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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Is there such a thing as custody joint or sole in the uk anymore

Customer Question

Is there such a thing as custody joint or sole in the uk anymore I divorced 4 years ago and was told it would automatically be joint giving him the right to my son or so he says 50 percent of the time but he lives far away and demands him last minute for weekends and expects me to drive 5 to 6 hours round trip. He is bullying and threatening if I do not give into his demands and with no schedule and two step children with whom we have a set schedule it is very hard. I do not want to stop him seeing his father but have some control to organise our lives around joint schedule not just his he also travels a lot. and also to stop his threats. My son lives and goes to school near me he is 8. Also is there such a thing as primary carer does it mean anything ?
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
The phrase 'primary carer' does not really mean very much in court. If there is a dispute about children then the parents will need to consider mediation (something called a MIAM) and then a child arrangement order. If the child has been living with you throughout then then the court are likely to allow this to continue but the court's paramount consideration is the child's welfare. Do you have any more specific questions? Please rate positive.
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is Clare and I shall try and give some practical assistance

Custody - Sole or Otherwise is not a word that has been used by the Courts since 1989 when is was replaced by the words "Residence and Contact" to represent which parent the child actually lives with and what time he or she spends with the other parents.

In turn these words were replaced two years ago with the word "Child Arrangement Order" to indicate that the child remains the responsibility of both parents - although they may spend more time with one than another.

There is NO automatic right to have any time with a child - let alone 50% of the child's time.

It is the right of a child to see both parents and the courts will enforce this if necessary

The priority is the needs of the child - which is for a routine of contact that works for the child AND both parents

Last minute weekends with long distance travel is not reasonable - and travel should be shared - with you taking on slightly more than half if you are the one who moved away

If your ex continues to threaten then offer to discuss matters using Family mediation

www.familymediationhelpline.co.uk

if that fails then offer a pattern of contact that fits with the child's needs and is a reasonable compromise with your ex's work and say that if he does not want that then court is the only option.

Please ask if you need further details

Clare

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