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michael holly
michael holly, Family Solicitor
Category: Family Law
Satisfied Customers: 6822
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
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My daughter is moving out of the family home due to many arguments

Resolved Question:

My daughter is moving out of the family home due to many arguments with her husband. They have proviosionally agreed between them joint custody (or residency) of their children. However her husband has now threatened to take her to court to gain sole custody of the children. Can he do this?
Submitted: 2 years ago.
Category: Family Law
Expert:  michael holly replied 2 years ago.
There is nothing to stop him making such an application to court but whether it would be granted is an entirely different matter.
As far as the courts are concerned it is the child's right to live with or see their natural parents and as such they would not grant him sole custody lightly where joint residency has been agreed and is a workable option.
These threats are often made to wound as husbands know how hurtful such a threat can be to a mother.
I hope this helps. If there are any further points please reply.
Best wishes
Michael
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