How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 32998
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

Hello! A male friend of mine, went to court a few years ago

Customer Question

Hello! A male friend of mine, went to court a few years ago and mother won case, the court order was to keep both boys together, with father also having parental responsibilities! In September mother kicked out the then 11 year old out to dad, his now 12 years old, the boy was settled in school and home with father, the boys stayed at the weekend at mothers, the older sibling age 13 years old has been up setting the youngest and winding him up with nasty comments since he was kicked out to the fathers, Sunday mother came down to drop her son to his fathers and started having ago then forced the boy into the car and took him back to her home, the father notified the school what she has done, and she has kept him off school since, the father has been getting family allowance and other benefits his entitled for his son, what rights has the father got since the mother kicked her boy out of her home into the fathers care?
Submitted: 3 years ago.
Category: Family Law
Expert:  Kasare replied 3 years ago.
Hi thank you for your question, I will assist you with this.

Your message is rather confusing at times. Please advise that only one son (age 12) lives with the father since the mother kicked him out and it is this son that the mother forced in to the car and returned to her home.

Does the eldest son still live with the mother?

If this is the case, can you please confirm if the youngest son has expressed any wishes to remain with the father indefinitely?

Has the father applied to the court for a variation of the residence order?
Customer: replied 3 years ago.

Yes only one son lives with the father!

The eldest son is still with mother!

The youngest did not want to leave his fathers house even though mother forced the child into the car!

The father has not applied to the courts as of yet as the education department took time allorcating a school for him and he wanted him settled in first!

The child has express to myself he never wants to live with his mother again because she kicked him out and never wanted to stay weekends and express he would run away if that was to happen, so you can understand our concerns, especially seeing she has taken his phone from him, he already run away from her whilest out shopping at the weekend!

Expert:  Kasare replied 3 years ago.
Hi, apologies for the delay in reverting to you.

I am afraid that your friend will have to apply to the court to vary the residence order. Whilst he should attempt to resolve this by talking (which may be difficult) with the mother, even so, even if she permits their son to return to reside with the father as the residence order places the son in her care she could remove their son at any time. He should seek legal representation to assist him in making an urgent interim residence order with a view to varying the residence order that is in place.

The court will usually seek the assistance of CAFCASS to prepare a report for the judge. CAFCASS will basically find out from the son what his wishes are and this will be taken into consideration.

Depending on his financial position he may be able to get legal assistance for this.

If you have any further questions, please ask.


Expert:  Clare replied 3 years ago.
Your friend needs to act very quickly.
He should make an immediate application to the court for an interim residence order for the return of the child to his care whilst the long term arrangements are considered
This application needs to be made THIS week to have a chance of success.
If he can afford a solicitor well and good - if not then he can make the application himself and find all the forms he needs here
and get a lot of assistance from Families need Fathers (
He should get a letter from the school confirming that the child has been attending and settled since the start of term

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Kasare



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Thomas's Avatar



    Satisfied Customers:

    UK solicitor
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • face July 2011.64x64.jpg UKfamsol's Avatar


    Family Solicitor

    Satisfied Customers:

    Very experienced specialist family law solicitor, qualifed in 1994
  • chatham-chamber's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)