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Sole Parental responsibilty - is that a thing

4 replies

Dewdrop71 · 17/07/2019 21:24

I am a single mum to a 6yr old.

Relations with her dad aren't great atall. After an 8 month absence and the 2nd time he has not seen her for that amount of time, he is unhappy that i am reluctant to let her stay with him for a fortnight in the summer. He has spent 4 hrs with her in the last 8 months.

His reaction to my refusal of this 2 week visit is to go to a solicitor to seek full parental custody of my daughter - or he says he will.

Whats the view on whether he stands a chance of getting my daughter full time?

He lives 2 hrs from our home. He has a history of cannabis use.

However this had made me think this may not be just a threat.

Any idea of what a court would say?

OP posts:
limestars · 17/07/2019 21:50

Didn't your partner write this on legal?...

negomi90 · 17/07/2019 21:56

He won't get full custody, he will probably get a contact plan. But no judge is going to move a 6 year old 2 hours from one parent to one she barely knows unless there are a lot of serious safeguarding issues with you.
Let him try. Don't offer your 6 year old up for the 2 weeks.

Parent999 · 22/07/2019 08:49

Im not sure but it seems you are talking about two different things. Parental responsibility and residence.
As a mother you automatically have PR
As a father his name has to be on the birth certificate to have PR

Pr allows joint decisions on the upbringing of the child, the right to be informed by doctors and schools etc but has nothing to do with the amount of time each parent spends with child.

Residence is only established legally by a child arrangements order which establishes whom the child shall live or spend time with.

Theres no way on this planet a judge will give a your ex full residency, for lots of obvious reasons. Especially if he is threatening it because he wants a two week holiday.

I would suggest being as reasonable as possible. Set the boundary that any increase of time has to come with the solemn promise that it will remain consistent and build up gradually.

Whether this is right or wrong, I always imagine one thing, can I stand up in court, in front of three judges who have seen it all before and defend my actions and decisions as what is best for child.

3xcookedchips · 22/07/2019 11:02

The term 'residence' is no longer a legal term wrt to court orders.

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