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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 daughter has separated from her boyfriend after a 10 year

Resolved Question:

My daughter has separated from her boyfriend after a 10 year relationship on and off they have 2 children and he has been in recovery from drugs for 3 years.
He has now said he wants to go for joint custody of the children, is there any way a court would allow this to happen?
The children have a stable home there Mum works part time, they are 6 and 8
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 what is he actually asking for in terms of contact with the children?
Clare
Customer: replied 2 years ago.

As I wrote the children are 6and 8.

He is asking for joint custody so they live with him half the week.

He currently has them on a Saturday afternoon until Sunday afternoon every week....he ddi use to see them on a Wednesday night at her house but he has stopped coming

Expert:  Clare replied 2 years ago.
Hi
What is the longest time he has had the children in his care to date?
Clare
Customer: replied 2 years ago.

2 days

Expert:  Clare replied 2 years ago.
Hi
Then Please do not worry.
In fact there is no longer any such concept as "joint custody"
Both parents have Parental Responsibility for the children (assuming that dad is named on the Birth Certificate) and the right to be involved in all major decisions in the child's life.
the Court can make a Child Arrangement Order stating what time the children spend with each parent - but there is no assumption that the children should share their time equally between their parents - and there is little chance that the court would order it in this case.
If he has suitable accommodation then alternate weekends Friday to Monday, one night in the week and half of all school holidays would be a likely option - assuming that he does not relapse of course
Please ask if you need further details
Clare
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