Can I as a father get full custody

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DozFiha

Active Member
12 October 2020
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0
31
Hi,
My son (6 years old) is living with his mother and he is with me two nights per week on average. We have shared responsibility.
The mother no longer wants my son to live with her (She is with a new partner and I'm assuming that has something to do with her decision).

My questions is: We are both agreeing for my son to live with me full time (full custody) and I will have full parental responsibility. She will have no rights to see him unless she asks for small periods of time and I agree.
Can this be approved in court (given we sign an agreement)?

My fear is that she may change her mind later when things don't work out with her new partner and ask for my son back. How successful will she be if she then takes it to court?

Thanks a lot in advance.
 

DozFiha

Active Member
12 October 2020
7
0
31
Yes there are court orders.
So we will probably have new court orders after our agreement ?
 

DozFiha

Active Member
12 October 2020
7
0
31
Thanks for your reply.
So I want full custody with sole parental responsibility and she has agreed with that.
Can she in the future ask to amend back to the original; and if yes, how easy will it for her to do that even if I disagree?
 

sammy01

Well-Known Member
27 September 2015
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ok - so shared parental responsibility is an assumption in law. It can only be revoked by a judge if the judge sees fit. So nope, you cant just sign away all rights....
Look, what you're better off doing is getting consent orders that state the kid lives with you and spends time iwth mum by agreement. In reality the legal responsibility thing isn't that big a deal. My kids live with me... I make all decisions. The only occasional problem is getting mum to sign an application for a passport.
 

DozFiha

Active Member
12 October 2020
7
0
31
ok - so shared parental responsibility is an assumption in law. It can only be revoked by a judge if the judge sees fit. So nope, you cant just sign away all rights....
Look, what you're better off doing is getting consent orders that state the kid lives with you and spends time iwth mum by agreement. In reality the legal responsibility thing isn't that big a deal. My kids live with me... I make all decisions. The only occasional problem is getting mum to sign an application for a passport.
Thanks sammy!
So what I understand is that I can have the kid live with me full time (assuming we both agree) and that the kid can spend time with the mohter when she asks for it but I need to agree with that.
I will most likely take the kid to different state, so I don't want the kids seeing his mother to be an obligation (also she doesn't care about that at the moment) - I am worried that she will change her mind later, and my question is that how easy it is for her to change the orders later through court?
 

sammy01

Well-Known Member
27 September 2015
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720
2,894
Ok, so your best bet is to get a solicitor to write up consent orders. You get her to sign them.... Then you pay to get them submitted to the court. That is pretty solid and the way I reckon you should go....

OR write up the same as a parenting plan. Cheap, low cost option. Once she signs it then good oh... but it isn't concrete. Stamped consent orders don't give her the leverage to 'change her mind'...
 

familynfriends

Well-Known Member
15 April 2020
57
2
199
Have you considered what your son wants?
How does your son feel about moving in with you and not seeing his mum anymore?
When you are 6 years old, and one parent suddenly isn't around, and you don't have any contact with that other parent, it will have a huge impact on your child. I think the courts will want to look into this more? Maybe I am wrong
As for the mother, you can't just sign your rights away, and she has every right to have contact with her child. The courts will encourage that she does have time with him.