custody

[Jinx1906]

Hi,

I'm writing this on behalf of a friend.

She is currently in an unmarried relationship (abt.15 years) and wants to leave her partner who is also the biological father of her children born in 2000 and 2003. She has told her partner that she feels that the relationship is over and thinks it is for the best if they went their separate ways to which he promptly said that there is no way that she is taking the children.

Her worry is that the oldest child was born in December 2003 after the law regarding custody for unmarried fathers changed. To add to this the father is British and the mother is from another EU country. She is also worried that the courts are likely to decide that custody of the youngest child may be given to the father on the basis that she may leave the country. This is not her intention, she would like to have the father involved in the upbringing of the children although she would like them to live with her the majority of the time. But could the courts decide in favour of the father on the basis that the kids are settled here in schools etc? bearing in mind that they are not to know if she would indeed leave the country or not.

I have no legal background but I would assume that the courts would be keen to keep full siblings together. Is that correct?

I have told my friend to go and see one of these family solicitors who offer ½ hour free advice. I trust you will agree that ½ is a very short time so if anyone here is able to give some advice or can give a few tips as to which questions she should raise that would be very much appreciated.

Thank You.

[cestlavielife]

he may have parental repsonsibility for the 2003 child that is not the same as "custody" which is a term that isnt used - it is "residence" where the child lives.

why does she want to leave him is there abuse/domestic violence / or just she wants to move on ?

are there likely to be issues regarding residence of the chidlren? why?

why shoudl they be with her the majory of the time, why should it not be fifty /fifty? or live with father and just visit with her? is she financially independent? who owns the house ? etcetc

these are questions she needs to ask herself and tell solicitor

[Collaborate]

The courts wouldn't get involved unless there is a dispute.

The fact that she's a national of another EU country won't affect her chances of getting residence of the children.

[Jinx1906]

Yes, she works.

The house his in his name so she would leave.

He does not spent any time with his children, he wants to keep them so she would not leave. He told her that much.

There is no physical abuse but he is very controlling, controls her every move, checks up on her when she goes to a friend to see if the is really there etc...

thanks