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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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My son and his partner have decided to split but they have

Customer Question

My son and his partner have decided to split but they have two young children whom my son does not want to leave in the care of their mother. Would he be able to split custody on at least a 50/50 basis?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Yes, this is possible if they are both able to keep to such arrangements.
I would suggest that their first point of call is to discuss this directly with each other to reach an amicable agreement. If their discussions do not end in an agreement, then a referral to a local mediator should be made (you can find them here: familymediationcouncil.org.uk) who will assist them in reaching an agreement. If mediation is unsuccessful then your son should pursue an application to court so that the court can make a decision that is in the best interests of the children.
Please let me know if you have any further questions regarding this.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I have been a family lawyer for more than 30 years.The key to this issue is how is the care of the children shared between them and what concerns your son has about his partner's care of them.In the event that parents cannot agree on what the future arrangements should be then the first concern for the court is whether or not there are any "safeguarding" issues involved that would place the children at risk.If there are none then the next thing the court will look at is how were the children cared for in the past - so if mum has been the one who does the day to day care then it is likely that she will have the children more of the time - or if dad has been a stay at home dad then they will spend more time with him Hopefully the court will not have to be involved at all - your son can find out a lot more on this websitehttp://theparentconnection.org.uk/Clare
Customer: replied 1 year ago.
Hi ClareThank you for your response.At present the mother looks after the children during weekdays and my son helps evenings and weekends. Two evenings and every Sunday my son has sole care of the children as their mother works.My son and I are concerned as the children's mother finds it hard to cope. She has no routine for the children, they often eat just biscuits and chocolate, they have no supervision over washing and cleaning their teeth and subsequently do not bother doing either. They have never been to a dentist, the eldest who is 8 should wear glasses but lost them several months ago. When my son mentions these things to the children's mother she just starts a row but nothing changes.Karan
Expert:  Clare replied 1 year ago.
Hi KaranHave school raised any issues?
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
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi ClareAs far as I am aware, the school has only raised one issue with having no breakfast and an issue with her being late when she only lives across the road.
Expert:  Clare replied 1 year ago.
How old are the children?
Customer: replied 1 year ago.
They are 3 and nearly 9
Expert:  Clare replied 1 year ago.
Hi KaranIs there any reason why your son could not take them to the Dentist and the optician?Clare
Customer: replied 1 year ago.
He is at work
Expert:  Clare replied 1 year ago.
How will he mange if he has the care of the children?(sorry I do not mean to sound brusque - it is the kind of point a court will make)
Customer: replied 1 year ago.
I would help him. At present they are trying to make the relationship work so am now just looking at his options should they decide to call it a day.
Thank you for your assistance.
Expert:  Clare replied 1 year ago.
To maximise his chances of having the main responsibility for the care of the children in the future your son needs to increase his responsibility for it now whilst they are still together.This means establishing washing and bathing routines in the evening - and in the mornings when he is there He should make the various appointments necessary and arrange for you to take them if he cannot do soHe needs to ensure that he attends all teachers meetings - and that he checks homework etc.If he does this whilst he is together a shared care arrangements will be much easier to establish in the future