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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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My 13 Month old son lives with his Mother and her family (her

Resolved Question:

My 13 Month old son lives with his Mother and her family (her mum, 2 sisters and niece). She has been telling me how her family are constantly bullying her and now apparently hitting her (photo to prove). I am becoming increasing worried about my son living in same household.
They also all being made homeless due to the landlord wishing to sell. The Mother of my child was offered a house threw council for her and my son today however had to turn it down because she chose her holiday over the viewing/ sign up process. So she threw a chance of getting away from them for a holiday with them!
I have concerns about the way she brings him up but get social/ health visitor doesn't care. McDonalds and KFC for dinner is one example.
What can I do?
I feel like not taking him back and applying to courts for custody. I have a contact order where i see him wednesday ovenight and sat overnight till sunday evening every week.
She keeps saying if i tell social about my concerns she will reduce contact to every other weekend. - so makes me scared too. but i cant watch my son grow up around abuse and bullying.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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.
When was the Order made and what has changed since then?
Clare
Customer: replied 3 years ago.

oct 2013.

what has changed?

Customer: replied 3 years ago.
Relist: Other.
too long replying. urgent
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay - you fell off my lists and a site glitch meant I was not aware you still wanted help - again my apologies
If an Order was made last October what has changed since then which means that the order shoudl no longer stand.
In addition does the order actually state that the child lives with Mum?
Clare
Customer: replied 3 years ago.

yes it saids lives with child.

i dont feel my child is self in a home where the mother is bullied and beaten up.

and the poor diet the mother is giving my child.

Expert:  Clare replied 3 years ago.
Hi
When will they be homeless?
Clare
Customer: replied 3 years ago.

was meant to be day after hol. 18th sept. now they given extra month as they appealed.

Customer: replied 3 years ago.
Relist: No answer yet.
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay - when you re-listed the matter it ceased to show on my list
Since there is an existing Residence Order you cannot simply keep the child I am afraid.
In Order to change the existing arrangements you will need to apply to the court to vary the existing arrangements and seek a new Child Arrangement order.
At present your strongest card is the housing situation given that Social Services appear to have no concerns about her care for the child.
Once she and the child move into temporary accommodation then it is reasonable for you to suggest that the child lives with you and spends visits with mum until she is adequately rehoused.
When she is rehoused you can then negotiate a shared care arrangement
The only way your ex can restrict your contact is via the courts - so try not to worry about her threats as it is unlikely that she will wish to risk taking the matter to the court given the arguments you can raise
You may find support on this website
http://theparentconnection.org.uk/
Please ask if you need further details
Clare
Customer: replied 3 years ago.

'Once she and the child move into temporary accommodation then it is reasonable for you to suggest that the child lives with you and spends visits with mum until she is adequately rehoused.' - would judge be likely to argree to this?

Customer: replied 3 years ago.

this question keeps closing?

Expert:  Clare replied 3 years ago.
Hi
Yes if mum is only in temporary accommodation - it is the needs of the child that count
Clare
Clare and other Family Law Specialists are ready to help you