custody of children through courts...how long does it take?

scousedave

Can anyone please tell me how long it takes to get official custody of kids?
I a a single dad to my two young children. Mother lives overseas somewhere and can not be found.
However I worry that the mother might want to take the children back overseas and turn up on the doorstep without warning.
I was wondering how long thisprocess might take from application to conclusion.Thank you

fluffnutter

3 weeks, five days. Sorry to be flippant but how would we know? Each case needs to be managed on its own, very specific, terms. What does your solicitor say?

It's worth bearing in mind that a successful application for custody won't prevent the mother 'turning up on the doorstep without warning'. She may still do this at any point, and if she does, a (managed) relationship is to be encouraged and supported. Having said that, applying for custody seems sensible, although technically you've got it anyway on account of their mother being absent.

But it's a complex case I guess. Sorting out these things when one parent is absent won't be straightforward. I suspect there are all sorts of conditions regarding how long she's been absent, what efforts have been made to contact her etc. You need professional advice.

scousedave

Just to clarify I have tried to encourage contact but she does not want to know but she is very irrational so nothing regarding her behaviour is guaranteed.
She is welcome to visit anytime but NOT to take the children overseas.
It is not in the childrens best interestto live in a country with poor education and poor living standards.

couponqueen123

scousedave wrote: »

Just to clarify I have tried to encourage contact but she does not want to know but she is very irrational so nothing regarding her behaviour is guaranteed.
She is welcome to visit anytime but NOT to take the children overseas.
It is not in the childrens best interestto live in a country with poor education and poor living standards.

what nationality are the kids?

as if there from overseas i think you would struggle to stop her , even if there British she has a right to take them away/holiday for up to 30 day i believe.

not 100% with my advice but nearly

Auntie_Social

If you are worried about their Mum turning up and taking them out of the country, you can have a PSO (Prohibited Steps Order) put in place which means she can't legally remove them from the country. If the children have passports and they are not in your possession, your ex COULD be made to surrender them to the courts to ensure that she can't say she is going on a holiday then disapearing with them. A PSO can stay in place until the children are 18 so are protected until they are adults, this can however be removed with your permission before then if the children express a sincere wish to visit their Mum in another country.

A custody application (known as a Residency Application now) can take many months, even a reasonably straighforward one can take 6 months +. You can however apply for a PSO before you apply for residency the two are seperate orders and you can have one in place without the other. This would protect the children while you decide what to do about applying for residency. As you already have the children living with you, and they have very little contact with their Mum, there is a good (but not certain) probability that you would be granted full residency, with a Contact Order enabling Mum to see the children at set times (whether she keeps to this will be another matter).

The children will probably be seen by CAFCASS who will have a chat to them and acertain their feelings towards Mum and how settled etc they are with you. Depending on the ages of the children, they may be asked who they would like to live with, this does not guarentee they would get what they want, but it is taken into account. If the children are at school or nursery, CAFCASS may speak to them to see how they are coping with the absence of their Mum etc and if its having a negative impact on them. (This is usually the reason for RA's taking so long - waiting on reports etc) They report their findings to the court, who will then make a decision based on CAFCASS's findings.

I wish you all the very best in your fight, its so nice to see a Dad who whats to do whats best for his children, far too often Dad's get a bad press.

DigForVictory

Auntie_Social for the win!
With a Prohibited Steps Order, I gather it is usually helpful to write a brief ‘Position Statement’ setting out the reasons why you are seeking a Prohibited Steps Order and why you feel that such an Order would be in the children’s best interests.

Have a word with school/childcare and keep them in the loop regarding likely CAFCASS involvement - a well-informed, sympathetic school secretary can really help the paperwork flow on time. (All going well, flowers & chocolates cost little but can mean a great deal. A thought.)

If you have their passports, Hang Onto Them.

All the very best in getting full enough custody & in the meantime, a bit of peace of mind!

Mojisola

DigForVictory wrote: »

If you have their passports, Hang Onto Them.

If the mother is not British, could she get passports for the children from her home country? Would the children still get stopped if they aren't travelling on British passports?

Treevo

Mojisola wrote: »

If the mother is not British, could she get passports for the children from her home country? Would the children still get stopped if they aren't travelling on British passports?

In theory but depending on the country it's a bit more complicated than that.