Domestic violence and abuse and child custody

[Bean773]

Does domestic violence/abuse play a part when determining child custody? Especially committed in front of a child by said parent.. I am asking because my friends ex husband is going for 50/50 custody yet has been a perpetrators of DV towards her and the kids since I can remember. My friend has bought up her children by herself since day one, her ex even walked out on them once for ten nights.. she lives in a lovely area, works, doesn't rely on benefits and the kids are so happy and settled.. She's worried a court order for 50/50 will disrupt the children hugely and he has never bothered with them until now.. He's been abusive to the children also. Just wondering what his chances are.

It's really not usual for 50/50 to be granted in any situation. Has your friend got evidence of DV? Were there police call outs or other professionals informed? This would go a long way to protecting her and the children. Women's Aid can provide good support and advice.

Yes, police reports, social services reports and child protection were all involved. They've had to flee DV and relocate and are in hiding because they weren't safe there. She's relocated over 60 miles away from him and the kids are in new schools and nursery's so I don't see how 50/50 would work. Just think any judge who grants 50/50 would be mad.. He's abused the children also

Ye he hasn't got a chance. And she's probably got a chance of no contact for him at all. She could get legal aid for a solicitor given the DV. Again if she hasn't already she should speak to Women's Aid.

It would be unusual but child custody is about what's best for the child, not the parents, the reason for splitting isn't usually taken into account. If the dc witnessed dv then usually that would put a question mark over their ability to parent safely.

Thank you. That's helpful to know. He's also refusing to pay maintenance towards the children also.. He's so far not applied to the court as of yet. She has had a restraining order served on him.. What do you think her next move should be. Her solicitor has advised that she should wait until her ex has lodged the application to court.. It's been three months since he's seen the children

From what I've spoken to my friend about, she's quite happy for the kids never to see him ever again as he does pose a risk to them.. He also tried to commit suicide once she left and realised they weren't coming back.