How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask plclegal Your Own Question
plclegal, Barrister
Category: Family Law
Satisfied Customers: 3052
Experience:  Barrister at law
Type Your Family Law Question Here...
plclegal is online now

I’m a father of two kids 3 and 4 years old. We are all

This answer was rated:

Hi I’m a father of two kids 3 and 4 years old. We are all currently living together with their mother. The mother has mental health issues and is struggling with alcohol abuse but lays in bed days on end.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: My queudtion is can I move out and have custordy of the kids or is the law less clean cut than that
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: no papers as yet
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: no I don’t think so thanks
Customer: replied 9 months ago.

Hello, my name is ***** ***** I am here to assist you today. I am just going to review your question.

Customer: replied 9 months ago.

I just need to confirm that you have parental responsibility (named on the birth certificate)?

Customer: replied 9 months ago.
I’m on the birth certificate

Great, thanks. Ok, then if the mother does not agree to you taking the children and assuming the role of main carer away from her, then you will ultimately need to make an application to court for a child arrangements order. This is via form c100, downloaded from the .gov website. There is a requirement to have attended a mediation session prior to making the application to court. However, from a practical perspective, you would be able to simply take the children at this stage and apply for the order/ mediation later. If the mother made an urgent application for you to return them it would be fairly clear to the court that you have had good reason to take the steps that you have in moving out. You would obviously have to consider the issue of contact with mother, and how this can be managed, particularly if there are days when she is bedbound and obviously unable to care for the children.

Customer: replied 9 months ago.
Brill thankyou

My pleasure. If you can take a second to rate me with 5 stars I be credited by the site for assisiting you today. You can also always come back to me if there are further questions at a later date. Many thanks! Peter

plclegal and other Family Law Specialists are ready to help you