Devon child custody dispute

Case summary of a real-life Devon child custody dispute which was successfully resolved by family lawyer, Gemma Sparks.

If you are involved in a child care or custody dispute and need an experienced lawyer to assist you, then contact Gemma Sparks for a free initial consultation. Call 0333 888 0404 or email us at [email protected].

Background to the dispute

Gemma Sparks, who is a partner in our family law team, represented the father (who we shall refer to as ‘F’ for confidentiality reasons) in this real-life Devon child custody dispute.

After F and M (the mother) ended their relationship, their child lived primarily with M but it was quickly agreed between the parents that there would be a shared care arrangements whereby the child lived with both parents on a 50/50 basis.

What happened at the start

F became concerned that M was in a new relationship and had heard that she was looking to move away from the area and intended the take the child with her. In a moment of sheer desperation, F placed a tracker on M’s car. The tracker was found, M reported F to the police and stopped contact.

The legal process begins

F contacted specialist family lawyer Gemma Sparks for legal advice. F’s immediate concern was spending time with his son. Gemma took a pragmatic approach and was initially able to engage with M and agree supervised interim contact. Although it was a step forward, supervised contact was not a long term solution. A court application was prepared and issued with the family court without delay.

F sentenced to prison

F’s application progressed through the initial stages of proceedings. However, following his admission of guilt to placing a tracker on M’s car he was prosecuted and received a custodial sentence — despite his criminal solicitor suggesting this was unlikely.

F’s case continued throughout his time in custody. M sought for F’s application to be dismissed until his release from custody at which point F could re-apply to court if he so wished. Gemma advocated strongly for F’s right to continue with his case and the court agreed with her.

Post-prison release and F’s desire for contact

Upon release from prison, F instructed Gemma to pursue immediate direct contact with his son. Despite there being several conditions after release, F was very eager to have the previous shared care arrangements re-instated.

M would not agree. Her case was that she was too afraid of F and this meant contact was not in the child’s best interest. Gemma got the case listed in front of a Judge urgently and was successful in obtaining ordered supervised contact. The Court granted supervised contact to re-introduce F and the child, which was especially important due to the period of time they had not seen each other whilst F was in prison. The supervisor was the child’s godfather and F’s long term support.

M continues to allege fear for her and the child

F and the child were reintroduced to each other. Their strong bond, built prior to F’s incarceration, started where it had left off however. F told Gemma that he had concerns about M influencing the child against him. There were disclosures being made by the child to F during contact and M was making allegations within the proceedings.

The father/son relationship conquers all

Despite F’s fears that M’s behaviour would harm his relationship with the child, it continued to go from strength to strength. Cafcass (an independent organisation that helps with family disputes within the court process) was asked to investigate. M continued to state that the child did not want to see F, yet all the evidence supported that the child enjoyed his time, and their bond was as strong as ever.

Cafcass looked into the situation. There was no evidence of domestic abuse. The incident which resulted in F serving a prison sentence was isolated. There was no evidence to suggest that the child was at any risk of harm from F.

The Court’s decision

M opposed F’s application from start to finish. A Final Hearing took place when all parties gave evidence. The Court decided to re-instate the shared care arrangement by way of the child living with each parent on a week on/week off basis, with all school holidays being shared equally. This was a positive outcome for F and the case concluded on this basis.

Summary

This case shows how care and custody disputes between can be resolved between mothers and fathers. In some cases, the help of experts are needed, and in this case, the child’s best interests and wellbeing were adhered too. You can read about another child care dispute that Gemma dealt with here.

How we can help you

If you are looking for an experienced Devon child custody lawyer contact Gemma Sparks for a free consultation. Call 0333 888 0404 or email us at [email protected]

Picture of Gemma Sparks

Gemma Sparks

Gemma Sparks is a lawyer in our family law team.
Picture of Gemma Sparks

Gemma Sparks

Gemma Sparks is a lawyer in our family law team.

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