Joint Parental Custody

Discussion in 'Army Pay, Claims & JPA' started by carpetsfm7sr94champs, Apr 15, 2008.

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  1. How do i go about getting the above, i.e. written down in black and white on a legal document. I am not divorcing, just seperating. I need a MQ as i will have my lad every w/end, holiday and poss may have him full time, if his current schooling doesn't go to plan. He has Autism, my wife and i are completely amicable. Please help. Regards.
     
  2. You will not be "entitled" to an MQ unless you meet the requirements to be PStat 2, which is sole custody care and control of the child. Anything else and you will be PStat 3 or 4 which means that you can apply for an excess MQ but have no right of tenure.

    Before you make any decisions go and chat to your RAO and Welfare Officer.
     
  3. "Written down in black and white on a legal document" seems to suggest an order of the court.

    For that you would need to apply to your local Family Proceedings Court (magistrates court) or County Court for a Residence Order under section 8 of the Children Act, fill in the form and pay the fee (which won't be cheap).

    Given you and the ex are amicable, if you explain and agree this beforehand it would prevent the ex from getting a nasty shock and thinking you had gone pre-emptively hostile on her.

    You would then be at liberty to present an agreed "consent order" to the court (i.e. an order to which you both consent) specifying that your son shall reside with you jointly (and if you wished, specifying which periods he would spend in your care, and which in her care).

    HOWEVER: You should be aware that section 1(5) of the Children Act provides that where a court is considering whether or not to make an order "it shall not make the order unless it considers that doing so would be better for the child than making no order at all" so you would run the risk of the court saying that since there was clearly no dispute between the two of you, then there was no need for an order. That would represent a considerable waste of your time and money.

    You could try to achieve the same result only by way of a written agreement between the two of you rather than by a court order, but I would think that would hardly be worth the paper it was written on, and unlikely to sway the service housing authorities.
     
  4. Many thanks to both replies, much appreciated. Certainly given me the answers i require, once again thankyou for going out of your time.
     
  5. Custody can be generally attributed to the parent who is in receipt of the Child Benefit especially if your wife is in agreement. However having your child for weekends and holidays doesn't really equate to having 'joint custody' as that is what many non-resident parents (NRP) do, and if all military NRPs asked for a MQ in your circumstance there would be none available for the families.

    I can understand where you are coming from. I had to go through the nause of squeezing my 4 kids into a room in the mess at weekends when I didn't have access to the welfare quarter.

    If your child lived with you full time then you would be entitled to a MQ.