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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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what do i need to do to obtain full child custody as the mother

Resolved Question:

what do i need to do to obtain full child custody as the mother
?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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 is the child, is the father named on the birth certificate and what do you wish to know?
Clare
Customer: replied 3 years ago.

My child is 2yrs old. His father not on birth certificate. He has been in and out of childs life..i have tried to give him access but he is emtional ababusive towards me and inconsistant with needs if the child. He was made pay maintence in 2013..which he then became interested but no consistancy. He has aplied to court for access and parental responsibilty now. However i now realise i cannot protect my chikd if he is kidnapped by his dad (as he said to me) unless i full custody from the court. I also want to be able to movr out of the city i am in where hus dsd lives as i was not living here before i was pregnant and wish to move now im back working...so does all affect it too?

Customer: replied 3 years ago.

i wish to know given the info below.. what will i need to be granted full custody and residential living.. as i am very worried about this. also i will want to move cities soon and can he stop this?. Prior to pregnancy i was in Hertfordshire (now in Leeds) and wish to leave Leeds now my son is a little bigger and i am recovered from my operation from the baby. ( not sure this was all clear in my last reply. I want to be seen favorably in the courts eyes


 

Expert:  Clare replied 3 years ago.
Hi
Has the Court actually granted him Parental Responsibility?
What contact has the father had and what is he asking for?
Clare
Customer: replied 3 years ago.

not yet.. i have a my first court hearing may 13th so nothing granted yet.. (i have applied for mediation in the meantime)


 


The father has had about 6 occasions ( 3 of which he was consuming alcohol) of contact in 26months . He wants access ( expressed to me he wants access alone without me to take him to his parents home which I DO NOT WANT) and parental responsibility.


 


Do i need get full resident and custody order first? to ensure the baby stay with me.?

Expert:  Clare replied 3 years ago.
Hi
There is no longer any concept of Custody and has not been since 1989 and as o f last week the word Residence is not being used either
At the moment only you have Parental Responsibility which means that you are the only person who can be involved in decisions regarding your daughters care.
IF he is granted Parental Responsibility you would have to consult him on any major issues - such as school and medical issues but unless the court states otherwise the Child will continue to live with you BUT if he does have the child in his care then you can simply take the child back
Accordingly if your ex threatens to remove the child from your care if he does have Parental Responsibility then you can ask for the Court to state that the child lives with you - the old Residence Order.
However even if the court does state that if you wish to move a long distance your ex can apply to the court for an order preventing you from doing so unless and until the Court has considered whether or not the move is in the nest interests of the child
With regard to the issue of Contact I suggest that you offer contact at a local contact centre where you can be sure that the child is safe but you will not be present
I hope that this is of assistance - please ask if you need further details
Clare

Customer: replied 3 years ago.

Will be hard at this moment for more x to be granted parental responsibility or will it be automatically given as he asked.. as to date he not shown consistent involvement in the child life. Is there anything i can do to stop parental responsibility as i am aware there are a lot family influence (his) on this matter which has caused much distress and the initial breakdown of the relationship while pregnant. I have no objection to him seeing his child and building a relationship that's healthy.. but very worried my x family will cause problems as they have issues with me and my family. my concern is that me and the father do whats right for the child.. not having interference that's affects my child's emotional well being and ultimately mine as his mother

Expert:  Clare replied 3 years ago.
Hi
How likely is it that he will commit to a regular pattern of contact?
What are your fears regarding his family if he has PR?
Clare
Customer: replied 3 years ago.

He may well commit just so that his family meet my child. My fears sre that that his family have isolated me in my community and my family members too by making lies up on my character and whether the child was his fathers. They have made a huge issue on me not being married and pregnant. They have also been verbally abusive and thus would hatm my sons emotional development on bond with me and as a person with people speaking and behaviouring this way towards me. Also made un acceptable statements regarding my father is deseased

Expert:  Clare replied 3 years ago.
Hi
Would you be willing to offer Contact at a Contact centre so that you know your child would be safe?
Clare
Customer: replied 3 years ago.

Possibly..

Expert:  Clare replied 3 years ago.
Hi
The issue is whether or not your ex is actually willing to make a commitment to the child
Is he actually willing to turn up every week/fortnight at a Contact Centre and build a relationship with the child
If he is and does then yes he may well be awarded Parental Responsibility
Clare
Customer: replied 3 years ago.

What can i do to delay the parental responsibilty....or how long does he have to keep up regular contact before he can apply for PR

Expert:  Clare replied 3 years ago.
Hi
You simply say that you want him to show commitment to the child and ask for a review after six months.
In any event ask the Court to state that the child lives with you - then you have no reason to worry about PR anyway
Clare
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