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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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Having had full residence order on a boy I had for thirteen

Resolved Question:

Having had full residence order on a boy I had for thirteen yrs for the last two yrs he's been living with his step father n birth mother with my consent but now step father has blocked his visits to me as a punishment.what can I do please?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Does your son wish to see you?
Is there a court order in place
Clare
Customer: replied 4 years ago.

Yes he wishes to see me n yes there is a court order

Expert:  Clare replied 4 years ago.
Hi
When should you next see him under the court order?
Clare
Customer: replied 4 years ago.

No no the court order has never been changed so it's still in place that I have the full residence order but Adam wanted to try living with his birth mother so to stop any unpleasantness I let him go with the understanding that we cud see one another when we wanted but steps as is going back on his word to me.

Expert:  Clare replied 4 years ago.
Hi
My apologies I misunderstood
When did you last see him - and when will he turn 16?
Clare
Customer: replied 4 years ago.

Last wkend 23rd n as I'm going away for a while over Christmas it was arranged that Adam wud come down again on 6th December.he will be 16in March.

Expert:  Clare replied 4 years ago.
Hi
Is the child likely to wish to return to your care in the circumstances?
Clare
Customer: replied 4 years ago.
yes he wants to come back but thats not the issue here.!!i eant to know what legal standing i have with the order that i have.!!
Expert:  Clare replied 4 years ago.
HI
It is relevant because in the end there are limited options available to you.
You have a Residence Order so you could demand the return of the child to your care - which if the young man did not wish to return would be fruitless
Alternatively you could apply for a Defined Contact Order - pointless as it would expire on his 16th birthday.
The third option is that you simply turn up and collect him in the usual way and point out that he is only with them through your agreement - and that they have no right to detain him if he wishes to leave - which is true.
I appreciate that none of these are an easy legal option - because sadly there is not one
Please ask if you need further details
Clare

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