Yes he does. However, all this week while he has been staying with his mother, he has not attended Nursery. His father has phoned and told Nursery the situation and asked them to monitor the child closely when he does attend. Apparently she took him this afternoon ( even though he is due to attend all day) and he had a bruise on the side of his fore head where he apparently fell down the stairs. Nursery asked her to complete forms detailing the incident.
Thank you for your reply. The situation has changed slightly since my original question, as the mother turned up at father's home last night with the son in pyjamas saying he could have him for the night as he wouldn't settle. He has a bruise on the side of his head and the 5 year old sister, who is currently at father's house, said she heard him fall down the stairs earlier in the week when mother was at work and boyfriend was about to pick up mother from work. She also said that boyfriend smacked the boy because he 'told a lie'.
The father is obviously now reluctant to let his son go back to the mother when she asks for him. Can he now refuse to hand him back without compromising his chance for residence order? As you say it is difficult to prove his safety is at risk, as much of the evidence has come from the 5 year old sister. Also I read in one of your other questions you advised that involving Social Services may affect his residence order. Is that correct? If so, why is that?
Who would need to be present at the hearing? Would the mother or any witnesses need to be there? What evidence would the court need to make a judgement? How quickly would the Residence order be granted and would the mother's permission need to be sought? How does this differ from the shared Residence order and could this also be applied for immediately if my nephew wanted to go for a less aggressive solution? I don't think the father wants to prevent his son from seeing his mother but the new boyfriend seems to be dominating the situation. The boyfriend's father is currently serving a custodial sentence for murder. Would the court take this into consideration when deciding on the suitability of the new boyfriend as a potential 'carer' of the children?