Any solicitors /lawyers in the house??

[PinkFizz]

HI guys. Just wanted a few statisticts/facts really. If a father wanted to apply to court for custody of his daughter, who he only sees every other weekend at the mo,what is the likelihood of him getting it if the mother who has the child works very very long hours and hardly sees the child,but she isnt a bad mother and he can work from home and spend all time with child,
Secondly ,if such a case went to court,would a judge/court ask for the opinions of the child if they were only 7 years old?? I know its very general but any answers or thoughts would be most appreciated. Thanks guys.xx

[Ethel]

As always, it is the child's best interest which will take precedence.

If the child is happy, healthy and well-looked after in the current arrangements it is doubtful that changes would be imposed.

The child's opinion would almost certainly be sought - and would be part (not all) of the consideration.

Shared residency is an option, but unless the parents live close to each other, it is not practicable. Schooling would be a big issue here - both parents would have to live within easy access to the school.

In the instance you give, I would hope that the parents can make mutually agreeable arrangements so the child spends more time with dad while mum is at work. Perhaps an overnight stay midweek.

[PinkFizz]

Hi Ethel - thankyou for your detailed reply.

Unfortunately the parents fo not get on -despite his best efforts,the childs mother makes life as awkward as possible. The father is about to move 130 miles away from the child and although he will still maintain contact,he then wants to apply for permanent custody. The mother is not aware of this. He is very hopeful that he will get custody but I do not share his optomism as he cannot prove the mother is bad or the child is unhappy.

[Ethel]

Sadly I think you are right, and as the child has lived happily with mum all these years, it would never be considered best interest to move child over 100 away.

I think the dad is making a mistake moving, especially as he works from home so cannot cite work as good reason to move so far away.

[PinkFizz]

The parents have been split up 2 years and he has always had the weekend contact,despite her doing all she can to hinder this. She is not aware that he will be able to work from home - but I still do not see a court taking the child from her and yet it is a shame as he is such a good father and would be an excellenyt permanent carer.

[madman06]

why dont people who split up,split up and leave the kids out of there problems,end of day that child could end up (not brain washed) but mentally ruined,7 years old going to court,if it dose happen, could ruin this child 4 a long time,its not the kids fault his/her parents have split,but to be honest i can see it from both points, i would want my kids with me as would there mam,is there no chance of them getting back together(not for childs sake)

[PinkFizz]

No madman - he is very happy with another woman and she also lives with another man. He has tried and tried to do what is best but his ex will not even communicate with him other than through a solicitor - it is so so silly. I have said that if the child is happy at the mo( which I think she is) then leave things be until she is old enough to turn around and express her own views but he desperately wants his child with him full time. Its so difficult.