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ok, So this is just a question of rules that I can't get my head around and would like some help clarifying.

Me and my friend are chalking up to do a planetstrike game of 3000pts. My Night Lords vs his Imperial army. we have both created our lists and passed them to a friend to prevent last minute changes to tailor against one another.

However, we have been talking and he has been describing how he is fielding the planet strike defender formation as a space marines force with an allied black spear for death-watch and he is also fielding custodies alongside that.

My main question is that Custodes aren't part of any formations in either army so would have to be taken as an allied detachment of 2 troop and 1HQ but he is fielding an allied black-spear and am wondering if anyone can further clarify how he is fielding this?

You are a bound, battleforged list if every unit you have is part of some structure. This can be a CAD, an allied detachment, or a formation.

There are formations for both Deathwatch and Custodes that consist of only one unit. The new Imperial Allies book is full of that sort of thing for assorted factions.

ok, thanks for this.

I wasn't questioning the Death-Watch, it was mainly the Custodes but if the unit is a formation in itself, then I guess that resolves that question.

The 40k rules for Sisters of Silence and Custodes are free to download from GW’s site. Both include formations that allow you to include 1-3 squads in your army.

https://www.games-workshop.com/resources/PDF/Datasheets/Burning%20of%20Prospero%20Imperial%20Datasheets.pdf