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How easy is it to get sole custody?

5 replies

Longingforthesummer · 19/08/2023 13:25

In a nutshell, niece has split from her partner a while ago now, who they have a DD age 6. Ex now lives with someone else.

Ex has no respect for my niece, is rude and abusive and thinks because he is the child's father, he can do whatever he wants. For instance, he took the child out for tea on a school night recently. At 7pm she text, then called asking where they were as getting late, no reply. 9pm still no reply. Eventually he text saying they were at the seaside and they were coming back next day sometime. So child missed school. Came the other day half cut wanting to take child out in car thank goodness she said no. But a barrage of abuse followed in front of child. He threatens that he can take the child anytime as he is the Dad. And so much more he's done.

Ive told her this isnt right, is she waiting for something bad to happen before she acts!!! he cant just take the child for tea and not bring back surely without her permission....she needs to get full custody.

How does she go about doing this.

OP posts:
Wishitsnows · 19/08/2023 13:37

She needs to apply to the court to get a CAO which will determine any contact time. Mediation is not suitable as he is abusive. It will cost about £230 and she should get advice from womens aid or similar. Document everything. Turning up drunk and forcing the child to miss school may mean he will only get to see her in a contact centre. Good luck

Longingforthesummer · 19/08/2023 13:55

Niece ...although she knows it's all wrong says the child likes seeing him. She accepts this behaviour as she thinks he has rights because "he is her Dad" as she says.

Ive told her some things he does is dangerous to the child. He even had the child on one of those city scooter things whizzing around town a few months ago...in front of him holding on...tje child was 5 then.

OP posts:
Longingforthesummer · 19/08/2023 13:58

I feel she needs to get legal custody in place ...there's nothing in place.

The child lives with her full time, she receives no maintanence from her ex as he's always between jobs.

OP posts:
Longingforthesummer · 20/08/2023 08:58

Can he contest it?

OP posts:
ShineBright1209 · 21/08/2023 20:22

If there is no court order in place already for contact arrangements then she doesn’t have to make her child available to him. She can basically tell him no he’s not seeing the child and then it’s up to him to take her to court for access.

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