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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My boyfriend does not have custody of his children. His parents

Customer Question

My boyfriend does not have custody of his children. His parents have guardianship because the mother had them taken off her. I wondered what road he would have to take to get custody of them?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children and why were they not placed with him?
Clare
Customer: replied 2 years ago.

they are 6 and 8 years old I believe. They are not placed with him because when they were taken off the mother , he decided not to fight for custody as he was living elsewhere with a new partner, his parents won the court case of legal guardianship. he is moving to Australia for 12 months with me this coming April, but I wondered what road we would have to take when we get back if he decided he wanted to fight for custody. I have enough savings to be able to put a deposit down on a house and he has a job to pay for a mortgage, would that work in out favor too?

Expert:  Clare replied 2 years ago.
Hi
What contact does he have with the children?
Clare
Customer: replied 2 years ago.

He lives with them now as he moved back up to where they live and lives with the children and his parents.


 


Shelley

Expert:  Clare replied 2 years ago.
Hi
Does he expect problems when he returns from Australia?
Clare
Customer: replied 2 years ago.

Hello, as in what problems?


 


Shelley

Expert:  Clare replied 2 years ago.
Hi
Does he expect his parents to wish to keep the children?
Clare
Customer: replied 2 years ago.

At times his parents do state to him that he will never get his children back, but I believe that is to make him change his ways. Apparently the mother of the children has no chance of getting the children back. In all honesty I am looking for information on what he has to do to fight for them but also i'm looking for information on what i'm getting myself into regarding this issue?

Expert:  Clare replied 2 years ago.
Hi
What ways do they want him to change?
Clare
Customer: replied 2 years ago.

Hi, perhaps to start taking responsibility?


 


Shelley

Expert:  Clare replied 2 years ago.
Hi
There is nothing that can be done until you and your partner return from Australia
He will then have to discuss matters with his parents and restart a regular pattern of contact building up to include overnight contact
At that point your partner will have to decide whether or not it is in the interests of the children to disrupt their existing routine - or possibly negotiate a shared care arrangement.
If no agreement can be made then he can make an application to the court for a Residence order - but he will have to show that the change is indeed in the best interests of the the children
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you, what would this include? how would he need to prove that it is the best interests of his children?

Expert:  Clare replied 2 years ago.
Hi
By the time he returns the children will have been settled with their grandparents for many years after what was clearly a very rocky start.
Your partner was not prepared to step up and live his life centred on his children then and indeed is still not willing to do so at the moment
So he will have to show what it is that he can offer the children in terms of stability and safety and a better life
Clare

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