Custody of a child

[shouldIjustputupwithit]

Is there anyone that knows how custody works when parents separate (and one is being an asshole awkward. This isn't for me but a family member.

It's residency now, isn't it, not custody?

50/50 is the starting point if it's possible with work etc and there's no violence or other issues.

Being awkward doesn't really have any bearing. There also isn't really a starting point as such. Parents are expected to agree on the best arrangements for children, using mediation if necessary. If they can't, one parent would apply to court and the court would decide what was in the children's best interests based on a number of things - their age, their needs, the status quo, the children's wishes (dependent on their age) etc.

It depends very much on which kind of hearing it is, is it the first hearing after a separation or have they been separated a while and one is now being "awkward".
Generally courts do not take much into account when it comes to letting things get in the way of a child spending time with both parents. The only things that would get in the way of an aim for 50/50 would be if the non resident parent actually doesn't want as much custody or if there is proven domestic violence (but this has to actually be proven and not a vague accusation, they do rely heavily upon proof).

Thank you, I have no idea how these things work.

The situation is - friend has two children - son age 10 from previous relationship, daughter age 3 from this marriage. Friday night friend tells husband she is leaving. He seems amicable and apart from asking her to forgive him and stay they go to bed (separately) and all ok. Yesterday morning husband being evil and spiteful. Says she can't have daughter he will keep her. daughter has ballet lesson on a saturday morning which he took her to, bullied friend into leaving key (which she did), rented house in both names. friend left taking son and very few items from house. Husband is total nut job, being really spiteful. Told daughter 'mummy left us/you' friend did manage to see daughter briefly yesterday afternoon.

husband is being nasty about visitation, if friend wants to see daughter it is on his terms and when HE says.

husband is a nasty piece of work, I know them both well. He keeps asking her to go back, he has been nasty to son (pretty sure son will have issues when he's older because the nastiness) but always wonderful to daughter. This is one of main reasons friend decided to leave.

She is going to seek legal advice on Monday (free initial session) but as she has no money she cannot pursue legal proceedings and I believe you cannot get funding for family court now? He is also threatening to take daughter and move 70 miles away - friend doesn't have much money (she works part time) and knows this would really make it difficult for her to visit daughter.

Any advice, comments gratefully received. Thanks.

Ok that is outright abuse. Tell her to call womens aid and her local police family safety unit. If she has any proof of what you said she might be entitled to legal aid but it sounds more like an immediate risk.

Is there any way she could leave her son with you or a family member for an hour and go back for daughter?
Or any way that yourself or another friend or family member could ask if daughter could come round for tea or something and get them all somewhere safe like hostel or hotel or somewhere else so they are at least together? You sound like a really supportive friend but he sounds like a twat.