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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Me and my husband are not legally married recently my husband

Customer Question

Me and my husband are not legally married recently my husband has been charged with common assault against myself and still waiting to go court,at the incident my five year old daughter was present after the assault he snached my daughter of me and slammed her in to his car some people passing by saw this and took her out from the car roof and passed her to me now can I apply for full custody
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

Is he on the birth certificate?
Customer: replied 4 years ago.

yes

Expert:  Stuart J replied 4 years ago.
Can we have the full detailed background please?
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question I shall do my best to assist you
The fact that he has tried to remove the child from your care already means that it is likely that the Court will grant you either a Prohibited Steps Order to prevent him removing the child from your care, or a Residence Order stating that the child lives with you - or both if you request it
This is done by completing a Form C100 - available here
http://www.thecustodyminefield.com/CourtForms/C100.pdf
and paying the fee of £215 - unless you are exempt - you can check here
http://www.justice.gov.uk/forms/court-form-finder?sq_content_src=%2BdXJsPWh0dHAlM0ElMkYlMkZobWN0c2Zvcm1maW5kZXIuanVzdGljZS5nb3YudWslMkZjb3VydGZpbmRlciUyRmZvcm1zJTJGZXgxNjBhLWVuZy5wZGYmYWxsPTE%3D
There is a guide to what happens here
http://www.crane-staples.co.uk/images/forms/Factsheet-Children-Section8_Orders.pdf
I hope that this is of assistance - please ask if you need further details
Claire