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Advice on custody please

(3 Posts)
MoanCraft Sun 21-Jun-15 23:33:54

If my dh and I separate and I work ft but my dh has retired, would the court award sole custody to my dh on these grounds? My ds is 6yo and is at school during regular primary school hours 8.50 to 3.10. So I would neither be there to pick him up for school nor be able to drop him off as I would be at work.

Lonecatwithkitten Mon 22-Jun-15 07:37:02

What care do you each currently do? The status quo will have bearing on what happens if you split.

lostdad Mon 22-Jun-15 11:15:29

There are no guarantees I am afraid!

If it come to a hearing under the Children Act the court will make a decisions based on the best interests of the child. It is worth looking at the `Welfare Checklist'.

in your situation one part of it stands out: `The likely effect on him of any change in his circumstances'.

Which means as Lonecatwithkittens says - the status quo.

A child whose parents have separated goes through many changes of circumstance and the above is intended to minimise the disruption he or she will go through. The status quo is a powerful argument too - because the court will only make an order to change arrangements if it believes the child will be harmed by it failing to do so.

In other words, if you wish the court to make an order you are going to have to prove that the order will improve the situation.

But before you take too much of this to heart...if you need to discuss things, do so. If that takes mediation, do it. You really, really, REALLY don't want to go to court unless you have no option whatsoever. It's really the worst of outcomes for your DS.

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