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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8302
Experience:  Barrister at law
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How does someone go for custody of their children, No my

Customer Question

How does someone go for custody of their children
JA: What steps have they taken? Have they filed any papers in family court?
Customer: No my granddaughters husband want joint custody he wants the children for 2 weeks and my granddaughter have them 2 weeks or has upsets the children as they are not settled anywhere
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your granddaughter live in?
Customer: We are in Ipswich Suffolk england how do we go about it
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I dont think so, he has told the maintenance people he has the 4 nights a week which he doesn't so they have cut her maintenance down
Submitted: 15 days ago.
Category: Family Law
Expert:  plclegal replied 15 days ago.

Good morning.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Expert:  plclegal replied 15 days ago.

Is there any formal arrangement or court order in place at all, or just an arrangement between themselves?

Expert:  plclegal replied 15 days ago.

Hello. Without the information I asked for, I can only give you a general answer, but I hope this helps. You can always come back to me for clarification if needed.

Mediation has to be the first point of call as it is a legal requirement prior to issuing an application in the family court.

Normally you have to start this process by attending family mediation - see here for a link to find your local mediator:

http://www.nfm.org.uk/. Assessments are usually around £30-£40, and the mediator will advise as to how many sessions might be required. Mediation is a collaborative approach and allows you to talk through issues and concerns in a safe and protective environment.

Following that, if the mediation does not succeed in a successful agreement, you can apply to the family court for a child arrangements order (see below description), setting out the living arrangements and contact arrangements that you would like to see.

Urgent Application:

If you are concerned that your child would be at risk of harm in the other parent's care and there is a risk that they will try and remove them from your care if contact is not agreed, you could consider applying for a prohibited steps order to prevent your child being removed from your care. For this type of application

You would apply on a c100 form, here:

https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

You send 3 copies of this form to the local family court centre.

Alternatively, you can apply online:

https://apply-to-court-about-child-arrangements.service.justice.gov.uk/?utm_source=formfinder.

Child Arrangements Order:

The same form allows you to also apply for a child arrangements order. Here you ask the court to set the ground rules for contact, such as time, frequency and how and where it should take place, whether it should be supervised or not, that sort of thing.

So the c100 form is for both a child arrangements order and a prohibited steps order and you can make both applications at the same time.

There will be a court hearing after you apply and a family court adviser will be there in attendance too (from CAFCASS).

The application costs £215.00, and you can represent yourself so you don't need to engage a lawyer. You can also possibly get a fee exemption if you are on low income/have low savings.

For this you would need to fill out a fee exemption form: http://www.gov.uk/get-help-with-court-fees

I hope that this helps you today?

Expert:  plclegal replied 15 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

Expert:  plclegal replied 15 days ago.

Kind regards.