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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 725
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Me and my partner are spiting up, due to what I believe to

Customer Question

me and my partner are spiting up, due to what I believe to be caused by her illness, her illness is anorexia, she was under a private doctor and councillor and dietarian, and less than 6 months ago they was looking at sectioning her, however she has decided to not meet up with any of the help she needs, and is a total nightmare to live with, we have an 8 year old son and I don't believe he would be safe with her if we spite up due to her mental illness, could you advise me how I would get full custody of my son.
Submitted: 8 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 8 months ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - please can you explain your partners mental illness further and why you think this would put your so at risk?- are you the main carer for your son now? Kind Regards Caroline
Customer: replied 8 months ago.
my partner is an anorexic and has been for at least 20 years, however I do believe that she is at her worst and wont go for the help she needs, i believe she is taking the tablets for her illness, but I have been with her for 15 years and ive never seen her in this way, she drinks a lot of alcohol at the moment, and is totally switched off with me and has pushed me away, I do not want my son to be treated in the same way, we both are the carer for my son at the moment, but she is due to move out soon.
Expert:  ukfamilysolicitor replied 8 months ago.
Hello Thank you for your response. From what you are describing - I note that you consider that your partner would not be able to meet your sons needs. It is possible to make an application to the Family Courts for a Child Arrangement Order so that they can determine with whom your son should live with and with whom your son should spend time with. The courts start from the prospective that it is your son's right to have a relationship with both of his parents as long as there are no child protection concerns. The court listen to your concerns about the risks that you consider that the mother poses in relation to her alcohol use and mental health. They may ask for evidence such as a report from the mothers treating clinician and also a report from a children and families officer in respect of the welfare concerns. The first step before applying to court is to refer your case to family mediation. You need to do this otherwise the court will reject your application. Family mediation will try and help you both agree. If matters cant be agreed or the mother wont engage then they will sign the form that you need for court. The form is Form C100. Send to your local Family Court. Court Fee is £215. if the mother tried to remove your son, say when she is to able to care such as under the influence of alcohol - then you can ask the court too deal with your case urgently without mediation - for your son to be returned. In respect of the mother spending time with your son before matters go to court - if she is not drinking during the day and is stable then unsupervised contact should be considered, if you have concerns then you should ask this to be supervised. Please do not hesitate to ask if I can clarify anything for you. Kind Regards ***** ***** kindly remember to rate positively so that we receive credit for helping you today

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