daughter that states she is under my care/guardianship full time, what should I do next or who should I contact
Lucky 11/01/2017 at 5:41 am
I have a 11months old baby boy, there's been a situation where he was snatched out of my arms from father and he took him out the house to his mums, now he's not bringing him back and he advised me to get a solicitor if I want him back, I phoned the police as soon as he took him in the pouring rain without covering him up properly, and I told the police he snatched him off me and the police said they can't do anything about it and I was advised who ever has him physically they have custody at the time and I think that is terrible. Now I'm the one who has to pay fees to get my son back when he was in my arms in the first place, what should I do?
anne 06/01/2017 at 7:31 pm
I have a 2year old and on new years day I was having a drink with her father so we ended up arguing his mother and step father got in to it.I ended up taking my child and leaving I ws drunk and did some things I wouldn't have done if I were sober it was a once off thing if they take me 2 court will I lose my child
SeparatedDads Editor 21/12/2016 at 11:27 am
I'm afraid to say the fact your ex has given you extra access and is still willing to accommodate you as a person is admirable give your admissions here. Looking after and caring for a child (so that your child grows up to be a well balanced adult) means doing what you feel is always in the best interests of your child. Telling your son that his mother doesn't love him is a low trick and will invariably affect him as a child. Who can blame your ex for wanting to not return to you if she lives in fear of you. I can only suggest you take a good long look at yourself in the mirror before contemplating whether to apply for residency of your son - is living with your really in his best interests? Parenting is about 'giving' not trying to bully, intimidate, threaten or lie to . Caring for a child and/or any other human being ( i.e your ex) is about offering them; safety, warmth, comfort and love and most of all 'trust' and if you cannot offer these to either your ex or your son, then you're in the wrong role as father and/or partner. The fact your admissions are honest, as least gives you some room to feel a sense of remorse and change. But if you don't, then you will always be living a life where people (including your son in later life) may wish to run from you. Remember kids grow up and the way you act and demonstrate your love not wont be forgotten later on.
Jo 20/12/2016 at 4:53 pm
I have been with my ex for 5 years. Have a four year old son. We divorced and I too her to court as she denied access this was when my son was 18 months old. I have regular contact with him and his mother. We have been on and off for some time. My ex overdosed over 18 months ago but got help. I have to admit I do throw my weight around and can be intimidating.. we are back and forth and have tried living to get her longest was two months. She went back home with my son to see her I'll mum and arguents started as to when she would return. She has given me extra access. I have to also admit I put my hands on her throat and denied it when social services contacted me. I feel she spoils everything even though she does share out son on bday and special occasions. She has panicked about returning and says she can't do it. She tried to incriminate me with text messages when we were going to court. I have taken my son for Christmas but not said when I'm returning him. I have played my mouth in front of my son and said she doesn't care or love him .and the instability is hurting our son. She comes and goes with our son. AS I do when i go to her place.She has her own place and he goes to nursery. Can I get full residency as she had depression stressed.
Speedy 16/12/2016 at 9:33 pm
My ex has emotional instability personality disorder, also some physical disabilities which mean she needs a mobility scooter, we split 6months ago and she took an overdose so our 2children live with me, my new partner and her 2 kids. My ex sees them regularly but wants residency back, she's trying every trick in the book to make us look bad and it's going to court. My kids are safer with me. I want them to see and have a relationship with their mother but I don't want them living with her. How would the courts view this? Also, there are police records of her being violent to me in the past, would this come into account? Thanks
SeparatedDads Editor 13/12/2016 at 2:42 pm
You would have to seek legal advice regarding this in order to explore your options.
Am2017 10/12/2016 at 12:11 pm
My Ex girlfriend has a baby prior to us then we had 2 more. We have separated and she now has met anotjwean and has had another baby with.the problem is that now dept of children and families are involved because this new boyfriend hits her and she had him arrested...I want full custody of my two children.. Not sure how to ho about bit.
SeparatedDads Editor 08/12/2016 at 12:01 pm
You would have to seek legal advice regarding this. It is rare the courts will take a child from one parent and hand them over to another for care, unless there is a good reason. Therefore, legal advice is needed here in order to see wehther you have a case.
Agb8765 07/12/2016 at 7:12 pm
Me and my partner reacently split as she was very lazy and i was left to do most things i.e. Washing clothes, shopping, tidying the flat the list goes on. since the break up our son misses atleast 2 days a week of nursery her flat is always a mess she smokes cannibis most nights I feel if I had full custody I could offer my son more stability And consistency in his life I do get to see him a few times a week but I would much rather have full custody and look after him myself as I feel I could do a better job I just don't know wether I would have a chance of winning full custody ???
SeparatedDads Editor 07/12/2016 at 11:04 am
While your ex may have verbally agreed she would not introduce your son to another man, as she has parental authority she has every right to change her mind and do whatever she wishes. It is highly unlikely a court would grant you full custody over an issue such as this (full custody is only given to the other parent when absolutely necessary i.e through confirmed child abuse, neglect etc). While it is good that you can negotiate amicably with your ex over what you both think is in the best interests of your child, such agreements are voluntary, not mandatory.
Kay barber 06/12/2016 at 2:23 pm
I've got a child arrangement order in place but we also verbally agreed she will not introduce her boyfriend to my son as I know that they're just passing time together till her boyfriend family decides he will be getting married. Recently my son has told me his mums friend is 28 same age as me so I asked him who is your mums friend and how he knew this guy was 28? My son replies with I know cause he told me. I tried contacting his mum but she was at work so I managed to contact her boyfriend and he denied that you knew my ex. Anyways when I did manage to ask my ex she also denied that he has never been around whilst my son was they. I don't want my son being introduced to different guys it's not fair on him I strongly believe that she isn't looking to settle down with anyone there for I would like full custody of my child. Could anyone please help me?
kdimmock 22/11/2016 at 11:08 pm
Hi I've filed to court for a child arrangements order. I kept my daughter after a contact weekend because she said she was scared of her mothers drinking and didn't want to go home. She is under a child protection plan as mum was arrested for neglect and has a drink problem and my daughter was found in the street. And mum drunk at home. She waa taken into care under a police order protection. Several Incidents this year alone. We can't afford solicitors fees. What are our chances? We had to change schools because she previously lived 2 hours away. She's very happy now. Although it's only been a few days. We applied as urgent
Baseball 22/11/2016 at 6:24 pm
I'm the grandmother of my 2 yr old grandchild. I've practically had her from day 1. The mother (my daughter) of the child is 18.. My daughter was young 16 when she had her. She went off the rails and gave my granddaughter to me to look after. She is on child protection.. I've cared loved and gave her stability for 2 yrs. Now the father wants her. . Hes hardly seen her in 2 Years and my granddaughter doesn't even know him. When he does an see her my granddaughter cowers away from him. He smokes weed and puts his friends first and my daughter also does the same plus she's been arrested with no further action for drugs. She doesn't take them she was caught with them in a car which wasn't hers.. The father has no Profile or name on birth certificate does he have ashame of getting my granddaughter
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Incogneat 20/11/2016 at 11:54 pm
The mother of my child stopped me from seeing my daughter for no apparent reason so i went through all the legal steps to get access to seeing my daughter when it went to court cafcass contacted me and made me aware that she had had two children taken from her i believe that she is emotionally unstable and a compulsive liar, she keeps making allegations that i was domestically violent though there are no police or hospital records to back what she is saying, but the courts seem to be listening to her. What rights do i have as a father i am representing myself
SeparatedDads Editor 16/11/2016 at 11:22 am
If you have your son 50% of the time in a shared-care arrangement, it is certainly worth seeking legal advice over. It is rare the courts will move a child from the resident-parent's 'established' home. But it is more likely to consider it in a shared-care arrangement. You don't say what your ex's opinion is regarding your son living with you full-time, if you are both civil to one another, it may be also worth voicing your concern. However, you always have to be mindful that taking action could backfire by her trying to withdraw access. Unfortunately, this is the conundrum many NRP's experience when considering whether to take the matter further.
Fred253 15/11/2016 at 1:16 pm
I split from my ex wife 3 and a half years ago, with her moving out a few months later. We have a son who is 8 years now and he lives with me and my new partner 50% of the time. He always comes home (on several occasions he's been upset and cried) and says that her and her boyfriend have been arguing in front of him, which includes shouting and bickering between the two of them. We have had reports from friends, that they've been out drinking on several occasions and ended up physically fighting with one another too. She has a problem when she binge drinks on alcohol as this was one of the causes of our breakup.
On one occasion when an argument broke out in the car, with my son in the back, the boyfriend ended up pulling up the handbreak of the car while travelling and they skidded.
He comes home with dirty clothes, school shoes are never cleaned and until he started cutter his own nails, they were always long. I always take him to have a hair cut, buy all of his school uniform including shoes and PE kit and pay for the clubs that he wants to attend, along with giving my ex £50 each month.
We found out a few weeks ago that her and her partner smoke e-cigarettes while my son is in the room and also while he's in the car. He has told us that he has asked for them to stop and I've also confronted her about this but this has had no effect. He comes home with coughs and colds most months too and I believe, since a change in where he goes after school on her evenings, his behaviour has got worse. His homework is always left to do when he's at home with us.
I understand that he needs to have a relationship with his mum but at the same time, I truely believe his upbringing is being hindered due to where he is living for 50% of the time. As a father, have I got a case to have custody of him?
SeparatedDads Editor 31/10/2016 at 2:38 pm
I am sorry to hear this. As a positive if your children have been with you three days per week because of your ex's personality disorder, then this may help your case, should the matter have to go to court. If you fear your ex may move without consulting you, you can apply for a Prohibited Steps Order through the court. 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. There is no guarantee the court would decide in your favour. However, the court will make a decision based upon what it thinks is in your children's best interests and if you can prove your ex is unable to fully support or care for your children in their best interests, the court will take this into account. The court is not discriminatory of a person having a mental health disorder, as many parents suffer from mental-health issues and it does not mean they cannot take care of their children. But if your ex has issues known to her GP and it has affected her ability as a parent, then this will be acknowledged. On another note, a mutual resolution may be the best way forward, if you could come to an agreement about your children's care. Seeking some legal advice would be advisable too.
SeparatedDads Editor 31/10/2016 at 2:26 pm
You can email admin directly from the forum and the forum team will help set you up.
BN84 29/10/2016 at 12:32 pm
I've described my situation below, as well as leaving the comment I've tried to join the forum however after entering my details and the verification letters/number combo I get a message telling me your system suspect I maybe be trying to spam. How do I get registered?
BN84 29/10/2016 at 1:49 am
Hi I was with my children's mum for 7 years married for 2 we have 2 children together 5 and 1. She informed me not long after we started dating that she had been diagnosed with borderline personality disorder and she was later advised on 2 occasions by medical staff that she suffers with cyclothymia.

Over our time together she relied on me heavily for support during battles with depression since our first son was born I've had to work from home 2 to 3 times a week on average to look after both her and our children. Earlier this year without warning, she asked for a separation I later found out she had meet another man on a bipolar support group forum. Since our separation she has continued to date him. losing my wife was hard enough but going days without seeing my children is devastating.

Our separation agreement says they should be with me every other weekend and half of the holidays and I pay a large amount in child support. In reality though since the separation my children have been with me on average 3 days a week as she still struggles with her depression. I'm extremely worried that she has now introduced our children to the man she had an affair with and maybe planning to move to live with him over 7 hours drive away from me.

if this happens I will have no choice but to battle her for full custody, she has no family down their so our children would have no support network and would be in a home with two individuals with mental health issues. I'm just worried that if she lies about her mental health and his there may not be much I can do about it until it's to late and my children suffer from being in a potential very unstable home. Any advise would be appreiated
SeparatedDads Editor 28/10/2016 at 1:49 pm
It is certainly worth seeking legal advice if the mother is working seven days per week and has little time for your child. However, much will depend on what sort of care your child has when the mother is not around. The problem is that it is very rare the courts will take a child from a resident parent and hand the child over to the other parent unless there is a very good reason, such as neglect, abuse etc. Regardless of whether your child's mother is working all week, if your child is being properly cared for and established at school, then the court would see no reason to upset your child's routine. The court will always make a decision based upon what is in your child's best interests, so it may mean if the mother is working seven days a week, then the court may offer you more access or overnight stays. However, as you specified this would be logistically difficult for you. Unless there had been issues resulting from the fact your current partner has been in care that may create problems of her caring for your child, then this would not be an issue. Legal advice may be helpful here, or just simple communication with your ex to see if there is any way you can be of support to your child while she is at work.
Btw11 27/10/2016 at 6:30 pm
Hi there, I have a 8year old little girl who is the apple to my eye. Her mother and her live about a 40min drive away so unfortunately I only have her every other weekend and for school holiday's. Her mother has a job tue-sat until around 8pm and has currently informed me that she is now got another job and will be working 7 days a week. Which I find really hard because where is the time for my daughter? She calls her horrible names and also has hit her on one or more occasions which I can't prove as its what my daughter told me. My girlfriend whom I have been with for 5 years and myself would like to apply for full custody of my daughter but her mum uses the fact that my ex grow up in care due to her mother negleting her? Would this affect us and would they look into my gfs care background? Also has my daughters Mother got more rights then me? I dont want to have to put my little girl through all of this but she deserves time and love and attention and encouragement in life. Thank you for reading
Violet 07/10/2016 at 3:01 pm
I have been dating my bf for over 4 years, he has a 5yo boy with his ex. He looks after his boy at the weekends. His ex has been violent and abusive throughout THEIR relationship and OURS. She has held a knife to his throat (while in their relationship), physically hit him (during OUR relationship, while she was having a psychotic episode from mixing alcohol while on antidepressants), she has sent us death threats and had social services called on her several times (which my bf lied to to get them to go away, because he's scared he's gonna lose access to his son).

For those 4 years, she has BANNED me from being in the same room as their son, when I have done nothing wrong. She has used their child as a weapon and is regularly aggressive and bullies my bf into doing whatever she says, threatening to not let my bf see their son if he disobeys/disagrees. The boy is at an age where he will tell the ex if he has seen me, so we can't spend time together discreetly, without it causing an argument.

My bf suffers from depression because of the abuse he receives from her (his hair has turned grey from the stress of it all). He feels like he can't stand up to her, coz he'll lose access to his son.

To make matters worse, she has since had a new baby, with her abusive bf (he has smashed her head through a mirror). They split up a week after the baby was born, but have since reconciled.

My bf and I both have stable jobs and are saving money for a house. I am concerned about the 2 children living in a household with 2 physically and mentally abusive adults. What can my bf do so that he can guarantee access to his son and allow me to see him too, without his ex taking him away?
jj 05/10/2016 at 4:55 pm
Hi, me and my partner have a little boy together he is 2 years old in 1 week. She used to live in the same town as me but met another man and moved to a town about 1 hour away, and refused to let me have him on the same weekend I have my other child. And made my life very difficult, I feel her partner had a lot of involvement in when I got to see him, she involved the courts and wouldn't liaise with my offer of when I had him, she then has gone back to her own country. And didn't tell me, she has been there 19 weeks now. I don't know what to do, she claims she is over there for treatment for her bad depression, but doesn't know when she is coming back. But it has now been discovered she is planning to stay over there for good, I will be having my son for 2 months in December whilst she stays over there, but due to it coming to light that she wont be coming back to live in the UK, I will be risking not seeing my son regularly if I hand him back to her after the 2 months. What can I do about this? I love him and just want him with me. She isn't being fair, she has no home no job suffering with depression- I feel she is not in a fit state. Please advise me with this?
Star 01/10/2016 at 11:52 pm
Hi, I need help regarding my situation. I am American citizen supposedly visiting my ex partner here in U.K. With our 2 year old. He wanted us to try if we can work and I agreed on that cos it's good for our son as well. After just a day of arriving here my ex started abusing me emotionally and saying I need to leave and I can't take my son with me cos he is British and my son is British I tried to be good to him even though he is hardly home and hardly see his son cos he said he is so busy at work and he just comes home to eat and sleep. He continued doing those things like coming home late and telling me that I need to leave and need to start my career and he can't have me staying in the house doing nothing and be miserable cos he isn't home. 2 weeks later he took my sons passport and told me to leave that day. I left without my son and stayed in hotel nearby, later that day I went back to get the rest of my stuff and he was rude to me I ask him if I could see my son and he said I can't and close the door on me and he opened it again ang I grabbed him and beg to see my son and he pushed me away until I fell on the boulder outside his house I got scratches and bruises on me reported it to police but they didn't help me cos they said I was in his property and told me I can't go back there and can't see my son not until I get a lawyer. I was the one who actually brought him up and his dad only supported him cos he doesn't want me to apply for child support and he didn't even take any steps to see his son. Now I can't see my son and since I'm not from U.K. And not a citizen here police are saying I don't have the right to see him? Help me I don't want to lose my son
True Father 28/09/2016 at 1:20 pm
I have 2 children. One will be 4 years old in october and another 13 months. Since my daughter birth 13 months ago, my ex went for recovery for 2 weeks to her parents, she never returned back ever since due to in laws interference. Reason given was my house condition. Even they were aware of my financial situation. I tried numerous time to resolve the situation by using family and social member to bring family together for 8 months but my ex partner family never let it happen.
I tried my up most at least I could see my children but my ex and her family never let me see my children.
My ex has history of health condition such as high blood pressure, heavy migraine, kidney diseases as only one kidney is functioning due to that she has to be on high dose of anti biotic and other related medicine.
I have been in court for a child arrangement order since May and got interim order from the court to see my children every weekend during this she breached the court order twice but court refused to act against her. Reason for breached .1 my daughter was sleeping 2. My daughter is not well.
There was final hearing couple of weeks ago but the court could not decide anything due to my ex refused to give my children over night stay and 50% share in holiday and travelling. So the court has referred this matter to the judge and order to prepare the guardian report from cafcass.
The court continued the previous interim order every weekend for 7 hours but last weekend again my ex did not make my children available, the reason given was it is her weekend which is not mentioned in the court order.
My ex also suffers from depression which she informed me few months back when she received the first court summons. she doesn't take doctors advice and prescribed medicine but I believe she buys back hand medicine to avoid doctor record which could go against her.
Prior to final hearing we had another hearing for cafcass section 7 report, during the hearing she also mentioned about her anxiety issue too.
I believe she has serious mental health issue on top of her health condition as mentioned above. But she avoids going to the doctor.
I have great concern about my ex health condition which seems to me deteriorating which will directly affect my children. As I have very limited information how she treats my children in side the four wall and I only see them once a week.
I dont know what to do as my children future are at risk and court seems to care and support women instead of children.
Would any one guide me what to do in this circumtances, will there be a way to secure my children custody to me to secure my children future?
Any advice will be appreciated.
SeparatedDads Editor 23/09/2016 at 2:17 pm
We have answered this question further down the page. There is no change to our previous advice.
SeparatedDads Editor 23/09/2016 at 11:20 am
It is highly unlikely the courts would hand your child over to the other parent unless considered absolutely necessary. The court will always rule for what is in your child's best interests and stability and consistency are of upmost importance.
Princess1 22/09/2016 at 11:09 am
I left my Husband a few months back, we have a 22 month old. I left due to all the arguing and fights i don't want my daughter to be bought up in that. So made the decision to leave with my daughter. Since then he's missed 2 cma payments and also trying to file for full residence saying I drink to excess.!! Which is not true. I work full time and daughter goes to nursery and loves it, she is very advanced for her age, happy and healthy. He has not really had any input in her life as to me he's not that interested. Since we spilt up he never asked how she was or for any contact. I had a non molestation order put on him, but even before that there was no asking for contact or how she was. Even now he hasn't even bothered to contact any of my family to see how she is... Nothing.! I have filed for full residence aswell. Is there a chance he will get it??
I feel he is doing it because I left him and he knows that's the one thing that will hurt me.
Unsuremummy 21/09/2016 at 11:44 pm
I separated from my daughters dad 3 years ago the reason why we separated was because of continuous domestic violence towards me which still continued Even after we had our daughter. I have called the police on him many times before last case being January 2015 which went to court but I closed the case because I was mentally not ready to face court for charge against him attacking me. Now there is many police records of this abuse. He is now telling me he will apply for joint custody of our daughter baring in mind he barely provides any Maintenace for our daughter since we split. He's visits are not regular and he blames me saying I am bitter and stop his visitation. I stop them because he will not compromise on collection of our daughter and I feel like I constantly have to go out of my way to make it easy for him. He has he's own address which is not suitable for my child to stay at. So does visit at his mums house. He is now agreeing to a fixed visitation schedule and regular maintenance so kn 6 montb he will apply with this evidence. My question is now how likely is it they will grant him joint custody on this basis. What is it that would be likely to happen.
SeparatedDads Editor 15/09/2016 at 11:05 am
This is a very tricky question to answer as it is dependent upon many factors. First of all, you don't say how old the children are as if they are teenagers, they would have more of a say if the matter went to court (I imagine it is unlikely the mother would willingly hand the children over to you). However, despite all you say regarding the children's upbringing it is unlikely a court would make a decision to change the residency of the children unless there was a very good reason for doing so and a reason that you can prove. Drinking, drug taking, moving frequently aren't actually reasons unless the children are suffering some sort of abuse as a result i.e neglect, violence etc. While the mother may be far from perfect, it does not mean the children are not loved and cared for. The court will always decides on what it thinks is in the best interests of the children. Therefore, legal advice may be useful here to see whether you have a case.
SeparatedDads Editor 14/09/2016 at 2:00 pm
I am sorry to hear this. However, it is highly unlikely a court would take away parental responsibility from one parent, and/or take away custody for no good reason. In order for this to happen, you would have to prove your ex was seriously neglecting your child. While your ex may be an alcoholic, and not perfect, she may still be a caring and loving parent to your child and provide your son with a close-knit home life in association with her mother and sisters. The definition of neglect is very different to what you may imagine is neglect, please see NSPCC whichIt is also highly unlikely you would get a residence order if you are 'technically homeless' in debt, using a foodbank and can't afford to eat. The court will always decide what it thinks is in the best interests of your child, and living in this environment is also far from ideal. You have a good amount of access to your son, which many fathers don't have, therefore I can only suggest you do all you can to continue and build upon this relationship and work to get your own life back under control. This is by far the best course of action you can try to take which will benefit the relationship of both you and your son. Seeking advice for your depression may also help you be able to look more positively towards the future and in turn closely help and be supportive of your son as much as possible.
PP 14/09/2016 at 1:32 pm
My partner would one day like to have his children from his previous relationship living with us full time, something I completely agree with him on. the children stay with us every weekend from Friday after school to Sunday night, during school holidays they stay with us from Wednesday afternoon to Sunday night. Mainly so we can spend more time with them and also so we cant be blasted by the mother for not helping. The mother survives on benefits and cash in hand jobs along with the maintenance we pay her. She has never stayed in the same property for more than 18 months constantly falling out with landlords and getting debts to that address. This was part of the reason for their relationship ending. The kids have stayed with us for months before whilst she was homeless and we managed perfectly well. We both work full time in stable jobs, and have a full support network around us of family and friends. The mother currently has partner on his way out of prison for drugs, known to be a heavy drinker and drug user. He will be living with the children on his release. one of the kids has already expressed his desire to live with us although being young we haven't taken it as gospel. We are making plans for him to spend more time with us though. Based on this what are my partners chances of getting custody so the children will live with us in what we consider a safer more stable environment?
SeparatedDads Editor 14/09/2016 at 9:51 am
I am sorry to hear this. Once you leave your family home and your child you will lose a lot of your parenting rights by immediately becoming the non-resident parent. This will make it more difficult for you to gain custody. By becoming the NRP, your access to your child will then depend upon how your now partner approaches the situation, if she grants it, then fine, but if she refuses then you may have a fight to regain even contact to your child. As it stands now you have equal parenting rights to your child, so, you may not wish to make and hasty decisions and stop to think what is in the best interests of your daughter. Before you leave I would certainly suggest taking legal advice in order to explore your options and which will help answer your questions. I hope this helps.
Isaacsdad 13/09/2016 at 10:26 pm
Hello,
I am a single dad that really wants to get parental responsibility taken away from my ex, and for my 3 yr old son to come and live with me.
My ex is an alcoholic and drinks every day, and even as i write this, she is stumbling about in the kitchen after just coming home from the pub.
She lives in a nice house that is paid for by benefits, she also gets maintenence money from me every month without fail!
Meanwhile I work part time as a school caretaker, and am technically homeless. I am in debt up to my eyeballs and have to use a food bank as i cant afford to eat.
I see my son twice a day, between shifts and again after work.
My son is a very bright and happy boy, but i feel he would have a much better upbringing in my care. His mother is constantly swearing and it really upsets me to hear him copying her disgusting language.
My ex's mother and 2 sisters are extremely helpful, and love him very much. They take him out on trips, provide dinners and drinks, and treat him like a little prince, while his mum uses her free time to either go out drinking with her other alcoholic friends or she will drink at home.
I have recently gone back to work after taking many months off, battling with depression.
Please can you help me?
Dad16 13/09/2016 at 3:39 pm
i'm having thoughts of leaving my partner due to her still being in love with her ex (who she would rather be with instead of myself and has said this but I worry for the safety of our daughter because of the bias of courts).

i'm curious onto how I would gain custody of our 8 week old daughter.
she is on formula so there is no attachment to breast milk.
the mother is mentally unstable and has self harmed on over 20 occasions before, before she became pregnant she was an alcoholic and drug addict. she was in care under a child protection act and was in constant run ins with the police.
I couldn't bare to see my daughter being unsafe with her but do not want social services involved again, due to my partners past social services were involved for the first 7 months of the pregnancy.

my first question - how would I be able to get the proof of these actions?
my second question - how would this fair in court ?
SeparatedDads Editor 07/09/2016 at 11:03 am
Unfortunately, we cannot answer your question as we are a UK-based website with knowledge of UK only family law. You would need to seek legal advice.
Jason 06/09/2016 at 12:41 pm
Hi my ex and I have joint custody of the children. They are supposed to live with her, but she left them with her parents to work in another town. She can apparently not afford to keep them with her. With my child support money she earns about R 20 000. What is the chances of me getting them to come and live with me. I want them to live with me. She wants me to pay her more money then she will take them with her. I already pay R6000 for a 8 and 6 year old. I cannot pay more, but can afford to take them with me.What can I do and what is my chances of getting them
MrConcerned 25/08/2016 at 4:29 pm
I broke up with the mother of my child about 3 years ago. I pay child support etc etc.
I have several concerns.
1. The money I send isn't going on my son. The mother still lives at home and it's her mom who is seemingly paying for things.
2. My ex is unemployed and having breast implants lip implants. This all started a few years back when she had just met a man and within a month her had paid for the surgery and trips abroad (sounds like prostitution to me)).
3. My ex is now with a man more that 30 years older (she is 30) and again he is paying for all these holidays and he is around my son which of course I have serious concerns over.
4. She is rarely with my son as she is always around his house or abroad.
5. I initially wanted custody of my son but my ex just wouldn't listen. Now as her mom is pretty much raising him she is dictating terms of contact etc.
6. My ex is extremely mentally unstable and regularly goes into fits of rage but as far as I am aware hasn't been convicted or been diagnosed with anything despite me suggesting she should get "checked out" for any mental conditions.

Please help
Webbzy92 30/07/2016 at 2:18 am
Hi I need some advice we currently have my partners 2 children as his ex mother of the kids is on the at risk register for neglect and social visits often etc she stopped my partner for 4 years of there life and now March this year she let us see them again but they are very badly dirty and not well kept this week now social have asked her to remove the children to us as her house was that bad dirtiness etc even though they give her 24 hours to clean she didn't do it to the standard they asked. they could not stay but we have now told them as the children are that bad when they visit we won't be taking them home on what grounds or rights now do we have as she has neglected these children for so long and the at risk register isn't something I know is taken lightly we know we can give them a better life but we need to know where we stand we don't want them going home to that not being fed clothed or bathed its pretty sad but she clearly isn't coping she has 4 two are my partners and the other two are with there fathers who are also refusing to send them home also any advice will help thanks
Archangel 29/07/2016 at 2:55 pm
I had been in a relationship with a man " a priest" for 9yrs living like husband and wife,we have a son aged 7yrs.three month ago ,a woman came in claiming that i have snatched his husband and he has 3 children with him.now he has left us behind with nothing after he was found with me.lately,i came to find that the woman is living comfortably,that is have a home and a business whereas living a rental house and am a casual laborer.my son is in class 1.i cant afford rent and school fees because my husband was taking care of everything.what step am i supposed to take for my ex to take the responsibility of a child?
SeparatedDads Editor 19/07/2016 at 2:20 pm
Your ex partner does not have to give you her address, if she chooses not to.
Wizard2k 16/07/2016 at 7:33 pm
Hi my ex partner and I have recently gone through court to get a order for me to see my child this order includes for me to pick my daughter up and return her to the mothers residence however she has decided her life now is in Birmingham which I don't mind has she has never stopped me seeing my daughter but has refused to give me her address is she allowed to to that as I currently have to meet her at a certain place
Leec 18/06/2016 at 10:19 pm
Hi there I need some advice. My ex partner and I have a 10 month old girl and have recently split. She allows me to see my daughter but only when she is present. Do I have any rights to be able to have my daughter on my own and to stay over at mine.

It is extremely frustrating that I don't have any quality time on my own with her.

I looknow forward to your response.
SeparatedDads Editor 14/06/2016 at 2:37 pm
Please see link: here which should help you further. However, it is never a good idea to keep your children without your ex's consent as this can backfire.
Tachuela 13/06/2016 at 10:31 pm
I would like to know if I can take the custody of my Children from my ex-wife, I have a 15 year old, an 11 year old both boys and 1 little girl who is 8 years old.
My current situation is that the mother never take care of their needs as she's supposed to, she does not wash their cloths, she doesn't cook, she's always in doctor's appointments, she wants to force my kids to go to Church which is nothing wrong with that except the way she's handling it, yesterday she spanked my 11 year old because he refused to give up his cell phone, she want it to take it because he did not want to go to Church, this morning my kids called and told me that they have no food and that they only ate popcorn all day, this is something that is happening since I was married to her however my kids did not suffer because I was there, she es Bipolar (Diagnosed by a Doctor) and have this moments where she only wants to be in bed while the kids are in the living room without anyone to take care of them. Please help me I'm desperate about this situation. Thank you I need legal advise before I proceed.
thiza 10/06/2016 at 5:54 pm
I want to have a full custody of my son. He's 9 years old man. His mother is staying here in bloemfontein with her partner. My son is staying with her parents at the village. I'm also staying with my finance and planning to get married son and we have no kids together. The family of my sons mother refuses to let me see or do anything for my son.I'm not allowed to see him nd no one can give me a valied explanation. I just wanna be the father to him and see to his everydays needs but I can't. How do I go about applying for the fully custody or taking care of him permanently? Please advice. This is killing me. Kind regards
SeparatedDads Editor 08/06/2016 at 10:29 am
It is very rare that a court will change the residency of a child from one parent to another unless absolutely necessary. Therefore, if your possibly soon to be ex becomes the primary carer of your child, then it is likely this arrangement will continue. You have a couple of options; either you can agree with your ex mutally that you will become the primary carer/resident parent of your child. Or you could agree with your partner that you both share the care of your child. If you cannot agree between yourselves then you should either suggest mediation in order to sort the matter out, and if your partner refuses, or mediation fails, then you would have the option to take the matter to court.
Danny 07/06/2016 at 11:46 am
Hi I'm leaving my partner because her attitude changes from day to day. We have a six month old daughter and I wanted full custody of her because I've seen the way she is with the oldest two children that she has got. She can be very nasty to the oldest one. And with me working six days a week I can't be here to see what she does. She would rather be on her mobile phone and watching telly rather than communicating and playing with the children. If I was granted full custody I would live with my mom and dad/ my six month old daughters grand parents. If you could give me advise I'd appreciate it. Thank you
Harris 03/06/2016 at 12:04 pm
My wife is always arguing with my daughter and hitting he, she can't even provide her basic needs, she live with my parents who provide everything. I work in London and I am calling them over in July to stay with me but I don't think we will be able to stay together as my wife is mentally hurting my daughter and saying all no good things to her. My daughter has lost weight and is mentally stressed out she is only 7.

I wanted to know what legal action I could take?
Max 31/05/2016 at 10:36 am
Hi, my wife has full custody of my son, but my mother and i look after my son as she has full time job. She only look after him 1 - 2 days a week, could you please advise how i can produce evidence to make a case against her.
SeparatedDads Editor 27/05/2016 at 2:04 pm
If your partner and you have his son for the majority of the week then there is nothing stopping you applying for a child arrangement order for his son to determine who the child shall live with, given you already have what is essentially shared care. If you were awarded this, then the mother would be given a contact order in much the same way as she has now. The courts will always act on what it thinks in the best interest of the child, but that also doesn't mean stopping his son from seeing his mother. The fact he is overweight and may have other issues will not be the priority of the court, but his personal relationships with other members of his family and keeping those relationships stable and consistent will.
Laurie 26/05/2016 at 7:34 pm
My partner is considering petitioning the courts for parental responsibility and a residency order for his son, I am fortunate enough that I was able to do this when I separated from my children's father a few years ago but I want to be sure that by us doing this it will not affect the access he already has with his son. At the moment he lives with us 4 nights a week and the remainder of the week is spent with his mother. We have him for every school holiday and Xmas etc during this time his mother does not ever even attempt to make contact with him. As much as we are happy for his mother to have access to see him she is extremely unreasonable when discussing the best interests of her son. For example he is extremely overweight and as much as we have all changed how we eat at home his mother refuses to address what she feeds him which prevents us making much progress. I also suspect hat he has other issues which need to be examined, he displays a lot of the characteristics of a child with FAS, his mother was always and still is a heavy drinker... The ADHD part of his personality we can cope fine with at home however his developmental issues have now started to affect his progress in school. The fact again that his mother refuses to accept there is any issue which needs to be examined means we are unable to have him diagnosed and properly supported (my partners other child had quite severe emotional scars due to her relationship with her mother and had been referred to CAMHS regularly throughout her childhood.) the only reason we have not already applied for custody is because we know that it is highly unlikely that fathers are awarded custody unless it's in an extreme situation. Please can you give me some advice on what we can or should do in this situation. Thank you.
SeparatedDads Editor 26/05/2016 at 12:45 pm
I am sorry to hear this. You don't say whether you have a court order to see your children, or not. If you have a court order, then you can take this matter back to court to have the order enforced. If you don't have a court order, then you would have to take the matter to court and apply for access. Please see link: When Your Ex-Partner Denies You Access, here which applies to both mothers and fathers. You would have to go through the motions laid out in the article.
Freedom2016 21/05/2016 at 11:09 am
Hi I'm currently been with my partner for 4 years now I we have 5 children 3 are not mine and 2 are!! I really don't want to be with her anymore because of drug abuse and the fact she thinks nothing about her self I don't really have any accomadation To go too with the children so am I stuck with this women because that's what it feels like :(
DAD 20/05/2016 at 9:36 pm
Hi I was just granted custody of my daughter from her mother. Our daughter has lived with her mom all of her life except while we were together. Our daughter is almost 5 by the way. My question is...Now that I have custody how do I go about actually taking physical custody of our daughter since mom is not going to just drop her off to me?
SeparatedDads Editor 20/05/2016 at 11:30 am
I'm afraid this is a difficult question to answer as much will depend on what Cafcass advises in its report, please see article: What Goes into the Cafcass Family Report? here . It is highly unlikely the court would award your ex custody of a child that is not his. The court will always rule on what is in the best interests of your children and stability and consistency is of paramount importance. The court will also only move a child from a resident parent to a non-resident parent if considered absolutely necessary. If your children are considered 'happy' then it is unlikely the courts will rule to move them from you and hand them over to your ex.
Chris 19/05/2016 at 2:49 pm
My ex husband is taking me to court over our 6yo son and 11yo daughter (daughter is not his) my children are on the child protection act list,due to my eldest (14yo) being attacked by her ex boyfriend. I have drank in the past but now don't, the children are happy and looked after with no concerns. He was violent but i never reported it. He also had me attacked (something i can not prove) and has told general lies. Due to him spiking me and me having a melt down last year,my health has suffered. I'm better now and have support from my current partner. The children are more than happy and safe with me, where do i stand?
SeparatedDads Editor 11/05/2016 at 1:48 pm
I'm afraid we cannot predict what chances you have of gaining a child arrangement order. However, the courts usually adhere to the Cafcass Report, so whatever Cafcass recommends, the court will listen to, please see link: What Goes into the Cafcass Family Report? here. I hope this helps.
Kurt25layton 10/05/2016 at 5:42 pm
Hi Iam going to court to get a residence order I've not stop his mother from seeing him but she's only bin once in the last 3weeks for an hour ano his mother use to leave my son with how ever so she could do her own thing left him were he's burnt. His arm n is struggling now she had my son with two other childern and one on the way what's my chances of me getting this as ATM she has bin threating kill her self if she don't get her own way but has put no effort in to see my son since I've kept him until this gets sorted thanks
SeparatedDads Editor 10/05/2016 at 2:22 pm
I suggest in this instance you seek legal advice. She may wish to leave the children with family should this be the case. However, if you have Parental Responsibility and are against this, then you will have a say regarding what should happen to your children in their mother's absence.
Kept in the dark 09/05/2016 at 11:05 pm
Hi my ex partner has custody of our children. I've recently found out my ex may be facing a custodial sentence. She is refusing to admit to me what is actually going on. If she goes to prison can she leave the kids in someone else's care with out my consent? And what would I need to do to take custody of the children.
Proudmummy_astar 28/04/2016 at 11:51 am
I broke up with my daughters father almost 4 years ago straight after she was born. He was always in and out of prison and always for violence. I decided against putting his name on the birth certificate but I've never stopped him from spending as much time as he wants with her. Even though I don't get on with his new partner, I still don't interfere on his time. On average, he has her 2-3 nights a week. Recently he has become very bossy and controlling. He keeps her for as many days as he wants, he won't let me speak to her and he questions/insults my parenting. He wants to take her on holiday in July and I am opposed to it. My reasons being that he has been arrested twice for beating up his new partner. One arrest resulted in him being locked up for 5months before the charges were dropped. Although he has only been arrested as charges are always dropped. I have said she can't go but her dad is threatening to harm me if I don't hand over her passport. I am fearful that if I go to the police with no evidence of the threat, it will cause worse problems.

Legally he can't take her without my permission, so what would be the best course of action? Should I give him the passport and have him arrested at the airport? Should I have the police waiting for him on arrival to pick her up and the passport?

Please help. Thanks!
SeparatedDads Editor 13/04/2016 at 2:31 pm
It is unlikely your partner's ex would be granted custody if the children have been removed from her. The court will always rule what is in the best interests of the children and stability and consistency in the home environment is one of the most important aspects.
tally 12/04/2016 at 9:08 pm
My partner has just got custody of his children. The mother had been putting the kids at risk withher partner who assaulted her eldest daughter. The mother has every other weekend visits and has stopped seeing one child completely and didn't even wish him happy birthday. She is fast to accuse us of not doing something eg letting her know that one of the kids was sick ( even though she didn't let us know the week before) she has threatened to Take him back to court and says she would win. How likely is that?
SeparatedDads Editor 07/04/2016 at 1:50 pm
I'm afraid we cannot say how successful your court application may be, but the quicker you address it the better as the longer your son is living at his grandmother's house, the less likely the courts will be willing to disrupt this arrangement, if he seems settled. However, as you are your son's father you stand an equally good chance of being given residency of your son. The court will assess what input you have in your son's life, the age of your son (if he is over 10/11 he wil be allowed to have a preference of where he wishes to live), accessibility of his school etc, and your ability to care for your son on a day-to-day basis. The courts will want the least disruption to your son's life possible and will rule what it thinks is in your child's best interests which is impossible to predict. I can only suggest you seek some legal advice in order to explore your options.
Dave 06/04/2016 at 10:48 pm
I received a call from social services explaining of a situation regarding my child's mother who has custody that her partner was having voices telling him to harm my child and her, a situation I was kept in the dark about! I was only informed as the school had figured I wasn't told, as previously had issues with the mother informing me important school related info explained it to the teacher and have them my number for regular updates! The mothers mother took my child out of her home because of this, id started to grow suspicious that he was living there or there unusually frequently already! The agreement between social services and her is that her partner can be nowhere near or have contact with my child, as to which she pretty much leaves him at her mothers, basically so she can see him at the house without breaching that agreement... Basically he lives with the nana! The mother is on my opinion unstable sand the child protection have been 'assessing her abilities to be a mother' . Obviously I'm going to go for full custody, I believe the grandparents will try against me, what are the laws, best options and likeness to be successful?
SeparatedDads Editor 01/04/2016 at 12:29 pm
You would need consent from his mother as she has Parental Responsibility. If your ex's mother refuses, then you would have to apply through the courts.
Big man 31/03/2016 at 7:37 pm
I've had full custody of my son for over 2 years now. And I won't to move away and start a new life with him can I move without his mums permission
SeparatedDads Editor 31/03/2016 at 11:47 am
If you have a family based arrangement then you can see how much you should be paying via whichYou don't say how old your child is, but if he is over the age of 11 his opinion will be taken into consideration if you apply for a residence order through the courts. You would first have to suggest mediation to your ex, if she won't agree to your son spending more time with you, then you would have to take the matter to court. While it is rare that a court will take a child from a resident parent and give residency to a non-resident parent without good reason, it will take your son's opinion into consideration if he is old enough to be able to justify his reasons. However, the court will still decide upon what 'it' thinks is in the best interests of your child.
Colin nicholl 30/03/2016 at 8:27 am
My ex moved 40 miles from me with son and now i only see him every 2nd weekend. I pay her 150 per month but she demands more all the time. She has quit her job as her new man is rich. My son feels he is in the road and worried when they have a new baby he will be pushed aside. They never do anything with him. He has put on loads of weight and i get pulled up by her if i dont take him out when i see him. His mother only sees negative in him and is always moaning to me about his attitude but he is fine when with me. He said his head is about to burst. She has not reg him with a doctor and dentist yet in new area and when i aak hee i am hung up on.
Manny 28/03/2016 at 1:55 pm
My wife has been having numerous affairs to the extent of her leaving my daughter alone in while she slipped out to meet different men, I have prufe on watsap and my daughter also aknowledges her absence whilst getting up at night to find her mom gone, the child would count cards until her mom returns after an hour or two, how will this stand in court
Kev 25/03/2016 at 7:39 am
Hi,

I've been separated from my ex for almost 3 years now and we have a 5 year old daughter together... She's recently asking me if I'd be prepared to take on my daughter full time. I now have a new partner and a one year old daughter and we get married in 6 weeks. Where do we stand with changing my eldest daughters residency so that she lives with us? We live 20 miles from her at the moment so she will have to change schools as well as the environment she is in at home. She's admitted to me and her mum that she's not happy at home and she's passed backwards and forwards between 2-3 different houses when she's in her mums care due to her mum working a lot whereas when she's with me she stays in one place. Will a court deny a change in residency even if my daughter admits she isn't happy with her mam and her mam herself has asked if we'd be prepared to take her on??

Thanks
SeparatedDads Editor 17/03/2016 at 1:54 pm
I can't predict what the courts may decide with regards to visitation. However, the liklihood of him gaining custody is highly unlikely. The courts will always decide what it thinks is in the best interests of your child and stability and consistency is very important - therefore to take a child from a resident-parent and hand her to a non-resident parent is never done, unless there is a very good reason why the court thinks this should be so.
Sharon 17/03/2016 at 2:28 am
I have sole custody of my two girls since September. Reason for my youngest picked
Up a bag of heroine off the floor that fell out of her fathers pocket. He was on the run for 7 months didn't cooperate with Dyfs or the courts. Finally after getting raided by police and serving a week and a half in jail then remarried his ex wife. He contacts Dyfs for the first time in 7 months and wants to file for custody. My oldest daughter is struggling in counseling and seeing therapists.
Has been in crisis. What's his chances of getting any kind of custody or visitation?
SeparatedDads Editor 09/03/2016 at 11:27 am
Unfortunately, we cannot anticipate what a court may decide, However, the courts will always decide what is in the best interests of your children, and if the court deems your ex unsuitable, it won't place your children in his care.
Denise 08/03/2016 at 8:32 am
Hi my son's is in foster care. 12 and 8 for 3 mths now. The take them because I leave the 8 yr old at home and went work. My home is not in danger they were food drink and water. Cause he wasn't feeling well. No temperature just wasn't well. It's section 20 there under. Now they dad come forward saying he want full custody of them. I went through yrs of domestic violence wid him and he have criminal records. Can he get full custody of my boys
SeparatedDads Editor 01/03/2016 at 12:34 pm
If you are genuinely concerned, you can get a check on your ex's background However, if you get on with your ex, then the best thing to do is to talk about it with her and ask whether you can have your son at the times when her partner has him. It is very unusual that the courts will take a child from a loving parent and hand the child over to the non-resident parent, unless absolutely necessary. Mediation may be another option to consider and one which you would have to seek before the court will let you apply for a court order, please see link: here. I hope this helps.
P.D. 29/02/2016 at 2:19 pm
Hi,
I would like to look at full time custody for my son. He is with his mum full time but she leaves him with a new partner when she goes to work or out with friends, I am generally concerned as sometimes he does not want to go home either. Do I have a case here as she is generally I guess a safe and caring mum, so i dont have much to go off other then I am his dad and want to have him in what I believe to be my safer care.
Plus how do I know what background this man has.
SeparatedDads Editor 26/02/2016 at 3:09 pm
It is difficult to predict what a court may decide. Please see link: Applying for Custody: Court Procedure here which will tell you what the courts take into consideration when applying. It is obviously better if you can decide care between you or via Mediation.
SeparatedDads Editor 26/02/2016 at 3:03 pm
I'm afraid it is impossible to predict what a court of law may decide, but it is unlikely the court would hand over the children to the non-resident parent unless the court thought it was in the childrens' best interests to make the change. which tells you what the court takes into consideration when making a decision. Perhaps you could suggest Mediation to your ex and see if he would consent to more overnight stays.
Alex 25/02/2016 at 10:21 pm
Where do I stand please? I wanted to divorce my wife of 5 yrs, we have a 2 yr old. She has a history of binge drinking and has repeatedly drank when looking after our child while I am at work. I have become very concerned for our child's safety if I were to leave them with her. Would I get custody?
ned 25/02/2016 at 9:58 pm
I have been a stay at home dad for the first 2 years of my child's life. I am now wanting to break up with the mother. Can I get custody as my child? My child is use to being with me daily and this would be upsetting for my child if I was removed.
lill 25/02/2016 at 9:03 pm
I have two sons 1 and 2 years old I have broke up with their dad but I always worked full time and he stayed at home with the children when we broke up cause it was my chose I went and lived with my dad and the boys stayed with they father who lives with his mom and dad .I also now on Antidepressants as I have found it very hard not living and seeing my babies every day .my question is if I was to go to court work I have a chase of having them live with me full time ?
SeparatedDads Editor 24/02/2016 at 12:43 pm
You don't say how old your children are, but if any are over age 11, then they will be asked their opinion regarding where they wish to live if Cafcass gets involved. You may also be able to apply for shared care of your children. However, you may wish to seek legal advice regarding this and much depends on previous circumstances and whether your solicitor thinks you may have a case. When applying for custody or shared care the courts will take into account specific considerations, which can be found listed in the article here. If you cannot afford full legal fees because you are not working then you can self-litigate, I hope this helps.
loving mother 23/02/2016 at 1:26 pm
Hi im just wondering if you think i could get full custady of my children again..... i had a breakdown 3 years ago after my childrens father walked out and left me pregnant with my 4th child he didnt c the kids for a year and a half then wen i had my breakdown he got full custody....i took 6 months out to get my health back on track then went back to court after 2 years of him not complying with the court orders im now having contact the kids always want to come home with me and wernt strange 1 bit when they seen me i would live them home but because they are using my mental health i dont no weather ill get them even joint custady if not full iv fone all the work they wanted me ti do and more feeling abit lost
SeparatedDads Editor 17/02/2016 at 2:30 pm
Your partner as every right to apply for access to his child. Please see link: When Your Ex-Partner Denies You Access, here. While he can request that the court allows him access at home, I cannot speculate whether he would be awarded this, it would be up to the court to decide on what it feels is in the best interests of the child.
Confused 17/02/2016 at 2:17 am
Has anyone had or has a bloke that has a jealous ex girlfriend but they both have a kid together , Have been together over 2 years now and the mother says the child isn’t aloud anywhere near me. Not even to know who I am to the child I’m classed as daddys friend if we bump into each other in straight and my partner is with he’s child for weekend.
Every other weekend he has to go to he’s mothers and have he’s child for weekend We have a new born baby together an my partner first born is unaware that he has a baby brother due to he’s mum not wanting him to know about us. If we was to take it all to court would they stand next to the dad and allow the child be able to see him at Mine and my partners home and for all court letters to come here
SeparatedDads Editor 15/02/2016 at 12:59 pm
I can only suggest you seek legal advice regarding this issue due to the complexity of yours and your ex's international situation.
G 14/02/2016 at 11:11 pm
My American wife and I separated August 2015, she went back to her mothers house ( I don't know where that is). Our 6 yr old daughter remains with me and has a normal loving life understanding that mum lives in America now. She has had no contact with our daughter since September, and only two texts to me saying she wants me to pay for a divorce. How can I apply for sole custody as any application would be without her input as I don't know where she lives. In the texts she says she gives up all claim to our daughter but that won't count for anything as its unsubstantiated. I want to be able to take responsibility for decisions about my daughter and obtain a passport to take her on holiday. Thanks
SeparatedDads Editor 12/02/2016 at 3:09 pm
It is a tricky question to answer as we cannot predict what a court may decide. However, it is unlikely you would gain custody of your non-biological children. I suggest you seek some legal advice.
Jay 12/02/2016 at 9:48 am
I've been in a relationship now with my partner for 3 years.
I met her knowing she had a 4 year old and 6 month old. Their biological father is a known convict for burglaries and heroine abuse. He has no rights to them.however they were together for 7 years.
However I am their dad and have had their names changed.
I have now got a two year old with her, to which she suffered post natal depression with forcing me to lose my job to be there for the three kids.
My partner used to be addicted to drugs but now works full time while I look after the three children. From waking up in the night to school runs to cooking dinner.
My partner often has mood swings and threatens to leave me and ensure I'd have minimum access to the children if I donot give in to her control.
Personally I would have my daughter and still look after the other two while she is at work, but chances of.that would be slim.
She isn't the worse mum but she is far from a loving compassionate mom.

Where do I stand?
sk 11/02/2016 at 9:40 am
I have a problem im looking after my child but the problem is the mother of the child she doesn't want to come so that we will do a birth certificate of a child she's refusing the most problem is that the child need to register at school what must i do .
Thanks
SeparatedDads Editor 10/02/2016 at 9:57 am
Much depends on whether your partner puts your name on the birth certificate. If she does, it means you will have Parental Responsibility from birth. If she doesn't, then you will have to start the process of applying through the courts. Whether she puts your name on is up to her, please see link: What Rights do I have if I'm not on the Birth Certificate, here. I would advise doing as much reading on the subject as you can, especially if you feel your partner may push you out, as it will help you prepare for any eventualities that may happen. As far as custody is concerened, I have included another link here which highlights what the courts take into consideration when making the decision over who your child should live with. In the meantime, the best course of action you can take is to be there for your partner and child and hope that your family life calms down and you can play a positive part in both your partner's and child's life. I hope this helps.
tel 09/02/2016 at 2:28 pm
My partner had 2 kids from two previous relationships and both kids were taken from her she's 8 months pregnant with my kid now but things are really rocky she's so moody and gets so childish when my son will be born I have a strong feeling g that she will never cope if I'm not around to help out as she will push me out completely where do I stand on getting fully custody for my child knowing she's had two taken away on two previous occasions plz help with some advice
xgirl76 23/01/2016 at 7:53 pm
Can depression be used as emotionally damaging to the kids?.. I have agreed my ex will have my kids when we split so I can get my situation sorted and I'm getting kids back after . Been told the relationship is affecting the kids as well as myself so no choice than to leave and I don't want to be parted from my daughter as she's a baby of 6 years it hurts thinking about it. Dont want her to be subjected to my unhappiness and will contact them regularly . Nothing but resentment with relationship on both sides so staying is not a wise move. When I'm sorted how do I go about getting them back?
Grandma 22/01/2016 at 8:17 pm
My son has sole custody of his children has done for past three years due to mothers drug habbit children havnt seen her for years she never showed up at the beggining when she had the chance to go to pre arranged supervised visits as long as she had a drug test speaks for it self why she didn't show up . We since heard she want to see her girls now she's clean got a job still bk living with her parents the children dnt want to see her they can't even remember her if she goes to court what is the Lickly outcome for the children does the judge take into consideration what the children want an does the mother have any rights beens the father has sole custody thanks
SeparatedDads Editor 22/01/2016 at 1:47 pm
As specified in the article, the important fact to remember is that, in the majority of cases, the father will not be granted custody of the child by the courts. If your ex doesn't consent to you having custody, then the courts would decide what is in the best welfare of your child, and if there is no strong reason for the courts to remove the child from the mother, then they will not. Please see link: Applying for Custody: Court Procedure, here which shows a list of what the courts base their decisions upon.
tom 21/01/2016 at 10:15 pm
Me and my daughter mother keep having arguments. We always at each other throats, whenever this happen we don't speak. This then leave me feeling i can't just go round to the house to see my daughter..she's a independent working mother who looks after her home and also my daughter she doesn't call or text me she doesn't ask me for anything. Could i win custody of my daughter so that she lives with me rather than her... I'm studying in university and I travel 3 4 time for the year... my daughters is only 5 months would i be able to make her live with me and the mother be the one to visit.oo
Sad father 02/01/2016 at 7:16 pm
I have a 5 year old and 2 year I love both kids I do all the kids jobs goes to all the hospital appointments.. Even stayed at the hospital with my son.. My wife hits the kids I say don't and try to clarm them down after wards I have never hit my kids.. Now we are going to court as she wants sole custody what can I do to get sole custody
Ann 27/12/2015 at 12:09 am
I am currently 39 weeks pregnant and asked my partner to leave my flat due to arguments. I feel trapped in a relationship with him and told him three months ago it was over. He took it bad said I was the one who has runied everything I wont see my son he will take him away from me because I suffer with depression and aniexty of which I have cbt for. He scares me is manipulative and recently said lets see how it goes bit I know I dont want this. Ive askrd him to leave its my flat and my name is the sole tennant. He has been done for fraud in the past and I want out of the relationship as this is sll he does. I feel I cant get him out whst are my rihts. Hes threatened to take my son wonce hes born away from me if I chuck him out
just me 22/12/2015 at 8:32 am
Stablity vs a mother that now lives 160 miles away

What do you think my chances are

i allow regular contact such as video calls most nights

and she comes visits them when she can afford too... today will be her 4th visit with the kids since july

Im worried as hell that when it does go to court she will win the kids back

i have my lil girl in full time school and my boy goes to nursery 5days aweek eevn though its not mandatory

i have social serivces invovment since she put the kids at by breaking into the house in august too and have see me plus i welcomed a famliy support officer too
to stick her nose in also

just really worried that my efforts some how still wont out weight the mother
my boy is 3 and very attached to me and my lil girl has always been by my side

shes 5 in jan

not sure when courts going to be but ive done all i can to play by the book and have had to jump a lot of hurdles to get this far

thoughts on this matter

p.s guys keep up the good work decent to know use guys have somewhere to turn too your time and and efforts are much appreciated
SeparatedDads Editor 18/12/2015 at 11:04 am
It is obviously your choice. Some dads prefer a solicitor to represent them, others prefer to have their own say and prepare their own cases as it gives them more control. Representing yourself can work very well and a lot of fathers have seen success doing it this way by preparing their cases well. The Bar Council offers excellent guidance via whichRemeber, the courts to want to make sure that it has all the details and information it needs, the last thing a judge wants is a waste of the court's time. The court is not a place for a slanging match and all a judge wants to work and make a decision upon is what is in the best interests of the child/children. Plus, representing yourself cuts court costs drastically. I hope this helps.
andy1r 17/12/2015 at 1:10 pm
really quick question....
have just been on fathers for justice site and they recommend that you do not use a solicitor but represent yourself, is that the better option and if so how do I go about it
thanks
SeparatedDads Editor 14/12/2015 at 11:01 am
Regardless of whether your ex is busy, with work/university does not mean your child is being neglected or not cared for properly (many lone resident-parents have to work full-time and beyond). It is unusual for the courts to decide to remove a child from one parent and hand him/her over to another unless necessary. The fact you are having your child more, means that you can work alongside your ex amicably in order to try to give your child the best possible care and perhaps work towards agreed shared-care of your daughter. If you decide to take the court route, it can be very stressful and upsetting for both you, your ex and your daughter, and destroy trust between parents. However, if you are concerned and can't work issues out between you and your ex, mediation is advised first.
Smee 11/12/2015 at 8:28 pm
I have a 5 year old daughter who I would like to have full custody of, how am I supposed to go about it? The mother is too busy with her job and university work to look after the child and she is left with various people most days and is always asking me for extra days and times to have her when that isn't what we agreed, this has only started when she started going to university.
Krisbo 07/12/2015 at 8:08 pm
I have recently separated from my partner. I have 2 boys, 1 of which I am the biological father (11months) and 1 who is 7yoa. Our relationship has deteriorated over the last 6months and we have now separated. She is in temp accommodation with both kids! Thing is, I left of my own accord due to heated arguments and provoking behaviour. I have went 10days now and have had NO contact what so ever! No phone calls and not as much as a text to say the boys are fine. I have no addictions, don't drink alcohol and only want what's best for ma boys. To add to this, she has 'i think' BPD (Borderline Personality Dissorder) and the more I analyse, the more clear it is that she has this. (CPN's and psychiatric pros have been recalled as this is a relapse) Myself, my family and her own mother strongly agree! Everything she does is for her benifit/satisfaction, not what's best for the kids. I fear for their safety as she is also medicated. Also, my 7yo is a total product of her manipulation techniques and is a part time babysitter for his 11 month old brother! Personally I don't deem that as safe enough. What do I do to make people realise how 'high risk' this is?! And how important it is that the boys are back in the care of the 'sole carer' and surrounded by a safe environment? (Which is important for there future)
SeparatedDads Editor 07/12/2015 at 2:19 pm
It is rare that a court would take a child from the resident-parent and give it over to live with the non-resident parent. To do this the court would have to have a very good reason. The fact you have other children will make no difference to any court decision. If you feel threatened by his speech, and you think he may try to keep your child and not give your baby back (if he has parental responsibility) you could seek a residence order through the courts which would guarantee your status for having sole custody
boss 06/12/2015 at 2:17 am
Question just had a baby 3mths ago the father and I been seeing each still but we don't live together just wondering we been having our ups and down he drinks every night sometimes it one or three but weekends it till he nearly pass out he reckons the court will give him the baby coz I have other kids my oldest is 18yr which she has lefted home and some weekends he smoke drugs as well
SeparatedDads Editor 01/12/2015 at 2:43 pm
I'm afraid we couldn't predict what may happen in the courts. Your ex's concern is understandable, but it does not mean he will gain residency. Much will depend what goes into the reports and what the courts deem is in the best interests of your child.
Alana 30/11/2015 at 7:50 pm
My new partner has a past in domestic abuse and violence, he's only been out for 9 months but has completely turned his life around in every aspect. My 16 month old daughter recently got introduced to him but her father has gone mental about it. We're currently going through the courts doing risk assessments and reports to see if my new partner is deemed a risk, baring in mind he has never been violent around or done anything to hurt children. All other details aside, if he isn't seen as a risk in the judges eyes, my ex said he still won't stand for me being in this relationship and will go for full custody. Could he still be granted full custody if all the social services reports and assessments are clear and risk free?
SeparatedDads Editor 20/11/2015 at 10:23 am
You can apply for a Prohibited Steps Order through the courts. 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. If the court finds that there are grounds to suspect the parent in question may take their child out of the area, then they may specify in the order that they do not do so. Failure to comply with this order is a criminal offence (often charged as kidnapping) and could result in a custodial sentence. However, please keep in mind there is no guarantee he will be awarded this, as if his ex can prove she has good reason for wishing to leave the area, such as a new job or family reasons, then she may also be permitted to do so and he would have to negotiate access on the back of this.
Cleodora 19/11/2015 at 12:41 pm
I have a friend who is in a unhappy relationship and he want to leave his current partner. She has made threats that she would take his 3 year old daughter away from him and he won't ever see her. I feel this would end up going to court and I wanted some advice for him and how to go forward with this. Is there any way she canbe stopped taking her away. Would really appreciate some advice. Thanks.
SeparatedDads Editor 03/11/2015 at 12:14 pm
As sad as it is, I'm afraid there is little you can do to force a non-resident parent to see their children, if that's what they choose. You would need to speak with Cafcass directly and it will advice on the best course of action.
Hippymonk 02/11/2015 at 1:14 pm
Hi. I have the children living with me 2 boys, and i am trying to arrange visitation with their mother. She now lives over 100 miles away from us and has not seen the children for just over a month. She says she wants to see them but can not afford to visit even though i have offered to pay her petrol. She refused mediation and i have had to start a court case to make everything legal. She now says that she works 3 weekends a month but myself and the children do not belive her. Can cafcass, my solicitor or the courts look into this to see if it us true or if she is just making excuses as to not see the children? as they really want to know. Many thanks.
SeparatedDads Editor 28/10/2015 at 2:05 pm
There is no point where it is binding unless you take it through the courts. Mediation will facilitate the agreement, which will be put before the courts, if you wish the agreement to be made legally official. While any agreement made through mediation without it going to court, will not be legally binding, it does set a framework of documentation showing that your ex has agreed, which if she decided to change her mind, would be on record for the courts.
Confused by law 27/10/2015 at 4:11 pm
After months of negotiating spending time with my kids whilst waiting for mediation, my ex now insists that she's had enough of it all and wants to sign residency of the children to me in the upcoming mediation. Me and my partner are more than happy to have the kids permanently and will obviously make the arrangements for their care and accommodation although these will be major changes that affect our jobs and housing situation. My question is, can she change her mind at any point and have them back or is there a definite point where it is binding?
Ray 03/10/2015 at 5:51 pm
I have a daughter with someone I am not married to. I have been seeing my daughter every week for the last year since she was born and paying maintenance every month at an amount requested by her. I started taking cocaine again after nearly 5 years of sobriety in April. I went into rehab a month ago and am now clean again. The mother will only allow me very limited contact (this has always been the case) she wishes to reduce the contact I had previous down to once a month as she said she doesn't want her daughter getting too attached in case I relapse. She won't allow me to be put on the birth certificate (I understand that I can apply to the courts for this but obviously worried it may be denied because of my previous drug use). She will not allow me to see my daughter unless supervised by her or her parents at her house. I feel anxious about going to their house because of the agressive nature of her current boyfriend towards me and who seems to think he is now my daughters father. I understand that I have broken trust in the relationship between me and her mother and her family. Please does any one have advice in how I can move forward to having more time with my daughter than just once a month at her mothers house.
Maisam 27/09/2015 at 10:16 am
I am living in uk from last 9 years. I was married to someone I got spouse visa after separating I withdraw sponsorship then I divorced her. I have a daughter who's almost 5 years old. My x wife don't allow me to see her coz she don't want this. And she claims that I'm a bad person, Which I am not. She has taken prohibited step orders against me saying that I have thretend her for life. Which is again wrong.
I want the full custody of my daughter one of the solicitors I met told me that I can have 50% custody if I live near by and if I can take care of baby. (I'm married again and my wife lives with me) I live about 3 miles away from my ex's place. Is it Wright that I can have 50% of custody ?
SeparatedDads Editor 21/09/2015 at 12:18 pm
I am sorry to hear this. Perhaps you could visit the doctors with her, or go an ask your GP to advise what to do under the circumstances. This is something that obviously needs addressing and I have included a Rethink Mental Illness: 'supporting someone with a mental illness', link here which also asks the question: 'how do I encourage the person I care for to get treatment?' I cannot say whether you would get residency of your child. Therefore, if you are worried then you will first need to tackle the issues of your partner, as there is no guarantee that if it went to court you would be granted the order to become the main carer of your son. I hope this helps.
Stillalive 20/09/2015 at 1:07 pm
Hi There,
I am currently married to my partner who has borderline, and pulls her hair out..She isn't on any medication, I have asked her to please see the doctor. She went last week, but I am worried that she didn't tell them correctly. She sees her self as normal.Her family has disowned her, and mine now have too.. She had a bad mental moment last weekend...And I have a 2,5 year old with her.. He is seeing this happen...It breaks my heart. Life is extremely hard with her.I have tried and tired to make it work for the sake of my son. But I am worried for his mental upbringing around her, and its harder that she doesn't understand what she is doing wrong. And every time she explodes, everything must be forgotten 5 minutes after and carry on like "normal"... Reason me writing on this blog is, I am thinking about getting a divorce as I cannot handle this anymore and I am diabetic so this is effecting me there... I would like to know what are my rights, and would I be able to get full custody ?.... We have just recently moved over to Uk.

Thank you.
SeparatedDads Editor 15/09/2015 at 12:07 pm
If you wish to apply for custody then you would have to do so through the courts. If you cannot trace your daughter then you can apply via the form C4, which is an application for an order for disclosure of a child's whereabouts. The courts do not have to divulge the address of your ex and child, they can keep it confidential. However, it will allow you to apply for contact/custody.
SeparatedDads Editor 15/09/2015 at 10:43 am
If the father isn't on the birth certificate, then he does not have Parental Responsibility, which means he has no official rights to the welfare and upbringing of your child. Therefore, you do not have to grant him access, as you naturally have custody. However, please be aware that he could take the matter to court in order to apply for Parental Responsibility. If you do not wish him to have PR, then you would have to prove why he shouldn't. Please see link Your Separated Father's Rights, here which will explain more about your ex's rights.
harry 14/09/2015 at 12:16 pm
I am married to a UK national nd have5 years old daughter living with her in UK.my spouse is very short tempered nd drug addict.She often abused me nd my family in india.she withdrew her sponsorship from my spouse visa application.All of a sudden she has disappeared from all social networks.I am very much worried for my daughter.I want custody of my daughter coz i knw my wife is very rude, ruthless nd careless.she cant take care of herself.i dont knw wats happening to my lil child.i tried hard to locate her but all in vain.can anyone advice me how should i get hold if my daughter..many thanks.
Shayxox 14/09/2015 at 5:38 am
Hello my babies dad isn't on birth certificate and I've got evidence that he takes cocaine and weed I want sole custody of my baby because I don't want her around that any advice
Ken 02/09/2015 at 11:11 pm
My wife has a violent temper and constantly shouts and beats my 6 year old daughter and me especially when she's tired. I think shouting and beating my daughter is classed as emotional and physical abuse, I have threatened to leave if this carries on, but my wife says she will teach my daughter to hate me and will never allow me to see my daughter again, plus the fact that she wants to take all if not half of my assets. I have no choice but to stay. I read that if I collect evidence of emotional and physical abuse, I stand a good chance of gaining custody. Has anyone been in this situation?
Halifax 31 31/08/2015 at 7:29 pm
Hi, please can you help. 10 years ago my sister in law had her children removed from her and they went to live with my in-laws, with an idea that they would go back to her. 3 years later the strain on my in-laws was too much and the children had to go and live with their dad's. In the last 10 years, my sister in law has been into rehab and turned her life around. She has been diagnosed with bi-polar and is taking her medication. The children have different dads, where my niece has settled with hers, my nephew hasn't. They come for regular visits and he has been down for the entire summer and didn't want to go back. He is very scared of his dad, the dad has a record of violence. Due to my sister in laws past, what are the chances of her regaining custody of her son. He is 14 years old and has expressed a great interest in wanting to move back. Where would we even begin to start with this? What if he came down, and then never went back? What would happen? The children were under a custody care order but they no longer are.

any help on this would be greatly received.
epsonboy 29/08/2015 at 6:51 pm
I have an 11 year old child who been taken out of family home by her mother with out my knowledge under threat of be hit if she did not leave the home quietly not wake me,they are on other side of England. We are not married and the child surname is as mine and I am on her birth certificate as the father, the mother has lied though her teeth to get a place in a women refuge. what right do have if my child is begging me to live with me in the family home where her school and friends are and does not want to be with the mother. My partner suffer with depression.
Dad 23/08/2015 at 10:37 pm
My 7 and 10 year olds have stated a desire to live with me as apposed to their mother. We were married at their time of birth and divorced 4 years ago. Would a court take in to account their wishes?
kas 22/08/2015 at 7:45 am
HI.I am married with a 2 year baby, I love my daughter. To bits but me and my wife ate not getting.on at all, she is a very verbally. Abusive lady and has alot of anger management. Issues, she is always abusive to.me infront of my daughter and now it's getting to a point that if I want to take my daughter. To the park she won't me allow me to take her, I have only stayed in.this marriage due to my lovely. Daughter. But want to cone out now, my daughter. Is 2 years,n 4 months, what is the chance I've gt to apply for custody. For weekends etc
Thanks
daura2731 22/08/2015 at 7:23 am
Hello, my brother and his partner had a child and not long after she stopped him seeing the child and they split up her mother also played a part in this. My brothers partner neglected the child and her mother reported her to social services since then her mother has been looking after the child and now wants to apply to look after him full time I would like to know what rights she has as if the mother of the child is unfit surely the child would go to my brother over her mother? I just need some advice as we are all attending a mediation next week and need to know what the rights are?

Thanks
marshanamar 20/08/2015 at 7:27 pm
My daughter has just separated from her partner after 10 years. They have 2 young children but have his surname. Does my daughter have full parental control of her children. As we have booked to go to Florida in December but he is saying the kids can't go. My granddaughter does not have a passport but does my daughter need his authority for them to go out the country. Your help would be most greatful.
SeparatedDads Editor 17/08/2015 at 2:05 pm
I am sorry to hear this, but I'm afraid I can't advise as this is a UK-based site dealing with UK family law, so I have no idea of US-based family law and how it operates. I can only suggest you continue to get the help you need for your drinking. At least you are aware that you need it, which I'm sure you know goes part way with helping with the cure. Good luck, I hope you manage to keep on top of the issue.
K 14/08/2015 at 9:52 pm
Me and my husband and 2 young kids live in Hawaii. My husband is in the military. He recently sent me and my youngest (2 years old) back home where our families live because I have a drinking problem. My 5 year old had to stay in Hawaii since he's in school. So about my drinking problem...I go weeks to months without having a drink the problem is that if I end up having a drink I can't stop and I go on a 3-4 day binge of non stop drinking. My husband says that he has pictures and videos of me being drunk around the kids. Obviously I know how wrong I am to do that and I am now going to AA and vow to never drink again. He says he is going to get custody of them. My question is what are the chances of that happening? If they were with me I would be in Ohio with both of our families. If they were with him they would be away from everyone and would have to be in school and daycare all day. I am not a bad mother, me and alcohol just don't go together and I know I can go without drinking. I do everything for the kids.
EddiePatel 12/08/2015 at 8:08 pm
I have 6 and 4 year old with my wife of 11 years. Just found out she's been having an affair for the last 2. In fact more than an affair, I've seen texts and emails where they have talked about their future together and some other very long term plans, none of which mention our kids. During this time I have done the majority of bringing up the kids as she is the main bread winner and had been a lot more active socially (now I know what she was doing). My question is what are my chances of getting custody and also how do you bring this up with the wife.
SeparatedDads Editor 10/08/2015 at 1:55 pm
I am sorry to hear this. You have every right to move out and take your children with you. However, much depends upon your situation, i.e whether you are working and whether you can afford to pay rent and take care of your children etc when living alone. You may be eligible for a council property, I hope this helps.
mum of two 08/08/2015 at 9:32 am
Hi, Could someone pls advise me? I have two children and although we are not in a relationship I am still living with their dad. Its been like this for almost 5 years.! He will not move out. Clearly we are all unhappy and I don't want my children to be unhappy anymore. Also I need to move to cheaper accommodation due to the rise in rental cost but their dad is saying we can't move out., he is staying., I can go but I have to leave the children with him. Have I any rights that will allow me to give my children and myself a chance of a better future.? I would not stop my children from seeing their dad., they love him as much as they love me. Its just a horrible situation.thank you in advance
Stepdad 03/08/2015 at 5:05 pm
My girlfriend and her two children are looking to move from Surrey to Bedfordshire to live with me... The father, who as it is struggles to find the time in his schedule to see his children, is going crazy he may have to drive an hour to see his children on the weekends he is meant to have them, and saying he will pay whatever it takes to get full custody... Will he have a chance? My girlfriend is an amazing mother, and person, he could find no past history of criminal, drug or abuse activity so I don't understand if he could? Generally he isn't a very nice guy, and he takes steroids etc.. I'm like 98% certain he would have 0 chance but wasn't sure?
Pete Editor 30/07/2015 at 11:30 am
@Peanut - I'm afraid not, you can't really force someone to see their child. If you think it is damaging to your child's psychological welfare then you could either try mediation or take her to court for breach of contact order and perhaps see if contact can be stopped altogether. It depends on whether you want your daughter to have contact with her mother or not.
Peanut 28/07/2015 at 6:47 am
I've had residence of my 5 year old since my girlfriend left 3 years ago . The court gave her visitation last year but she keeps canceling ,sometimes weeks at a time . Is there anything I can do ?
DaddySteve 27/07/2015 at 7:41 pm
If my children's mothet gave me custody in court can she still petetion to get them back if so will it go more in her favour that she gave them up?
SeparatedDads Editor 10/07/2015 at 2:49 pm
@Vince - I'm afraid we can't advise on this because it is a complex set of issues. However, if you continue to be able to look after your son, and give him the stability he needs, in Social Services' and the court's eyes it may remain in your son's best interest for him to stay with you. They will not wish to uproot him unnecessarily. I have included a Family Lives link here which may help you further. You could also give them a call should you need any further advice.
Vince 09/07/2015 at 3:44 pm
Hi all, I recently got custody of my son through social services not the courts because they saw it was in his best interest to live with me as his mother was in a deranged relationship and couldn't look after him.. But at the time my relationship with my partner was good and the social worker said he had stability here with me and my family and signed him over to us.. But as time takes its toll and my partner is struggling to accept my son so we are breaking up.. My question is will the social workers take him from me if we do split up or would they still see me stability if I found somewhere for us too live?
Thanks
SeparatedDads Editor 19/06/2015 at 2:51 pm
@Don't-know-what to - Please see the article; Can I Get a Background Check On Ex's New Partner? here which might help you, if you are worried about your son being in that environment. You can apply via the courts, for more access, or residency, if you are really concerned.
Don't-know-what to 17/06/2015 at 5:07 pm
My x is a good mum always looked after my son n goes to work part time but she has met a guy fresh out of prison from a manslaughter charge and has also been remanded b4 on a murder charge he is well known to the police for Al this and also beating his ex to the point she was in hospital he's also smashed up his x house cars n her parents cars n house I don't know why she has gone with someone like this maybe to get at me but I don't think she knows what she is doing I'm concerned for my son n don't know what to do. He's already threatened to come to my house because me n her argued
SeparatedDads Editor 19/06/2015 at 12:22 pm
@Brian - You can apply for custody, if that is what you feel is in the best interests of your children, which is what the courts are concerned about. Whether you will be granted it, is a matter for the courts to decide. A Cafcass report will have to be compiled which will take both yours and your ex's views into consideration. Please see link: What Goes into the Cafcass Family Report? here. I hope this helps.
Brian 17/06/2015 at 10:39 am
Split with gf 3 weeks ago.
I was drinking a lot.
3 weeks sober on antabuse and getting all counciling I need.
She has a false brain tumor and I was her carer,I cooked cleaned washed dried ironed looked after son and step sons and she was in bed asleep till 2pm at times.
None of them helped with housework even though I asked and they'd just watch me struggle.
She said she couldn't help due to disability which would be fine.
But two days after being kicked out she's on hands and knees cleaning and so are others.
MUG
She can't walk to shops she sends 11 year old shopping she's partially sighted and is on so many tablets they knock her out.
Do I have a case to apply for custody
Rich Editor 17/06/2015 at 10:00 am
@dd - not if you admit to having a couple of drinks in moderation. It will only have an impact if you have a problem with alcohol.
dd 14/06/2015 at 6:14 am
I have a question, When you go to mediation and you are asked if you drink or do drugs and you admit to :Example) Drinking 2 times per week,or so, will that have a negative impact in giving that parent custody?
Jan Editor 10/06/2015 at 12:26 pm
@egnaro - the fact that he is living at his mothers shouldn't have an impact on access. It may on his child staying over in the future, if there is not enough space.
egnaro 08/06/2015 at 8:12 pm
This is on behalf of my brother. His ex is pregnant and completely shut him out and got back to her ex. DNA tests will happen but... if he is the father... will he lose more rights to shared custody if he happens to still live with my mum? Its a good stable home. but he cant afford to move out on his own as he lives in London. He did live with this woman but she kicked him out.

Please help
woody 04/06/2015 at 6:14 pm
Hi there, i was with my partner for four years with 2 children with my eldest not being his. After my second daughter i was suffering with post natal depression.i was hospitalized for my partner at the time was granted special parental guardianship over my eldest and guardianship for are youngest as he falsly lead me to believe while i was being treated he would care for our children and once i made full recovery we would all be together again so i signed and agreed to all. But what i didnt no he was secretly in another relationship through everything. I signed the papers and he has full control over my children. He refuses i see them as often as id wish. I have a date with a solicitor but im worried he will now have my girls forever! Iv recovered tremendously now and have my proof. I also made an appointment with him to attend mediation to sort contact in which hes refused. Is he doing write by this? I just want my children back!
Primrose 01/06/2015 at 6:57 pm
My partner has 2 young children with his ex who suffers with borderline personality disorders and has a compulsion to lie as well as having had drug addiction in the past. 18 months ago, they agreed on 50/50 care of the children, resident with my partner for the above reasons. In the last couple of months she has lied about nursery fees being far more than they were (which my partner pays to her account), been sacked, split up from her partner a number of times, been in and out of jobs, made drastic changes to the children's childcare arrangements, and the latest is what we believe to be a huge story of 'ill health' concocted by her to be catastrophically worse than it actually is. She is claiming to have advanced ovarian cancer (aged 24) and had a hysterectomy but was seen out in town less than 72 hrs after her 24 he hospital stay. It doesn't add up. We just don't believe her, and sadly if there is something wrong we think it's a case of the girl who cried wolf.
I am currently encouraging myv partner to have another mediation session with her to try and coax the truth about her health out into the open, with a view to challenging her for full custody of the two children.
What I really want to know is how she can justify her position as a responsible parent and what chance we have of proving the complete opposite which is the case. What I really want to know is how she can justify her position as a responsible parent and what chance we have of proving the complete Opposite. What evidence do we need to provide? My partner is very worried about rocking the boat and the effect that will have on his relationship with the children.
Advice needed please!
Many thanks
SeparatedDads Editor 22/05/2015 at 12:36 pm
@bigman44 - the fact that you have the residency order in place will stand you in good stead. Yes, she may be able to take you to court, but that does not mean she will be given custody of your son. If you can show your son is settled and has a happy and consistent daily life the courts will be unwilling to disrupt this arrangement of him living with you, especially due to her past record of neglect. The courts will always decide what is in the best interests of your son and it seems like you have proved to be a good father who has his son's best interests at heart. I hope all works in your favour.
bigman44 18/05/2015 at 9:26 pm
hi, can somebody put my mind to rest.
I have a residence order for my 15month old son to live with me full time with contact to his mother, which was made jan2015 after a 10month private court proceedings.
my son was on child protection for neglect before he was born due to his mothers other children are on it for a few years before, until recently 4years in total. and he was on pre proceedings along with the other children before he was born until week before the final hearing for my private court proceedings. there is drugs and a lot of other things involved, and my son ended up with a number of infections while in her care which she never took him to doctors. social services did there report and recommended that my son lives with me.
now after 5 months since the final hearing and decision made by the courts the mother is saying she is taking me back to court for my son. child protection has recently been drop but a very robust child in need plan is in place on her other children. can she take me to court ? im worried as my son has settled, medicals are all up to date, the routine and me gone back to work part time to accommodate him with proper child care.
anne 29/04/2015 at 11:05 am
My son just got sole custody of my grandson. His mother after fighting him for the last 5 years just up and abandoned him and his younger sister to go with a man just out of jail. She left her house and when the council went in to clear it there was fog poo everywhere. Even in the kids bedrooms. The kids are now doing brilliantly. They have put in weight and my grandson is catching up in school as he now goes every day. They are happy and smile all the time. They talk about their mum hitting them and so on. But they will get over it in time. Long and the short of it not every child is better off with its mother. Some people just shouldn't be a lowed to look after children.
SeparatedDads Editor 20/04/2015 at 10:07 am
@poppy_1 - as specified in the article, in the majority of cases, the father will not be granted custody of the child by the courts. Individuals and groups have complained about this bias of the courts for several years, but it’s simply a fact that unless the circumstances are exceptional, the child or children will stay with their mother under a residence order, and the father will be able to see them with a Contact Order. However, there are times when a judge will look very favourably on a father’s application for custody, especially when there is a solid reason for doing so. There is really no predicting how a court will look at it, but the courts will always look at what is in the best interests of the child, and stability and consistency play a large factor in that. If it goes to court then down the line Cafcass are likely to get involved, so you might be interested in the article: What Goes into the Cafcass Family Report? whichI hope this helps.
poppy_1 16/04/2015 at 12:06 pm
Hi, my brother has a 6 year old child and his ex has custody. My nephew is behind in school and struggling educational wise. His mother is also pushing for every disability possible although it has been proven he has no disability such as ADHD, autism or any other disability. I am worried that he is continuously getting put down by his mother , how can anyone progress when they are constantly getting put down by saying they have a disability when proven that he hasn't. My nephew sees his farther Every weekend without doubt and around his farther he is well behaved and I think that he would progress a lot better than he would around his mother. I am interested in to what steps and if it were difficult if a farther wanted to get custody would this be possible, or would it be a long continuous battle with no ending. Thank you
SeparatedDads Editor 16/04/2015 at 2:45 pm
@lpoollad - thanks for your comments. I'm sure it's helpful to dads even seeking contact that the law can be on their side.
lpoollad 14/04/2015 at 1:31 pm
Hi everyone ive just come out of a 13 month court battle in the uk merseyside where i was fighting against the mother of my 2 girls i eventually won custody also i was unrepresented and she had a barrister there where some issues of domestic violence between her and partners and children where present issues of drugs etc. Basically dads push and push the system work really hard pester all professionals involved and complain if you feel you are being unfairly treated it makes a difference
SeparatedDads Editor 14/04/2015 at 12:19 pm
@cas - I am sorry to hear this. As specified in the article; the important fact to remember is that, in the majority of cases, the father will not be granted custody of the child by the courts. Individuals and groups have complained about this bias of the courts for several years, but it’s simply a fact that unless the circumstances are exceptional, the child or children will stay with their mother under a residence order, and you will be able to see them with a contact order. You could always discuss joint residency with your ex, hopefully she may agree. However, if it couldn't be agreed amicably and it has to go through the courts, you would need ample space in order to bring them up. So for instance if you leave your house and rent a one-bedroomed flat, then there is less likelihood the courts would agree to splitting the parenting of your children. However, the courts may favour it more than if you had enough bedrooms in your house. The most important thing to remember that everything that is decided through the courts will always be 'what is in the best interests of your children'. You may find our Separated Dads Facebook page useful, as there are a lot of postings from dads in the same or similar situation, or from those who have been through it all before and know the pitfalls. I hope this helps.
cas 11/04/2015 at 8:00 am
Hi I need advise on what to do next as my wife after 4 years has just suddenly finished our relationship I have asked her why and she just says it's because she is unhappy but it's not my fault we are still currently living in the same house till things get sorted as we are both joint council tenants but I'm afraid that if I move out she will gain everything our kids the house etc and I don't think this is fair that both the kids and myself should suffer because of her decision how can I go about having the kids living with me instead thank you for any advise you can give
SeparatedDads Editor 07/04/2015 at 12:48 pm
@squeaky - Does your mother not have the information about what lies he may have told? Court records are closed to the public for a minimum of 30 years and only under special conditions will the Ministry of Justice allow access to court records or other restricted information. The grounds for access must be ‘substantive and sufficient to outweigh the exemption’, meaning you must have a good reason for the request. Permission must be sought from the Departmental Records Officer via the HMCS website. I hope this helps.
SeparatedDads Editor 07/04/2015 at 12:47 pm
@squeaky - Does your mother not have the information about what lies he may have told? Court records are closed to the public for a minimum of 30 years and only under special conditions will the Ministry of Justice allow access to court records or other restricted information. The grounds for access must be ‘substantive and sufficient to outweigh the exemption’. You may be able to get permission from the Departmental Records Officer via the HMCS website. I hope this helps.
squeaky 03/04/2015 at 8:51 pm
My father got custody of me my sister and brother. That was back in late 60s early 70s. Always wondered how. We were the talk of the place as never happens especially two girls and a baby. He is dead now but would never talk about it anyway my mother says he told lies. Does anyone know how I can find out?
discriminatory 10/03/2015 at 5:26 pm
Surely its discriminatory in this day and age for courts not to treat parents equally?

I've got a strong case against my ex but been warned by solicitor it will be an uphill struggle as the courts favour the mother. We have same sex marriages and easier adoption for gay couples but a biased outlook on dads.

Can't this website fundraise to try and set a president case? I am sure there's a human rights argument in this as well?
discriminatory 10/03/2015 at 5:24 pm
Surely its discriminatory in this day and age for courts not to treat parents equally? I've got a strong case against my ex but been warned by solicitor it will be an uphill struggle as the courts father mother. We have same sex marriages and easier adoption for gay couples but a biased outlook on dads.
SeparatedDads Editor 03/03/2015 at 10:56 am
@Cal - you might also want to put this question to our Separated Dads Facebook page followers - as some of them will have been through the same situation and may be able to advise. However, if she is acting responsible when your children are with her, it may go some way to being a responsible mum. The worrying thing is if your children begin to say it is affecting them, so this is when you need to keep an eye on the situation.
Cal 27/02/2015 at 6:35 pm
I'm in a real sticky situation where I have two kids aged 4 and 2 with an ex partner. She is Middle aged and addicted to prescription pain killers she also binge drinks often and when under the influence has a habit of self harm and violence towards others (usually any man she is emotionally involved with). My only trouble is although she seems extremely unhinged she is very careful to cover it up. I have the kids every weekend and she only binge drinks when they are in MY care such is an important factor. As the kids are not in immediate danger because she goes to work and lives a normal life when the kids are with her (so I've been told). Then as far as this goes I feel like people would not take me seriously. If anyone has had experience with a similar case what can i do?
Gray Editor 25/02/2015 at 10:57 am
@ConcernedMum - I don't understand here why you would want to stop him seeing them? Is it just because you are frightened he may go for custody? If this is the case, I wouldn't worry. They have had a stable upbringing by you, so therefore it would be highly unlikely that the courts would just turn around and offer him custody. The courts are only interested in what is in the best interests of the child and that includes stability. I think you will cause more problems and would have a bigger fight on your hands if you tried to stop him seeing them.
ConcernedMum 22/02/2015 at 11:18 pm
In a pickle which is worrying me. I have sole custody of my 2 children, father sees them when he feels like it. I have just found out that his partners children have been awarded sole custody to their father, mother sees them once every 2 weeks (CAFCAS where involved with this decision) . My ex has not been interested in his kids for over 11 years, and has paid me maintenance when he feels like it (possible 2k in 11 yrs). My divorce was on the ground of domestic violence and he is a threat to society as far as I am concerned. My children have, since the start of the year been seeing their dad every few weeks (which I was worried about why the interest in them). Does anyone have any idea how I go about finding out about the recent court case regarding custody and if I can stop him from seeing'my' kids. I am worried sick. I do not deny them to see him, and I do not deny parental responsibility/access. I would love them to have a relationship with their dad, but this has now freaked me out as a loving doting and concerned mum. They are my world.
Kat Editor 27/01/2015 at 2:28 pm
@Grant - regardless of what income comes into her house and whether she is being done for 'fraud', your child will still benefit from spending half of the time with her mother, so I would keep things even for the moment, unless you are concerned about the welfare of your child. A child needs both parents.
Grant 26/01/2015 at 4:33 pm
Hi I have recently split with the mother to my child. With have been to court just last Thursday and we have filed a final order granting me shared custody. I have been given information by my ex that she no longer has any kind of income coming into her house part from her new partner wages. Who hasn't known the child very long just 4 months.

I am commenting today to ask whether I have any grounds to apply for full custody. Also she is being investigated by the fraud team for fraud.

Thanks grant
Davey 29/12/2014 at 3:36 pm
I currently have a good court granted custody order in place but I am still not happy as although by the letter of the Law my ex is not a bad mother in my eyes she is not a good one. Obviously without proof I can not change anything and as my daughter is under 5 the courts can not ask her but I truly believe my ex only wants our daughter for her own selfish needs and does not put the child first. My daughter is 4 and started nursery on 1st Sept she has not been there for a full week since 22nd-26th Sept as my ex constantly just keeps her off so she has company and claims the child is sick. She constantly dresses her inappropriately for the weather often without a vest and in things like tights and shorts when it is freezing outside. My daughter also always says that she doesn't eat dinner so I believe she just lets her eat junk and sweets throughout the day rather than set meals. My ex's then claims I am disruptive to the child’s routine and takes me to court to try and take away my midweek contact. What routine is this when she doesn't even have the child in one? It is just constant lies to try and get what she wants and because the courts are so bias my side is never even heard. Last year I took my daughter on holiday and when I gave her back suddenly me & my family were suspected of abuse and lost contact for a month while it was investigated which of course it came back fine but we still lost contact for that time and no repercussions come as my ex was supposedly just be careful mother, this year I took her to Euro Disney and when I gave her back again I was then told I couldn't see her for a week as it was now the mother's holiday time with no vacation planned and no notice, after consulting my solicitor and being told to collect as normal I tried only to be refused and dragged to court myself on a non-molestation order stating I was verbally abusive when I was not but had no proof on the contrary. As a Brucey bonus I also have to pay for court every time while she gets it all free so it feels like I'm paying to get slapped in the face. I think the family court system is a complete joke and does not look at the complete picture before making rulings and is totally bias and unfair towards fathers. I know I can not change anything at least until my daughter is older and can maybe speak for herself I just have to hope her mother does not corrupt her before it’s too late. Thank you for letting me get this off my chest as it is just hard to accept, especially as if it was the other way round the courts would act totally different.
jimbo 13/12/2014 at 10:17 pm
I need some advice please. I got a 3yr old son with my separated wife bit she also had 2 kids before I met her I'm on the birth certificate. She has got social services chasing her due to actual neglect and un explained injuries and more, since I found out in may this year that all 3 kids are on a child protection plan she has stopped me from seeing my son (infact all 3 kids) this is the second time her oldest 2 have been on it but the first time for my son, anyway I received a letter 2 days ago saying that it was the letter before court proceedings and I've been told by the social worker that I need to go to the meeting with a solicitor. I want to fight for full custody of my boy but I don't have a house of my own could my local council still help me get a place / emergency housing if I get full custody and I work nights so would I still be able to get help with child care or would I have to work days while hes at nursery / pre school. I just need some help and advice I only got a few days left till the meeting but all I no I I want my son living with me,I used to have a good relationship with her other 2 kids but after I left she turned them against me
SeparatedDads Editor 10/12/2014 at 10:23 am
@concerned - Sometimes children have a rosy perspective of the other parent as they are not the one doing the day-to-day caring. However, the reality is often very different. Unfortunately, as we are a UK-based site, we can only advise on what is best to do with regards to UK law and how you can get help here. Wishing you the best of luck.
concerned 08/12/2014 at 6:59 pm
I have had custody of my children for over seven years now. i was awarded custody due to my exwifes new boyfriend. after 4 years she has finally left him and tried to get back on right track. for the last 3 years she has been throwing child protective services at me and everytime they are false alligations. recently she has been been trying to coherse our 10 year old daughter into wanting to live with her. she is telling our daughter that when she turns 12 years old that she will be able to live with her, i live in texas. And it is also starting to affect my 9 year old son. but now she is pushing for me to let my daughter and son move back in with her and i am having a hard time keeping the respect of my daughter. out of 7 years my ex has only made 2 child support payments, equaling less than what she is suppose to pay per month. she is currently serving every other weekend for a total of 180 days due to failure to pay child support. what am i capable of doing. i can no longer afford a lawyer due to all the times i have had to hire one. any help would be appreciated.
mhalse87 08/12/2014 at 3:15 pm
Hi there im seeking advice on what to do in my situation iv currently got a 4 year old daughter, Elisha my names not currently on the birth cert i had to do the DNA route to find out she was mine im with a different partner now for the best part of a year now an my daughter has grown to like her so things have been goin well but just recently the babys mother has snapped at me basically saying im no longer seeing my daughter an this has crushed me inside cos now i feel like the babys mum doesn't want me to be happy or be with a new partner so im thinking of going for a contact order to try an get my daughter to stay with me an my family as well as my partner but im scared of things going wrong an potentially loose everything could some1 give me advice on what steps im best taking cos the situation being so close to x mas has destroyed my mother myself an my partner
Meg 21/11/2014 at 7:24 pm
Hello, I am doing a research paper on the importance of the fathering role on children and child development at university and I was hoping to find out if you had any information on dates for when new legislation came in to the uk regarding fathers getting custody of their children and anything that is pending for this.

Any information would be extremely helpfull.

Many thanks, Meg
Dominic 20/11/2014 at 7:30 pm
please , I am desperate for advice before starting my custody battle with my ex partner . we have an 11 month old boy , alfie , and I am seeking to get full custody over him becouse the mother it is not fit to cope with her duties , she's got huge behaviour problems , nasty mood things and is extremely violent verbally and phisicaly , and she's also got huge medical and financial problems . the. boy was coceived through Ivf treatment for which I payed for , and now she doesn't allow me to see him at all .she lives a very lonely life , with no friends or family who refuses to deal with her because of her hysterical and argumentative behaviour. she had a history of violent relationships before , ending up sendi.g a guy to jail and another one with an injunction order.she's a danger for the wellbeing of my child ,please please please I need advice . P.S./ I have 3 embrions left at the fertility clinic wich she wants to use them and I am totally against that
SeparatedDads Editor 20/11/2014 at 10:22 am
@Chey - As a rule children cannot normally come to settle in the UK unless both parents are settled here or have British citizenship or ILR. However, there are a few exceptions which includes the parent who is settled or coming to settle in the UK has had sole responsibility for the child. Here is a Government Home Office link to the BN4 leaflet 'British Citizenship - Children Born Outside the UK Since 1983'. The purpose of the leaflet is to explain how parents who are British citizens
can pass their citizenship on to their children born outside the United Kingdom on or after 1 January 1983. I hope this helps.
Chey 19/11/2014 at 1:54 pm
Hi there, I really hope you can help me.
My partner is from Jamaica. He now lives here in London. He has full citizenship and works full time. However he has a son back in Jamaica who he is desperate to bring over to England. He went to court and gained full custody of his son but is under the impression that he has to have a certain amount of income or money saved up before he can bring his son over here. Is he right? Even though the boys mother has given him sole custody.

Please help me on any way you can.Thank you
Kenny 08/11/2014 at 12:01 pm
Hello, I have 2 kids with my boyfriend . I lived with him in the same house, I didn't apply for any benefit because I don't have right to, my visa says " no recourse to public funds. I am a full time working class mother so I don't even worried about child benefit. I take care of my kids, feeding , clothing & everything , but my boyfriend has right to benefit, so he applied for everything in his name claiming he is the one looking after the kids. Infact he doesn't even care about the kids but takes all benefit cos he knows I can't apply cos of my passport, I suffered alot with the 2kids and @ d end of the day he kicked me out and take away my kids, I called the police & he said I don't have right that I should go to court. He said to the police that the house belongs to him, can you imagine the house that govt pays housing benefit cos of my kids. I can't do anything cos I don't want anything to affect me or my kids. But I have all records that I have been the one looking after my kids even while he is taking the child benefit. I still have my kids red book with me & everything , I need to go to court to get my kids back because he can't take care of them . I have a boy of 4years & a girl of 19month which she seriously needs my care. What can I do pls.
SeparatedDads Editor 21/10/2014 at 12:45 pm
@Nanna if n the first instance you want some confidential advice then Family Lives offers a free helpline service (previously known as Parentline) - it should be able to advise and direct you further 0808 800 2222.
Nanna 20/10/2014 at 5:25 am
Three weeks ago my granddaughter (Han) was brought to me, by a friend of her mother (her mother was also in the car). With clothes, toys and her dog, to allow her mum (Nic) to self admit herself to hospital with severe mental health issues.
She lives in Cumbria but wanted to be admitted to Gloucester (she lived there previously), they did not want her and said to go via Cumbria, so her friends took her to Lancaster, where she was admitted to Blackpool Queen Victoria Hospital.
With my son, when have settled Han and got her into school (Nic had been home schooling her).
Nic then discharged herself.
Came to my home (West Yorkshire), stayed three nights, I took her to my doctor and set her up with the local Crisis Team.
Then she went back to Cumbria to sort out moving to Yorkshire permanently.
On Friday she sent her friend to pick Han up to stay the weekend, promising to bring her back Sunday.
She has now sent an e-mail saying she is well and keeping Han.
What can I do?
I am worried sick - Han did not want to go for the weekend as she was afraid she would not be able to come back.
I feel I have let her down and broken her trust.
I am desperate.
quinn Editor 24/09/2014 at 9:58 am
@josie, yes of course she has the right to ask for maintenance. Just because she has full custody doesn't mean that dad doesn't have to support his children.
josie 23/09/2014 at 4:41 pm
Hi. My husband's ex girlfriend has full custody of their daughter and son but she still ask for money. Do she have the right to ask him for money or anything at all for the kids even if he don't have no type of custody. Please I need help answering this question.
Izzy Editor 16/09/2014 at 11:08 am
@Peter, why have you not done anything about this if it happened 6 months ago? Why have you not shown this to the police or social services?
peter 15/09/2014 at 3:28 pm
Hi
My wife sometimes beats my daughter and I have a video showing that she was doing this 6 months ago on my phone and i was asking to stop her.she was pulling her hair and slapping her.I was asking her not to do that
Would that be admissible to get child custody.She likes her 4 yr old son but doenst like our daughter
She can be voilent towards me as well.
what Can i do to get child custody
what other proofs can be collected
She is a doctor
fefe 14/09/2014 at 5:11 am
A few years ago my ex was pregnant and we no longer were together. she told me a few months befor she gave birth. Since then she has passed and her cousin has the child. I want to get a dna test to see if I am the father and If I am I would like to gain custody how would I do this. I want to give them the best life. Also her bf at the time signed the birth certificate.
Christie 04/08/2014 at 10:29 pm
Hello, I'm a mother of four children. In 2006 I ended up homeless with no help from anyone but one friend. An opportunity for employment in another state was presented to me and I asked my two younger children's father if he could look after them while I went for a week for interview and find housing. He told me no and had no one else to look after them. So my friend said she would. I put $400 of food in her home and gave her an extra $400 in case my children needed anything. The day after I left my children's father called CPS and took my two oldest children while he took our two youngest. When I got back I was unable to get my children. They were determined abandoned and I would never do that.One month later I was able to get my two older children back but he got court ordered full custody. I have seen my younger children throughout the years when I would send him extra money. He hardly lets me talk to them and doesn't let me see them if he doesn't get his way or doesn't like he can't control me. He uses our children as leverage. My children tell me every time I see or talk to them (which isn't much at all) they want to come home with me. Their father mistreats them as well as his girlfriend. I'm trying to get custody but do not financially have it to pay a lawyer. What can I do and how???? My children need me.
lyca 06/07/2014 at 10:55 am
I want to have a advice .....my brother has two children ...both are minor ...my brother is separated from his wife ....not divorce yet ....nobody has child custody...........how can my brother can claim children custody ..or if she will marry 's her boy frnd ................. what rights my brothers would have for custody according to English legal system ..
daddy 22/06/2014 at 7:34 pm
I have a 9 year old daughter my ex girlfriend, we never went to court for custody. T was an mutual agreement that our daughter lives with her to go to school and I get her for the summer at my parents house. Can I get in trouble for taking her with me for a week?
wiill 08/06/2014 at 11:21 am
Hi I wonder if anyone could advise me on how I would stand if I went for custerdy of my son.? My son is 7years old nearly 8 and I have been split with his mum since he was a baby.I was 19 coming up to 20 when he was born the reasons we split was because she was still interested in going clubbing ever weekend and going out with her mates. She had no intentions of going back to work. She landed on her feet, she had a brand New house she got given from the councle.

Years have gone by now and I have been seeing my son ever Tuesdays and taking him Wednesday mornings before school and having him ever other weekend Fri,sat and Sunday. Since day one I have had a standing order go from my account every week to hers.
In recent years it has brought to my attention that the boys hygiene has been slipping when I get him from his mum's, for example if I take him home Wednesday morning clean with fresh clothes its quite often that he will be in the same underwear from Wednesday when.I get him on a Friday.! Also I have concerns sometimes about if he is eating correctly. When he comes over he is all ways hungry. I have asked him why have have you not had a bath? There is no gas or hot water, does your mum has a bath? Yeah every day!.
It amazes me because his mum has sky broadband and a car to run but not apparently afford to put gas on the meter.
I don't like confronting his mum , I don't like arguing and its not fair for my son. All I do is make sure when he comes to mine is that he gets fed well with good food and washed properly.
I have my own 3 bedroom house and live with my girlfriend who I have been with for over 5years. She is fantastic with him and he enjoys her company and doing things together. there is nothing more that I would like is for him to be here with us . We both have secure jobs and have family who live within walking distance of us. We also have a infant and primary school on our door step. At the moment the days we have set are through a mutual agreement, how do I think I would stand if I went for custerdy ?

Any comments would be gratefully received .


Thank you.

Will.
Mannion 03/06/2014 at 12:40 pm
Hi I need some advise, I have just separated from my girlfriend we have two young girls and I want full custody of them, there mother is in a unstable state emotionally she cheated on me and set me up, I did not know any of this at the time she lied to me. We split and I asked her not to have her new partner around the children as he has ruined there family aswell as haveing a criminal record, a drug user, bipola and sketsaphrania. She has not respected my whishes and I am concerned about my children's safety. I have the children but she is goin to court over it. Do I have a good chance of winning?
honey 21/05/2014 at 9:23 pm
Hi, I though I would email as I wanted to know if I could do anything or If I could do anything to get custody of my sister.
My sister is my half sister, we have different dad's, I am 19 now and sister is only 9. Her dad says does not want custody now but before he has informed my family that he does but as my mum has been unwell lately this has worried me this is because her dad drinks and went he does he gets abuser, no to my sister yet but to me and other members of my family.

Therefore I don't want him to have custody of my sister, my mum does not wish to that up actions on his abuse as my mum wants my sister to get to know her dad, I feel the same and at the moment he does not live with us and see her at my house therefore he does not take her out and we can make sure she is safe but if he gets custody and my mum does not get better then I feel she may not be safe in his care.

Is there any way in which I maybe able to get custody of my sister if anything happened to my mother? and if there is what steps would I need to put in place to step me to get custody?

Please get back to me with any information you may have.
FredM3 25/03/2014 at 4:13 am
My wife and I where short term users. She used before I met her and during the first year we were together. She has had multiple affairs with her users and they have done unimaginable things to her while her oldest son from a previous relationship was sleepin in the back of the car or other room. Then she was clean for a almost two years then started usin pills. Got pregnant wit our son and her doctor put her on a pill schedule or somethin to help justify her addictions. After while after our son was born we then started a different addiction together. Now I am sober and she lives wit her parents after kickin me out. She has everyone fooled into thinkin she is clean when she is still sleepin wit her dealer. I havent seen my kids in almost two months. I have done nothing wrong. I have never been violent towards her or my kids. She has everyone fooled into thinkin i harmed her and my kids in some way that now her family is keepin them from me too. She forged my name and stole my taxes. She knew i was gonna fix my truck so i could keep my job. Truck broke down. Phone turned off because no payment and lost my job because i couldnt get rides to work. Theres nothing to justify what she did wit my taxes thats in the hands of the irs now. But i have proof of her having her dealer around my kids and in her parents house after i warned him and everyone else he was a danger to my wife and my kids. Well i have given up on my wife after findin out they let her be with this other man. Even though we are still married. My kids are 2 and 1. Her oldest son jus recently moved in with his dad because her mental state is not stable at all. She doesnt tell me anything about them when i ask. I have asked for doctors appointment dates and she refuses that information from me also. She has convinced my daughters school that i am dead beat dad and they removed me off the list of contacts. I cant get any information regardin my kids. She drives through the town im livin in multiple times a week and never lets me see the kids when i ask. Im a great father and no one has ever said anything to me about me doin something wrong to my kids. She told her family that i molested my daughter but she never called the cops on me? I dont have a violent past. Yes i have lost my temper with my wife. But never with my kids...im sorry but my kids arent having an affair with a drug dealer. Can i file temporary custody of my kids until my wife xompletes a 90 drug rehab in patient program? Can i file temporary custody at all? We were married for almost three years and together for almost 5. This last affair started before thanks giving. Her boyfriend deals and uses drugs. And he uses my wifes addiction to his advantage...please someone help me help my kids. They ask about me all the time i am told but she refuses to have them call me before bed. Most importantly they refuse to answer all my requests concernin appointments. Schooling and general health...is that right for them to do?
jane 18/02/2014 at 10:50 pm
My son is incarcerated, married and they have a 3 year old. She is filing for a divorce (she no longer is in love with him). He is to get released in 1 year. I watch my granddaughter for my daughter in law approx 35 hrs a week. I am very concerned about custody, since I know she drinks alot, and does drugs in her home. Is there any way for me (grandmother) to get custody? What do I have to do?
Nic 16/02/2014 at 1:55 am
I am divorced and have 2 kids from my ex husband and a baby by my boyfriend. my boyfriend tested positive for drugs and dyfus removed him from the home and he was at a shelter and now is in a drug rehab. My ex husband said he will take my kids from me if the courts ever allow my boyfriend aka baby's father back into our home even if he is clean. My kids want to stay with me and my boyfriend and baby brother. Will the courts give my ex husband custody? The dyfus case isint on me. And I was approved by them to be the surpervised person to bring my baby to see his dad in rehab. Please help me!!!!!
Sven 04/02/2014 at 10:02 am
Hello

I wonder if you can help?

I live in the UK and I am British, I am married with two children. We own our own house etc..

I have a daughter in South Africa which I want to get full custody of. I only found out about her when she was 6 years old. Since then the mother got divorced as she lied to her partner for 6 years and told him it’s his. (I was never married to her)

She is not doing well at school and many other areas, the mother is unable to find a job and unemployed for 3 years now, I have been supporting my daughter ever since I found out 100%.

So my question is, If I gain full custody in South African courts, will I be able to bring her to the UK to live with us. She is now 9 years old.

Any advice will be appreciated.
Glynn 01/12/2013 at 5:16 pm
This advice is a load of rubbish, my daughter was taken from my care firstly on her wishes (because her mum threatened her) secondly despite my ex emotional instability and history of her other children being on a child protection list and third on the word or a 23 year old social worker with 1 years so called experience, the whole system is a sham and they have put my daughter back with a person who puts here at constant risk.. and yes drink and drugs have been involved historically in our case. The whole system is a sham and until we all fight back properly it will never change.
Jatt 25/11/2013 at 10:59 am
Hi my ex wife has abandoned our 2 kids for 11 months now.
We had a shared residency order but she left abandoned the children at school.
The kids have now moved on from their abandonment issues and are doing great.
Can I now apply to get the residency order now changed to sole custody?
As we cannot move from the area?
Also we have no forwarding address?
Leo 17/11/2013 at 11:46 pm
Hi am lee I have 2 kids one daughter at 22 months and a son at 3 month I was with my ex partner for over 5 years were I had to with stand verbal abuse we split up back in January after 2 weeks of being split up it turn out she was pregnant with my son now 3 months witch I have held him 3 times in 3 months she doesn't want me near him just found out am not on the birth cetificate witch really hurt me she would do that I have my own house great job and in the middle of a comastion claim for a 6 figure sum, my daughter I get for 8 hours a week witch is terrible going though lawyers to get that sorted and think will end up in court, lately my I have become really worried about the wellbeing of my kids she is taking them out to all hours of the morning in a house with smoke and drug taken her new partner is a constant drug user just out of jail to he has his own kid that he does not get near because if what he put is ex parnter though and he is now round my
Kids and I want to try to do something about it, what can I do I just want the best life possible for my kids I don't want the life she has chosen to live to be the way they are brought up thanks
Al 08/08/2013 at 1:28 am
We live with my parents , only 2 weeks ago my wife @ 2am decided to leave while I was at work without any reason , she stole a lot of money an gold an flu to another country abandoning my 16 month old son an 3 year old daughter , I have not heard from her in any way .
I have found out she is with another man.
What are my rights on getting full custody of my children ?
Please help
Tank153 07/07/2013 at 1:58 pm
I split with my wife in 2010 and finally divorced 2013, we have 2 kids together aged 10 and 4. I still have my 2 kids every time I am off work, but recently, my 10 yr old Daughter told me her mum has gotten into smoking cannabis,. I pay my ex-wife child maintanence through our banks eack week, now I am worried the money I send is now paying for her drugs and not on the kids as intended.i pay her £60 a week. I do not want my kids to grow up in that enviroment, would I stand any chance of getting custody if I went for it!!! my ex is now with someone else and had a baby to her new fella, which doesnt bother me, I just want my 2 kids free from a drugs enviromentSomebody, Please Help.
jo 20/06/2013 at 8:26 am
Hi
I am a grandmother of 2 boys I have been in there life since day one they stayed here weekends and in the week there parents are split up and have been for 3 years but still see and stand by each other after my son leaving home when my first grandchild was 6 months old give it 6 to 8 months and he had started staying out weekends and his g/friend was just going out all day basically gossiping around peoples houses and the house started to get really dirty I would help to clean this up and always have the children but in December 12 my grandchildren started asking me to move in I just kept telling them they could when there older but then they started saying there mother wasn't listening to them so they stopped talking to her I would ask both the mother and there father what was going on but got abuse from both of them so I just gave it them back then one of my g/children said he had been threw up the wall by his mother I questioned this but was told they were the parents and they would do what they want I was so worried I went to check the children but got punched in the face by the mother I went home and rang social service and rang a solicitor this is still on going but to make the story short I now have had this all twisted around to me and my husband with lies the children have been told to lie I haven't saw them she has told caff cass worker who is doing a report at the moment that it was me who it her and that I had the children that much because she was intimidated so she let me have them she has gave a lot of lies to my son in which I didn't have much to do with anyway as I found out he was using drugs and that's why all debt was coming to my house for him I have gave them so much and helped them paid debt for them brought shopping and children's clothes
But for them to get out the situation they are in they have just revolved it back to me and now saying my husband is violent all because I want to see the children and I reported a safe guarding
LRIGHTS 12/03/2013 at 4:49 pm
Me and my partner were getting on really well after the birth of our daughter with some minor usual arguments over money etc. My partner was very emotional and past events of her childhood was creeping up on her (mothers ex husbands that were violent and controlling which effected my partner) She asked for counselling through the health visitor and was put on waiting list.
One night I came home from work to find that my partner and my child had gone with a note saying I was controlling etc. Which I found rather odd as I was the one that wasn't allowed to visit friends without the presence of her.
Anyway later on bout 2 weeks after she left she contacted me out of the blue and she needed my help. Quite a bad situation I should say. She then told me she was living in a women's refuge for domestic abuse with our daughter. This I thought was quite sickening as there had been no abuse of any kind from me and the only abuse was from her verbally, once even at my work in front of my colleagues and our daughter over a car seat, I was very embarrassed and didn't know what to say.
Since she has left she has refused any sort of contact with our daughter and she cannot give me any sort of explanation other than she don't think it's in the best interests of our daughter.
I have tried several attempts in trying to meet with her or talk to her about the contact arrangements, even suggested meeting in the children s center and also attempted mediation but she point blank refused, again no explanation.
I have just put in an application to the court for shared residence (C100) and a cause for concern of harm to child (C1A). As I know my partner has mental health problems and there was a suspicion of her having bi polar disorder but nothing diagnosed. There is also concerns that she is leaving our daughter with women of the refuge on a regular basis and also one occasion I know of that it has been overnight. I have found out from my manager, who has worked in a women's refuge previously that they do not screen women that enter the refuge also they just take the women's word about abuse that has /has not happened. Therefore you could be an axe murderer that is abusive and still get a placement in a refuge cos they do not need an evidence of any abuse. So I think this is a potentially dangerous environment for any women and children that are genuinely fleeing from abuse. I have reported my concerns with social services but they don't seem to be taking my concerns seriously.
Any help or guidance about my situation and what I can expect in court would be really appreciated.
vikki-uk 05/03/2013 at 2:30 pm
A friend has split from his girlfriend they have a 1 yr old daughter and agreed joint custody verbally 3.5 days each and he has found out that wen the child is with mum she is always at grandparents house with them or aunts doing most of the care also he has found out that the child stays at grandparents every saturday so that mum can go clubbing with friends (there fore technically mum isnt even spending the 3.5 days with her) and he has just been told he has no legal rights and she can stop his conttact as she pleases is this true or does he technically have custody due to his 3.5 days compared to mum spending less time with her also he has concerns regarding the home conditions and wants to remove child but fears arrest for abduction
Adad 20/02/2013 at 3:13 pm
My 9 years old daughter told me at the weekend that her mothers new husband (married 2 years) was taken to hospital after watching a program which contained elements relating to the army. She told me he freaked out and was swearing etc, it was non violent from a physical standpoint but nevertheless scared my daughter a lot. I know this guy was in the army but whether he saw combat I do not know. What scares me is that my ex wife has not told me about this. I hear it from a 9 year old girl. What scares me even more is the fact this guy is into his martial arts and has a number of samurai swords in the house (god only knows why!) What can I do about this? I don't want any action I take to blow back on my daughter, we have a very trusting relationship and she tells me everything. If I look to discuss it with my ex it could impact badly on my daughter. As a dad I know I've got pretty much no rights unless my ex come under the catagories above. I've thought about social services/initial response but I'm unsure. I need to get it right, can't afford mistakes. My daughter is too important and what I do now will impact on her whatever the outcome.
jonny 18/02/2013 at 9:54 am
My ex partner has split up with me, we have an 18month old daughter. shes on high depression tablet and can be aggressive an unpridictable on these. she gets angry and has been pysical with my daughter. when things dont go her way she has a habbit of biting her fingers in anger. she also smokes cannabis in the property where my daughter lives and has been steeling whilst out shopping. I dont want my daughter being involved in crime n drugs. I want to get full custody, what are my chances of doing this????
Rev.Michael 15/02/2013 at 4:16 pm
I read all this and could not believe how far from the truth this is. Perfect case in point. A lady I know who did not ever do anything except work her whole life stayed married to an abusive man for 13 years. Beat her threaten to shoot her and her 4 year old son. Not hear say since he even wrote this and admitted to it. She left him he got the child he got a thousand a month in support she got ran off the road busted windows busted cars son did not have a bed to sleep in over a year she can not see her son unless she wants to be hurt and even with all the proof she could not get any help even after spending all her retirment 30000 plus and now she is loosing her home to cover her attorney costs. It is just pennsilvinia i guess I know i have never seen anything like this in my life. God i wish i could help her. She only had a speeding ticket her whole life. Please I would love an attorney who could pro bono this case. She has lost everything. I dont want to see her go to jail next for child support. They will take her job next.
dee 08/02/2013 at 8:57 pm
my ex and i always had a verble agreement that he had the kids why i was working now he is saying that he wants to change this arragement due to his new partner. I have to work on late evening shift and all day sat which at these times no childcare is availabe. He also tells me that no judge would make him have the children why i was at work is this true??
cj 03/12/2012 at 6:31 pm
My ex left me for a known criminal she suffers from anxiety issues and takes diazepam slot she has had children taking from her as she was unfit to look after them they are in my care ATM , worried about my children every going back to her as honestly don't think she is able to cope , any advice not sure what to do. any advice would be greatly welcome thank. from £NONI
donaldTHEduck 01/12/2012 at 8:41 pm
Hi there i'm worried about a situation and looking for advice...

Partners X wants custody, as he thinks I'm bad. I think this is based on him being jealous. I have a criminal record (recreational drugs over five years ago), and have smoked pot recently (never around kids!!). He's manipulative and I'm more worried about him turning into someone who'll do something violent cos his toys fell out his pram... Time will tell...

I'm worried about custody issues though and him bringing me into trouble legally... any tips?!
XSIMZA 28/11/2012 at 6:55 pm
A contact order was out in place in June 2009 when my husband took me to court for custody of the children. In Jan 2010 he came to live back in the matrimonial home until the house sold. From May 2010 he moved into his mothers address and we have been following the court order although he has stopped one overnight contact as he wished to have a weekend to himself. He refused to get this documented at court though.Now Nov 12 he has stated to me that the contact order is void and that he is taking me to court for 50% access.I have been the 3 boys 12,10,5 main carer since June 2009 and regular contact has been provided to the father. How do I stand in court as why should my family life and the boys lives have to be disrupted again due to his request.He has stated that he wishes to stop paying me maintenance and therefore wants more overnight stays. He is also refusing to pay the children's school fees of the 2 older boys. I cannot force him but the children have been through enough in their lives so I have decided to fund this alone. He is now stating that he is taking me to court to get an order to inform me that my children must move schools as he is the father and has a right to which school they attend. We made that agreement years ago for the children's education and now he can't dictate to me that they must leave.Where do I stand if this has to go to court again?
mel 31/10/2012 at 2:52 pm
Hi need some help.my friend is leaveing his wife as he doent love her anyone. he still cares about her as they been together for 10 years but just as a friend. -he found someone else who makes him happy and want to give there relationship and go and would like his son to be apart of there new life. but the only problem is the childs 3 years old. is there anyway he will get custody of his child as the mother doesnt work and hasnt work in along time she not a bad mam but she not a great one even she sit about the house all day and screams at the child as he a dog it a seem she doesnt no how to talk to him as a child the only time she acts different is when her famliy come to visit as if she the normal mam and housewife she should be but as they house share the other party does most the cleaning cooking and also works and she just takes credit for it. she only bring £80 a month in which is child tax credits and doesnt want to get a job my friend asked me for advice as I was a child from parents who have divorced at a young age and I told him to follower his heart as no one should be unhappy married and is best for the child to be happy as some parents are better being apart then together but my main question is. since she is from down south and moved up here about 8 years ago can she just pack her bags and leave with the child as her family down there or is there someway of stopping her moving so far away??? as it would destory my friend not seeing his son. as I dont no what father rights are for the children these day.
Artoissaz 23/10/2012 at 12:27 am
I have fought a residence order for my little girl who I breast fed for two years , I worked as a manager full time and my partner worked away , his mother looked after my daughter a lot , I left my partner and went to live with my adoptive mother in another town , I could not tell my partner as he was abusive and at times violent , so I handed my notice in in secret and left while his mother was having my child over night, I posted her a letter the next day for her to understand things , I wanted my daughter bk , they wud not let me , I wrote to her every week , spoke every night , and had her every two weeks fri to sun, I battled thro court , he put me thro a hair alcohol test which I passed , he lied on oath but yet he won !!!!! I had all evidence that he gambled , went to prostitutes but your not allowed to show it on the day !!! I left everything a lovely home but never my daughter , he won and for the only reason I think is money talks he has everything, just be careful fathers rights have changed , in some cases it's right but in mine , I don't know what I did apart from not snatch a child in the night but to do things properly , my advice wud go against this now , because it never got me anywhere
pacific 18/10/2012 at 2:58 pm
Hi me and my boyfriend split a few months back I am currently living back at my mums but we both have our own rooms and theres plenty of space, he was never interestedd in pur 2yr old until now we are not together. I never stopped him seeing our son and a few weeks ago he went to stay at his for short while as we dont live close. Now it has been over 3weeks and he is still refusing to give me our son back or even let me see him. All he does is threaten me and says he will never lt me see him again or unattended. Does anybody have any advice as to what I could do would be much appreciated.
check 16/10/2012 at 10:03 pm
I am 6 1/2 months pregnant. I am 20 years old and I found out I was pregnant when I was in a full time hair dressing apprenticeship. Since I qualified I was shown the back door as they were conviniently 'cutting back' staff. The father broke up with me weeks before I found out I was pregnant moved house changed his number ect ect. It was months before I was able to contact him to let him know. At first he was excited but quickly turned to insulting me and being in general abusive. He calls me names all the time I just ignore it. I believe my daughter will benefit from having her father in her life and that he will be a great father. I have encouraged him constantly but all he does is disappear. He goes for at most a couple of months each time. I have paid for everything he hasnt even came to one appointment now he is threatening to take my daughter off me because I am unemployed and he earns good money. He has made stupid threats to strangle me and shoot me general idiocy. I just wanted to know if the courts would seriously grant him full custody of my daughter based on him having more financially to offer. I am greatly stressed about this and have been unable to 'enjoy' being pregnant and bonding with my daughter. She is due in 2013. I must add he hasn't even physically seen me since he got me pregnant and refuses to do so. If anyone could help with my ridiculous circumstance?
kaylee 16/10/2012 at 9:23 am
Due to my working condition and upon the convenience of the living arrangements of my 3 kids ,i gave the care to my ex husband during our divorce,things have changed now i have a more stable job .can i gave go to court to get care of them now,do i have a chance of getting the kids to live with me now
Sarah 05/10/2012 at 2:35 pm
I have a friend whose husband won sole custody of their children a couple of years ago. They reconciled not long after and moved back in together. Things have changed again however and she is feeling trapped in the home and is now worried for her and her daughters sake. Could somebody please tell me if I'm right in thinking that the residency order is now void because they live together again? Or can she apply to have sole custody of the two children? Thanks
JUST-GREAT 04/10/2012 at 3:34 pm
Your wife has an affair so you loose the house and the kids. I am the newest of 8 blokes I know from being dads at 1 school that this has happened to. You work hard until your mid forties and your wife takes everything you have away from you. Sets up home with a new bloke takes your kids and tells you to work hard to pay the maintenance. Tell any bloke that is getting married what might happen to them, you owe it to your fellow man.
Jay 07/09/2012 at 3:25 pm
Please Lord dont take my babies away from me as well.
Since my wife admitted haveing an affair earlier this year our marriage as gone down hill. I have recently filed for divorce after discovering she is involved in her second affair and we are not even divorced yet.
Now my main concern is for our three little girls they are my life.
My wife has distryed our marriage with her infidelity, lies and deceipt. Showed no respect for her status of Mummy to our little girls by affairs with 2 different men to date to my knowing. She now has the ordasity to dictate to me when I can have the girls staying with me and when I cant ( all days worked out for her personal convinience) she is pushing me out of the childrens daily life. She claims all benefits for the children and has never offered me anything and has the cheek to ask me for half to their new school uniforms when she claims every possible benefit she can for them and knows she has reduced me to haveing to claim sickness benefit due to the sheer stress of what she has put me and our children through and on principal I have not given her money for uniforms. She will not try to contain herself in front of the children and causes arguments at the drop of a hat and as even resorted to yelling at our 5 year old twin daughters " Your Daddy is trying to take you away from Me". This is so far from the truth because I know our girls love their Mummy and I would never stop her seeing them when she wanted or they wanted. But hence because of my wifes lies & deceipt and constant threats to take our children and relocate in her home town 40 miles away I cannot trust that she will always allow me to remain constant in our girls lives especially if she moves away. She has forced me into a position where I feel I need to try and win full custody of our girls and I have advised my solicitor that this is now my wishes.
My fears do not only lie in the area of how far she will try to push me out of the childrens lives but I also have worries about her emotional health and stability as approximatly 12 mths ago she tried to kill herself by running into the path of oncoming cars. I am also worried over her methods with diciplinning our girls who are twins of 5 years old and our baby 2. Approx 8 months ago one of the twins bit the baby, my wife's way of teaching our little girl not to bite was for her to bite the arm of the offending child leaving a blueish/red bite mark on the little arm of our child. I was not there at the time and have no evidence of this event but my wife told me what she had done and I was appalled with her.
Would really be gratefull for any advise about my hopes for getting custody of our girls. I dont want custody in any way to prohibit my wife from seeing the children when she wants but I now believe through her constant deceipt she may take away from me all that I have left that I love if I dont try to stop her.
Sunny 29/07/2012 at 5:02 pm
My wife has suffered from depression for 9 years now and I have remained by her side and done my best to help her through. She has tried to commit suicide on 3 occasions and she was recently told that she was mis-diagnosed all those years ago. She is apparently bipolar and may have a personality disorder. The thing is, my wife turned to me in March and told me she didn't want to be with me. After all these years of being there for her, she discarded me like a dirty tissue.We have 2 children and I have bought up our eldest who is from my wife's previous marriage. My wife became extremely nasty towards me where she threatened to take me for every penny I have. She then flew off to Nepal at the end of June leaving me with the children. She has maintained minimal contact but it appears as though this will turn into a messy divorce where I lose everything, more importantly, my eldest who she now holds to ransom as I'm not his biological father. Her mental health team have expressed concern about the children. I am the bread-winner, she suffers from mental health issues and now she has left for a month on holiday dumping the kids here. Apparently, no one has a right to judge her but I'm hoping her behaviour will really assist in me getting my children if I applied for custody.I have been through the mills recently but reading comments left by you guys gives me the added strength to push on. I was unsure whether I would get custody of my children, I am a little more optimistic now.
wakey 05/07/2012 at 10:22 pm
Hi, I am just starting the seperation process with my (Ex) partner, sadly she has been battling with mental health problems and recently drug problems too.
Social services have been involved for some time (Self referred) and the baby boy is due on the 8th october.
My partner has just been released from a mental institution, and sadly there is not been much improvement in her health.
Things have been unsettled for a while due to her impulsive actions and i have had to start considering a application for parental responsibility to be passed to me at birth. Its a heartbreaking situation to be in, but sadly i have had to wake up and realise that the mother is far too emotionally unstable to safely bring up a child alone.
I have a meeting booked for next week to put my concerns and plans accross to social services, whom are already well aware of how unstable the mother is.
This is soooo far away from what we originally planned, but her circumstances have just completely spiralled out of control, and her actions can only be viewed one way "unacceptable" But it doesn't make things any easier because i love her dearly. Sadly i had to tell her my plans today, and it has destroyed her. Its a cruel world we live in, but i'm damned if i do, damned if i dont...
Gavin 30/06/2012 at 8:51 pm
I have had my son living with me since my ex wife and I split up. For the last 3 years he has been living with me and she has seen him less and less. I am lucky now if she sees him once a month when she will have him overnight. During this period she has always lied about working and never given me a penny to support our son (not that I would require it as I am just so happy to have my son with me) Recently she has moved in with her boyfriend and I really do not like the idea of my son staying in the same house as him. I know this might sound jealous, but he is very controlling and takes drugs, which my ex has now started doing as well. My son is often left to his own devices by them and at 5 I believe he requires at least some basic supervision. I have been hesitant about trying to gain a legal recognition of my status as Primary carer. If I did try to gain legal custody would it be possible for me to prevent him from staying overnight at his mothers house? He has often come back with injuries and I am concerned that something more serious may end up happening.
chez 05/06/2012 at 12:20 pm
i am a stepmother to my fella son, we currently have shared custody for the 6yr old between his birth parents, im seeking advice as im worried for my stepson, his mothers partner killed himself drink driving almost 1 yr ago and now she is extremely close to an emotionally/mentally break down, she drinks very heavily, takes drugs regularily and has also tried to commit suicide herself , i believe she needs alot of help to get her back on track as when she is sober and of sound mind she is a goodmother and id never want to take that away from her but for however long it takes i want him to live with us just so he has love and stability in his life, he is a brilliant child , could never ask for a more well-mannered loving little boy , ive had a look on websites for advise on applying for custody but coming up empty handed , if anyone has experienced a similar thing in the uk i would much appreciate some insight to your experience so we know what we may be getting in to.

many thanks to all that respond
andy 15/05/2012 at 2:43 pm
I just want to know why women get away with everything and us men get the knife in the back.I have not seen my girl for 2 years I had a contact order in place which she went failed to meet got me locked up in a cell and I then lost my job with to much time of.
Lovedad 08/05/2012 at 3:35 pm
My daughter is a bright 7 years old who is currently living with her mum, we have been divorced for a year now but me and my partner who are planning to get marry soon want to get custody of my daughter. My daughter loves my partner and her young boy who is of the same age. She told us on many occasions that she would love to live with us rather than with her mum. Her mum once threatened her that if she goes away with me on holiday she will abandon her from entering the house. On daily bases I receive phone calls from my daughter expressing her frustration and sadness at her mum's house asking me to take her to my place instead. Is it possible to get a custody of my daughter on the bases that she is not happy or comfortable staying with her mum?
Interested 30/04/2012 at 12:32 pm
I am in a relationship with the Dad of my Baby Daughter , we are getting married next year and have his 2 sons every other weekend. It has become more and more apparent that the boys are very unhappy with home life one goes from flying off the handle over something stupid to collapsing in my arms sobbing. We keep getting told stories about his ex who is drinking every day and tells people as well as us seeing this for our own eyes we also know she takes drugs we know this from picking up the boys and being able to smell wakey baccy from the car when the door opened ! We want to get full custody of the boys but my partner is scared that if he is unsuccessful she will stop him seeing them at all and there home life will get even worse. We really need some advice we are ready to do what it takes for them to have a better life and we know thats with us but don't want to risk losing them altogether help
jojo 12/04/2012 at 8:23 am
Hi, I am a grandmother my daughter had a baby when she was 15 her boyfriend hit her when she had him in her arms he was not hurt thankgod, so I had a care order to look after him for 10 months,he is a very happy boy went to court they took him into care my heart is broken as well as my daughter,s.the cafcass done a report on me look back into my passed from 20 years of my life just beceuse my other children didnt go to school hardly in there last years went against me how far back in your past can they go.i done every thing they ask me to do its just so unfair what happen to human right please help me my heart is broken I have be victormize by them.
Hmmmm 12/03/2012 at 10:03 am
"If I managed to find a way to pick them up on Friday how would I stand with not taking them back to her on the Monday?"Don't do it Dave. She may be inconveniencing you, but not returning the kids would be regarded as kidnap, regardless of the situ, and you could lose custody altogether.
chelle 24/11/2011 at 3:49 am
My kids have temporarily been removed by dhr because I went through a depressive state and attempted suicide. my sons father is taking me to court for visitation / custody he has been in contact with his son but at times he would beat me in front of his son and has a record of d.v against me and a drug charge I am very afraid of him my kids are still away under dhr but still in my custody, I am better now and taking meds for depression. will the judge grant him custody.
Graham 31/07/2011 at 6:35 pm
I was divorced in 2002 and gained sole custody of both sons - there was an access order but the ex wife never turned up at all (I informed the court).I put in a claim to the CSA and even supplied them with her accounts for 2 years as she is self employed clearly showing her earning £500 each week on her own and not including her new partner's income. My claim was turned down as she stated that she only earns £42.50 a week (even though she owns 2 properties - 1 she rents out ( joint value is over £500,000). Obviously all she has said is a pack of lies and only the CSA could believe her. Is there any way I can claim back off her what she should of been paying for the last 10 years.
Dave 13/07/2011 at 7:21 am
My ex wife has custody of my two children. I have access to them every other weekend. We have found out from my daughter and family members who read Facebook that she swears and hits my daughter also she has even gone so low as to only feed them bread and butter for their dinner. This weekend is meant to be my weekend with the children but we could not pick them up from school on the Friday I told her this on the Monday prior to the Friday. She came back with I am busy this weekend I have prior arrangements that cannot be changed, you (ie me) have Parental responsibility to pick them up and she will not change her mind. If I managed to find a way to pick them up on Friday how would I stand with not taking them back to her on the Monday?
MommyOf3 12/06/2011 at 12:32 pm
I split up with my ex partner 3 years ago. We have a 5 year old daughter together. I stopped him from seeing our daughter because he was unfit, still is. Well he took me to court & he got a contact order so he could see her. Wasn't happy about this but it was out of my hands. I am very concerned for my daughters welfare while she is in his care, she isn't looked after properly. I am more concerned about her being around the fathers girlfriend. She's a nutter. Her family are all nutters. Need my daughter well away from them all. How do I get full custody of my daughter??
Pete 03/06/2011 at 10:16 pm
I hope everything works out for you TimT.
TimT 28/05/2011 at 3:45 pm
Recently I've had my children placed with me by social services it seems that mother had been regularly physically abusing them with various implements. The latest was particularly horrific which resulted in my children being hospitalised and then giving video testimony to the police. She's bailed on suspicion of assualt and case has been referred to the CPS. Would be interesting to see if she pays me maintenance (albeit at a lower rate) first of every month, but although she earns more than me she's self employed and a creative accountant :o(. Difference between us (and I'd guess with many Dads?) is I'd happily have custody of my children and not want a penny from her. The important thing is that they seem happy and are at an age where time should see them recover and the fear in their faces ease when they do anything wrong :O)

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