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ivorylounge
ivorylounge,
Category: Law
Satisfied Customers: 33884
Experience:  Barrister at Self Employed Barrister
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I want to know more about the chances of success in fighting

Customer Question

I want to know more about the chances of success in fighting in court to maintain shared custody of my 2 young kids, aged 7 & 9. Over the past year, I have caught my ex lying about me and manipulating the kids against my decisions. I believe there’s a lot of alienation happening. But I’ve been advised I have little chance as both my children now say they want to spend more than 50% with their mum, they’ve obviously been given this option by their mum, and so she’s now taking me to court for it, before I got a chance. She’s been taking them from school on my days and causing a lot of drama. When I have the kids she calls them up and asks them who they want to stay with that night, they always choose her. She has a one year old baby. And my kids have finally told me they feel left out and jealous that the baby gets to spend more time with their mum than they do.
Submitted: 3 months ago.
Category: Law
Expert:  ivorylounge replied 3 months ago.

Let me see if I can help. How long has the 50-50 arrangement been going for

Customer: replied 3 months ago.
Over 18 months
Customer: replied 3 months ago.
She has not ticked any of the boxes expressing welfare concerns. She has also applied to move 2 hours away, and asking for more custody.
I have my own concerns of the children’s welfare since they are always ill with colds when I see them, she doesn’t have a bedtime for the kids, which used to be a long standing dispute of ours when we were together.
Expert:  ivorylounge replied 3 months ago.

The children's wishes and feelings are but one factor which the court would consider in such an application. The court's key is the welfare of the children and if this is working then this will also be a key factor - the status quo particularly where there allegations of parental alienation and also of seeking a move so far away. I would stick in an application for a prohibited steps order to seek to prevent the move. I would also suggest that you might wish to pick up a copy of How to Represent Yourself in the Family Court as this helps with the process and what you need to do - I have attached a link its about a tenner on Amazon - https://www.amazon.co.uk/d/Books/How-Represent-Yourself-Family-Court-understanding-resolving/147211910X

So this is very much worth fighting for. Happy to discuss and please rate 5 star

Expert:  ivorylounge replied 3 months ago.

Hello I see that you have looked at the answer. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. Many thanks