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Ask MARCUS Malin Your Own Question
Category: Family Law
Satisfied Customers: 610
Experience:  Consultant Solicitor at Setfords
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I just need some advice as I am currently with a partner who

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Hello, I just need some advice as I am currently with a partner who has a man slaughter conviction - he had a fight at 17yrs old and the other person died - my partner served 14 yrs in prison and is due to be released in September - he is in an open prison and attends uni everyday and is about to graduate with a masters degree - eventually we will live together but I have a 6 yr old daughter and my ex husband is trying to say he will go for full custody of her because of my new partner and his conviction. He is of no threat to anyone at all, now I left my husband because he was violent to me and my daughter and I believe he has a personality disorder - I work and provide for my daughter I own my own house etc can u tell me what the likelihood is that he would succeed on gaining full custody because of my partners conviction please ?Many Thanks ***** *****

Hello Leah,

The starting point is that your daughter would remain in your care.

Residence of your daughter would change in exceptional circumstances.

If father did apply to the court then on balance your partner would not be permitted to live in the same house as your daughter until there has been a risk assessment carried out on your partner. I am sure that whoever prepares the risk assessment, most likely CAFCASS, would speak to probation as regards ***** ***** rehabilitation. I would be looking for acceptance on his part and genuine remorse etc. The non acceptance of the conviction could be a concern.

Also they would be interested in your view of the offending. In short you cannot be seen as minimising your partners conviction or making excuses for it.

If the risk assessment goes well then you should not have any difficulties.

I would also just comment that the conviction is not everything. At present your relationship is untested and likewise your partners liberty and how he reacts is an unkown. So just be minded to these issues and how they will be addressed and at the very least recognised by you.

I do hope this helps.

Thank you.


Customer: replied 8 months ago.
Thanks Marcus - you havnt said anything on him being able to go for custody if he was absuive though - I need to know where I stand with that and could I order that a personality assesment was completeed on my ex husband as I believe he has bipolar or a personality distorted ? In regards ***** ***** partner I don’t for one minute excuse what he did, he was 17 and it was a fight that went wrong I have to look at the person he is now in the man he’s become - thanksLeah

Hello Leah,

Sorry I should have commented on that as in honesty on the basis all is good with us then it is academic.

However, for the sake of completeness I can assist with that though. I presume contact currently takes place?

The view of the court is violence is not an automatic bar on contact / custody unless of course the child is at risk as you inferred. What the court look for - along the lines as my previous advice for you - is an acceptance by father that his behaviour was inappropriate and he has taken steps to redress his behaviour. If he denies or belittles his actions then the courts consider this a failing.

As I say though in the first instance consideration to a change of residence would only be the case in exceptional circumstances and as a result of your failings - but I am sure that would happen.

Thank you.


Customer: replied 8 months ago.
Ok thank you Marcus

Hello Leah,

One thing the court genuinely love nothing more is someone who turns their life around as your partner has certaintly done so.

I do hope all goes well.

If you need any further help please do not hesitate to ask.

Thank you.


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