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
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33804
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

My son is 11. I have been divorced since 2012. A residence

Resolved Question:

My son is 11. I have been divorced since 2012. A residence order was set in place that had my son with me for 3 days of the week and alternate weekends. He had two days of the week with his father and the alternate weekends. Holidays were split equally for longer breaks with alternate times to be fair.
Since last year my son has constantly expressed that he did not want to go back to his father when it got closer to doing so. I constantly persuaded him to and he relented but with displeasure and he was never happy to go back to his father.
I moved in March, a further 3 to 4 miles away. My ex expressed displeasure and an unfriendly letter ckeat stating that he was not prepared to drop him off. My son then put his foot down and said he was not prepared to go back to his Dad. He then blurted the many reasons why. Among them were the fact he did not feel safe with him and was scared of him. He shouted at him a lot and interrogated him constantly about me and said degoratary things about me.
Can I write to the judge that put forward the residence order explaining what has happened and how my son now feels and what he has gone through. I understand that a variation if this order is required.
I apologise for the length but it could not be summarised.
Pavitter Bains
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What action have Social Services taken (if any)
Clare
Customer: replied 2 years ago.

Hello Clare

Nothing really they said that as long as I was looking after my sons needs i.e. His schooling, providing for him and taking care of him they do not need to interfere in any way. I am doing all that. Have organised his secondary school placement etc as well.

Also his current primary school are taking care of his emotional needs and support with counselling. They have been brilliant.

Expert:  Clare replied 2 years ago.
Hi
Are the school aware of his feelings?
has he confided in his counsellor?
Clare
Customer: replied 2 years ago.

Yes they are. They know everything and have protected him within their remit. They are kept up to date on everything and the counsellor has been so supportive and he has confided in her.


Pavitter

Expert:  Clare replied 2 years ago.
Hi
What is the current position - what contact is he having at the moment - and what threats have been made (and well done so far )
Clare
Customer: replied 2 years ago.

Hi Clare


Since April my son, Amaryaad, refuses to speaI or see his father. His father tried on many occasions to see him in school but Amaryaad refused to and the school conveyed that to him. They have advised him what to do if he turns up and Amaryaad has been doing so. His needs are taken care of. He does however get upset that his father does not respect his wishes. His father is trying to put the blame on me that I am obstructing him from seeing his son and doing so by "clever means". Those are his exact words in his last letter to Amaryaad. He makes statements in his letters to Amaryaad e.g. "You are being poisioned by them" and "you have fallen into their trap". This is just a select few statements in his letter to Amaryaad. He also states "I have tried to make you understand who is concerned about you". He also states to Amaryaad "if you do not come back now"..."you will never see me again"


"rectify this mistake you were tricked into making" . This sort of threats were to Amaryaad. My ex got remarried and in his last letter to Amaryaad he said that he has "removed his wife from the house and his life"


These are inappropriate in my opinion. I have just mentioned a few items. To me he is constantly saying that the court will deal with my obstructing the order. Yes I have not sent Amaryaad back to him but m concerns for his safety prevent me from doing so and most importantly Amaryaad refuses to go back to him or even see or talk to him.


I hope that explains more.


Pavitter


 


 


 

Expert:  Clare replied 2 years ago.
Hi
Has he actually started any court proceedings ?
Clare
Customer: replied 2 years ago.

He has not. I even checked directly with courts. Just threats.

Expert:  Clare replied 2 years ago.
Hi
Do you actively wish to take any action at this stage?
Clare
Customer: replied 2 years ago.

Can I write to the judge that put forward the residence order explaining what has happened and how my son now feels and what he has gone through. I understand that a variation if this order is required.


Pavitter

Expert:  Clare replied 2 years ago.
Hi
You have two options - but a letter to the court is not one of them I am afraid.
One option is to apply to the Court yourself to vary the order for a new Order stating that the child lives with you.
The other is to do nothing and wait and see if your ex does take action to enforce the order - and if he does to make an application to vary the order then.
There is no right or wrong choice to make here - it is a matter of your personal preference
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33804
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

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

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters