When can ex re-apply for custody

[timefliesby]

Hello peeps, basically my ex is very difficult and having lost in a custody battle last year, he is now saying that when my son turns 8 (in 3 year's time) he will re-apply through the courts for custody of him and his sister. Can he actually do this? I was awarded residency and thought that that stands until they are 18? The court case last year was really stressful and I don't want to have to keep going through it, my ex was/is emotionally abusive, has control issues and can't stand the fact he lost. He has a belief that the children get a say when they turn 8 and that they will choose him. Hence why he says he will go for custody then. Anyone have any experience of this? Many thanks

Years not year's...apostrophe horror! I hate that you can't edit these threads once posted.

He could technically go for it whenever. Chances are he's said 8 as a court will start to listen to what the child wants.

Oops you said that already

That's just not right though is it? He's had a full day in court and he lost. Why should more money and time go into proving the case all over again when no further evidence has been put forward?

He can apply any time he likes - unless the court has made a 91(14) order as Babybarrister says.

Received wisdom is that he shouldn't make an application within a year of the previous one. At the age of 8 a child's views will be listened to but it's not the only factor by any means (and I don't know where he plucked that figure from).

It's called residence' - not been custody' since 1989!

Ah so something does exist! Thank you babybarrister and lostdad this is the information I was seeking.

HI does anyone know whether the 91(14) order also covers when a man keeps finding financial stuff to take back to court? I have a friend who left an abusive relationship, they are divorced but apparently he has applied through the courts to get half her pension. She has had to fill in a 25 page form whilst looking after her young child and working. The stress on her is massive and it seems unfair. He doesn;t have or want access to the child, so it's not finance relating to the child.

Zombie thread, but timefliesby has asked a new question.

No it doesn't. It's s91 of the Children Act.

He cannot make more than one application for financial provision but he can apply for a variation of any maintenance order (if one was made). What exactly has he applied for? And has the court issued the application?

timefliesby - may need a bit more information to answer this.

As they were married their financial settlement would have been under the Matrimonial Causes Act. If he's making an application under that it is most likely she doesn't have a clean break order which means he can do this.

If this is the case she may consider taking the matter back to court and seeking such an order.

If on the other hand he is making a Schedule 1 Application under the Children Act she could make a s91(14). If it IS a Schedule 1 Application (and I doubt it truth be told) he would have to demonstrate that it would be in the best interests of the children to make an order with regard to finances. Assuming your friend is the primary carer and/or she hasn't suddenly come into a large fortune she doesn't have much to worry about.

The 25 page form sounds like Form E to me. If so, the decision as to how much of her pension he will get ought to be based on some measure of fairness.