Custody Dispute Concern
The individual is seeking advice on a child custody issue involving their child. The child's other parent has been threatening legal action to secure full custody, mainly due to concerns about the individual's current partner's prior legal involvement in a court case from 2021. Despite no blame being placed on the partner in that case, the other parent is leveraging this information to potentially exclude the partner from the child's life. The partner has moved out due to these threats, causing distress for both the individual and the child. The individual has no criminal record and feels overwhelmed about the possibility of losing custody or not having their child returned after visits with the other parent.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat rights do I have as a parent in a child custody dispute, especially when facing threats from the other parent?
As a parent, you have the right to apply for a child arrangements order from the family court if disputes arise. The child's welfare is paramount, and the court will assess factors such as the child's physical, emotional, and educational needs. If threats are made regarding custody, the other parent must substantiate any claims in court. Courts usually favour arrangements that allow both parents to maintain a relationship with the child, unless safety or welfare concerns arise. If you feel threatened, consider seeking a non-molestation order for protection.
How could my partner's previous court case impact custody arrangements or my child's welfare?
Your partner's past legal issues could potentially influence custody arrangements if the other parent demonstrates that your partner poses a risk to your child's welfare. The court prioritizes the child's best interests, focusing on safety and well-being. Even if your partner was not blamed in the past case, it will be vital to illustrate that they provide a stable and supportive environment.
What steps can I take to ensure that my child is returned to me after visits with the other parent?
To secure your child's return after visits, consider obtaining a Child Arrangements Order through the family court, which formalizes where the child will live and spend time. Breaches of this order can result in legal consequences. Document all communications with the other parent and any incidents of non-return. You might also explore obtaining a Prohibited Steps Order to restrict certain actions by the other parent.
What legal actions can I take to prevent continued threats and distress caused by the other parent?
You can request a non-molestation order if the threats from the other parent are causing you distress. This can provide protection against harassment. Additionally, pursuing a child arrangements order can formalize custody rights and alleviate anxiety regarding your child's welfare.
What evidence should I gather to support my case in a potential custody hearing?
Collect evidence that demonstrates your stable environment for your child, such as a parenting plan that outlines your roles in their daily life. Document the positive relationship with your partner through photos or activity logs. Keep records of any threats from the other parent. Character references attesting to your parenting capabilities can also be beneficial.
What if I can't afford a solicitor or legal aid?
Look for organizations that offer free or low-cost legal help, such as local advice centers or law clinics. Online resources can assist in navigating family law matters independently. Also, consider seeking pro bono assistance from barristers.
