NRP tring for full custody

[queenofthepirates]

Posting on behalf of a friend whose ex DP is threatening to take her to court for full custody of their DS. There's no need to, she has offered regular access and she is a SAHM. There's no welfare concerns about the 2yo DS and no referrals from any agencies regarding his care or her parenting abilities. She doesn't have a great relationship with her ex, he cheated on her, but he does seem to be trying to throw his weight about.

Naturally she is rather disconcerted so I am wondering if anyone's been in this position and could offer some words of advice or experiences to allay her worries.

If he's using the words `full custody' he doesn't have a clue. It's not a term that's had any legal definition since 1989.

If he means `residence' then he's onto a loser unless your friend is seriously putting the child at home - under the no order principle a court won't make an order with regard to that unless he is able to demonstrate that by doing so it would be in the best interests of the child. Besides...there is likely a status quo in that situation.

If he means he `has the child' all the times...no chance. The court won't order a situation where the main carer doesn't see the child without very good cause.

Tell her to relax. And tell him to brush up on some basic Family Law if he wants to make a credible threat.

Thanks Lostdad, I'll pass that onto her. I think he's being a twunk but it really helps to hear that other people thinks so too! With any luck his solicitor will also tell him that as well.