What are the chances of gaining custody if the child's mother is abusive, there are two other siblings, and the father now lives overseas? | Lawhive - Solicitors & Lawyers Online
What are the chances of gaining custody if the child's mother is abusive, there are two other siblings, and the father now lives overseas?
My ex broke contact with me & OUR son when he was 2 yr old. .. I had been the one doing the night feeds from birth & holding down a full time job. She had an affair when child was 1 , I left because she was abusive but was genuinely concerned because I knew she wouldn’t wake up to feed him. I rang social services to voice my concerns. I saw him about 6 different times in the next 6 month, he had very severe nappy rash, was bleeding & was always bruised on his forehead but he was a bit clumsy. Each time I returned him to his mum he was pulling away from her and clinging onto me at the front door & crying uncontrollably, mother said he was tired and that’s why etc. She got pregnant within 3 month, married & moved 300 mile away. My contact stopped and she refused to FaceTime. Fast forward to now, she’s moved back but going through divorce with 2 other children. I have managed to gain contact again & now because of “problems” he’s having at school ive been asked to keep him for a month so mother can work overtime and pull herself out of debt. My concern is my son, I find him to be Unsocialised, he struggles playing with other children & hits out in frustration harming them, he won’t do any homework at all, he just wants to sit in front of a tv all day watching very immature cartoons that are usually pre nursery, his speech is good and his reading is very clear but his report says he’s behind his peers. I’m aware social services were involved at some stage but I’m not sure what for because they won’t say & tell me they have to speak to mum first & see if it’s ok to tell me? So mum text me within minutes fuming & threatening to cut contact. Our son does love his mum & tells me he misses them all. I was thinking he had emotional detachment. His school teachers say he show no empathy towards other children. It’s all very sad. My question is to any solicitor, what is my chance of gaining custody given the circumstances and that there are 2 other siblings he is close to. What would this court case likely to cost in total? We also now live overseas so not close to mum. Also I have PR so am I legally entitled to be copied on all correspondence concerning his education & health?


19th March 2022


Top Answer
N/Q as you have PR, I would look into putting in for a SARS request with social services and the school. You have to do this in writing.

Alfonzo Guillette

19th March 2022

1 upvote

NQ- first thing I would so is put in a SAR to social services and the school so you know whats going on and what has been said about you, the mother and your child. When ss get involved with a case they usually assess both parents and look for stabilises and instabilities. They probably would have asked for your details too, she could have refused? Once you have the SAR you will be able to take that knowledge to a solicitor and action your rights as a parent and your child's rights to access both parents.

Natalie Mesa

20th March 2022

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