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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33290
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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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: 4 years ago.
Category: Family Law
Expert:  Kasare replied 4 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 4 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 4 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.

Thanks

Expert:  Clare replied 4 years ago.
Hi
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
http://www.thecustodyminefield.com/mobile/FamilyLawMenu.html
and get a lot of assistance from Families need Fathers (www.fnf.org.uk)
He should get a letter from the school confirming that the child has been attending and settled since the start of term
Claire

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