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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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 son is separated from his ex girlfriend. They have a 7

Resolved Question:

My son is separated from his ex girlfriend. They have a 7 year old daughter. No formal custody arrangements have ever been put into place but the child lives primarily with her mother and her father has her sleep over 3 nights a week. However, he is worried for his daughter's safety and would like full custody of the child. What is the route he should take?
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.
Why is he now worried about her safety - what has happened/
Clare
Customer: replied 2 years ago.

Hi Clare

He's worried because his daughter was diagnosed with type 1 diabetes in the past year and his ex is not managing the condition as well as she should. The child's blood sugar readings are not kept stable and she has been taken to hospital recently in an ambulance because of that. The child's mother also drinks far too much and takes the child to the pub with her. To make matters worse the mother now has a new boyfriend who my son describes as an alcolholic.

Carole

Expert:  Clare replied 2 years ago.
Hi
Have Social Services been involved?
Have the school raised concerns?
Clare
Customer: replied 2 years ago.

My son contacted social services last week. They took details of his concerns and said they would raise a report but didn't have any immediate concerns for her safety. But the point of my questions are that he would like to apply for main custody if possible but at the very least joint custody. He can't afford legal representation. What should he do?

Expert:  Clare replied 2 years ago.
Hi
He already shares her care as he has the child three nights a week so there is already a shared care arrangement - what changes does he want the court to make?
Clare
Customer: replied 2 years ago.

He wants full custody. But even though he has the child 3 nights a week it's always up to the mother whether she chooses to let him have her. A court order would make it formal that she couldn't change, is that correct? If he wants full custody, how does he go about that? Does he need to employ a solicitor.

Customer: replied 2 years ago.

He wants full custody. But even though he has the child 3 nights a week it's always up to the mother whether she chooses to let him have her. A court order would make it formal that she couldn't change, is that correct? If he wants full custody, how does he go about that? Does he need to employ a solicitor.

Expert:  Clare replied 2 years ago.
Hi
There is no longer any concept of "custody" in Uk family law - whether joint or sole.
Parents are expected to decide together how a child will share his or her time between them - and if no agreement can be reached then one or other parent needs to apply for a Child Arrangement Order dealing with the matter which can then be enforced.
If his ex has a history of changing the contact times at short notice this could be a good reason for making an application to the court.]
If neither Social Services nor the school have concerns about the mother's care of the child then it is unlikely that the time the child spends with your son is likely to be increased - but if the hospital raises concerns then that woudl assist.
The starting point for any potential court application would have to be Family mediation
www.familymediationehlpline.co.uk
so that your son should arrange that as soon as possible
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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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