father vs mother

=adrian=

Distinguished Member
I was told few times already from various sources, that if a mother vs father case get to UK (or EU for that matter) court, the judge will always favour the mother in a courtcase over the parental rights (ie who will have the baby and who will be just 'visiting' ie seeing it from time to time'). Is this true?
 

grandmaster

Well-known Member
This will just be another source, that tells you what you already heard! No one can or will confirm this for sure.
If both are sane, justifiable human beings with the capability to care for a minor and no major issues as such then I would expect a baby to be with the mother and let the father visit.
 

=adrian=

Distinguished Member
grandmaster said:
This will just be another source, that tells you what you already heard! No one can or will confirm this for sure.
If both are sane, justifiable human beings with the capability to care for a minor and no major issues as such then I would expect a baby to be with the mother and let the father visit.

Why? What is wrong with the baby staying with the father and the mother visits if they are both the same :confused:
 
D

Deleted member 293381

Guest
I was told few times already from various sources, that if a mother vs father case get to UK (or EU for that matter) court, the judge will always favour the mother in a courtcase over the parental rights (ie who will have the baby and who will be just 'visiting' ie seeing it from time to time'). Is this true?


From what I've read that is generally the case and its always been like that - the mother seems to have priority over the father. But its not always the case, there are of course many exceptions where the father has custody.

So, a judge will not always favour the mother.
 

Sonic67

Banned
A friend of mine has shared rights slightly in his favour. He has the kids four days she has them for three.
 

fizl

Well-known Member
There will be certain things to consider, if the child is a baby and breastfeeding, siblings that are already with a parent etc.

I was brought up by my dad, although I don't think it ever went to court TBH
 

Matt_C

Distinguished Member
Why? What is wrong with the baby staying with the father and the mother visits if they are both the same :confused:

Because in our world or equal rights and sexual equality, there is no such thing as equal rights or sexual equality ;)
 

kav

Distinguished Member
Not sure whether it's as definitive as the OP is saying, but anecdotal evidence certainly makes me think that the law is more likely to side with the mother in this area.
 

Desmo

Distinguished Member
I think it's been proven time and time again that the mother usually gets custody all things being equal.
 

logiciel

Moderator
if the child is a baby and breastfeeding
OP refers specifically to a baby, so in that case the question shouldn't even arise.
 

Jenn

Distinguished Member
I imagine the main reason things are the way they are is because historically in probably the majority of cases, the man was working full time, being the main bread winner and the mum was either at home or working a part time job allowing her to look after the children when they weren't at school.

A judge looking at what is in the children's best interest will see that between being with mum at home when not at school is better than being at a childminder and only seeing dad when he gets home just before bed time.

If you look at couples with children, mum will usually be the person who spend the most time with the children.

Of course there are exceptions and they are becoming more common but that's what I think is the reason.
 

fizl

Well-known Member
OP refers specifically to a baby, so in that case the question shouldn't even arise.

Not sure why not (unless I'm having a blonde moment). If the baby is being bottle not breast fed, I'm sure the father could do it as well as the mother
 
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dovercat

Guest
As far as I know there are no official statistics correlated on the number of case the mother gets custudy vs the farther being granted custody

Claims made by tabliods like the Daily Mail seem to be based on the Child Support Agency figures.

http://www.childmaintenance.org/en/pdf/qss/QSS_june_2011.pdf
“In 95.1% of assessed cases, the non-resident parent is male”.

http://www.childmaintenance.org/en/publications/xls/CSA_jun09_tables.xls
Table 24
95 per cent of “parents/persons with care” were female.
 

foz2000

Active Member
I have two children who I have full custody of. They were 9months and 2 at the time. If you keep the children with you at the family home and keep continuity then theres no reason why you can't have full custody.
 

=adrian=

Distinguished Member
Thank you for all the responses. Very intreresting. So it seems like my 'sources' were correct.
 

Steven

Senior Moderator
Statistics mean nothing. What your "sources" has not told you is that a family judge granting a section 8 residence order will only ever be because the adults could not compromise before instigating legal action and a judge was forced to make the decision for them. Pitting it as a battle of the sexes is largely unhelpful and likely to prejudice yourself in approaching the entire matter
Why? What is wrong with the baby staying with the father and the mother visits if they are both the same :confused:
The age of the child is a big factor and given you are talking about a little baby, you will have a substantial hurdle to argue against the child remaining with it's birth mother. Bearing in mind this is in reference to the biological and care needs of the child. Whatever is going on between you and the ex is irrelevant, to the extent it is not a factor to be considered in the child's current and future welfare needs
 

stoomc

Well-known Member
The age of the child is a big factor and given you are talking about a little baby, you will have a substantial hurdle to argue against the child remaining with it's birth mother. Bearing in mind this is in reference to the biological and care needs of the child.

You have lost me on this one... if the baby is not being breastfed, then I see no reason that father would not have as much right as the mother?
Just curious. :)
 

Steven

Senior Moderator
Because generally speaking a very young child would predominantly be cared for by its birth mother. Accordingly a family court has a duty to consider the status quo (in the context where a father leaves the family home) and take a non-interventionist approach, as well as the section 1 check-list of course

Those are just very generalised points and not at all to be taken to have personal application. It would be very much dependent on each individual circumstance (which for the purposes of this thread I shall refrain from asking about)

The main purpose of my posting is not to mislead the OP as I feel some posts have done so as they appear to have been made out of misplaced brotherly camaraderie (no offence to anyone)
 

stoomc

Well-known Member
Because generally speaking a very young child would predominantly be cared for by its birth mother. Accordingly a family court has a duty to consider the status quo (in the context where a father leaves the family home) and take a non-interventionist approach, as well as the section 1 check-list of course

Those are just very generalised points and not at all to be taken to have personal application. It would be very much dependent on each individual circumstance (which for the purposes of this thread I shall refrain from asking about)

The main purpose of my posting is not to mislead the OP as I feel some posts have done so as they appear to have been made out of misplaced brotherly camaraderie (no offence to anyone)

Thanks for clearing up.
I do agree though, in most of the cases it is the mother that will get the kids, however, I think it may also be because a lot of the time the father has not tried for custody.

I personally could not imagine not staying with my baby boy every day :(
The girlfriend and I are both going part time in February when she is back from maternity... cannot wait, we were never going to have a traditional setup, he is just as much mine and I want to be there as much as she is!
 

Steven

Senior Moderator
Personally I don't think enough focus or credit is given to thousands of children up and down this country by the media, who are negligently more interested in the warring adults. They cannot physically be in two places at once, yet many do actively make contact arrangements work and live odd days with each parent, or participate in visit sessions. The resilience of children never ceases to amaze me
 

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