Getting custody of a child

[QueenOfCats]

Just after some general advice if anyone can help please?

A friend of mine has a ds with his partner. His partner has a dd from a previous relationship.

The dd was placed into care for a time as the mother couldn't cope.

Mother has been arrested for physically assaulting my friend more than once.

My friend wants to leave this woman and have sole custody of his ds.

The mother and her dd are well known to ss, and they are still involved.

My friend contacted as today to see how to go about leaving and taking his ds with him and applying for custody. The mother is staying out all night, drinking, not caring for the children at all. He explained all this.

He was told by ss he will not be able to have custody of his ds unless he takes his partners dd too.

This can't be right surely?

Bump?

SS don't get to say what he can and cannot do, but why doesn't he take both when he leaves? He should, if he leaves with her son, apply to the court straight away for a residence order and prohibited steps order. He should also get a letter from SS outlining their concerns about the children being left in her sole care.

Thanks collaborate.

He doesn't feel that he can take her dd as he is not the dd's father. The dd's father wants to be involved with her and he doesn't want to get in the way of that. Her mother is being obstructive enough there.

He should try and get legal advice first thing Monday. If he has his child for contact and he is concerned the child may be at risk if returned he should hang onto the child. Court intervention would appear to be necessary if he wants things to change.

Thanks - he lives with the mother and both children.

Mother does nothing with or for them, it's all down to him. This is why he is reluctant to leave.