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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 726
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My son is seeing his dad from a court order I have found out

Customer Question

My son is seeing his dad from a court order I have found out that dad is going to work while having our son and leaving him with his mum without telling me were our son is going . He is also in arrears with Csa and hasn't paid a thing ?
Submitted: 10 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- what time does the order split time between you?
- how long has the order been in place?
- how old is your son?
- any concerns re his mum?
- what hours is dad working?
- have you chased Child Maintenance about enforcing the arrears?
Kind Regards
Caroline
Customer: replied 10 months ago.
The order has been in place seen 12th October he has him 7 out of 14 days now with was from 20th Dec up to that point it was supervised and then slowly went up to him having him on his own our son is 2 almost 3 . The last time I seen his mum is was shouting in my face after her son the baby's dad hit her which was nothing to do with him but no of this was looked at in court nor did the spitting in my face from him which I now have a recording of him admitting it which I will keep as he got found not guilty dad works for himself so can work any hours he wants to and Csa and on the case and keeping me up dated .
Customer: replied 10 months ago.
He has told me he was cutting is work hours to spend time with our son I wasn't aware of our soon was being left with his mum while he was going to work I thought he was with his dad all of the time
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Thank you for clarifying that for me. Few more questions:
Why did the time have to be supervised at first? Who was supervising?
Kind Regards
Caroline
Customer: replied 10 months ago.
Nias was supervising dad as he stopped seeing our son due to abuseivness toward me in front of my children I have 2 others and there was a criminal case going on for that while family court was going on
Customer: replied 10 months ago.
The case was because he spat in my face in front of my kids
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
It appears that dad got quite a good idea given all the issues you have raised.
As it stands with such a shared care order - this is no reason why he can't work and his family can help with the child care. I appreciate that this isn't what you want to hear.
The family court also won't take into account the fact that he is behind with maintenance.
Did you have representation in the child act proceedings?
Kind regards
Caroline
Customer: replied 10 months ago.
He isn't behind with it he hasn't paid a thing for him cafcas did it and it was fine but have I got the right to know we're my son is if he did is giving him to other people while he is at work ?
Customer: replied 10 months ago.
It's says at the bottom of the court order after the 20th Dec to be decided by parents what days he will see dad
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
I know the issue with maintenance is horribly frustrating but a court is highly unlikely to agree that his time be reduced because of non payment.
In respect of knowing who is caring - yes you should really know. This works both ways so he could ask the same of you.
Kind Regards
Caroline
Customer: replied 10 months ago.
I do not want him to have less time with our son as he loves his dad to bits but I feel because of things that have happened in the past do need to be in the know of my sons safety
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
My sincere apologies for my delay in responding to you today - I have been in court.
That is good to hear that they have a good relationship.
I am suprised that the court in the previous case did not give further consideration to the concerns that you had raised in particular the issues of DV and any impact that this may have had on the welfare of your son.
If something does happen that worries you then you can always return matters back to court. Mediation may help if matters are not of an urgent nature. You do have the ability to call social services if something happens so that they can also investigate.
Kind Regards
Caroline

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