Hi, thank you for your question. Just a bit more information required to fully assist you:
-To clarify, are you seeking for your son to live with you and have contact with his mother?
-What are your current living arrangements - how many bedrooms and who else lives in the property?
-What is the mother's property and who else live with her?
-What are your working arrangements (can you do the school run etc) and how far is the school from you?
-How long have the current arrangements been going on?
Thank you for confirming. Firstly, despite what your son says or feels, unfortunately his wishes do not take precedence in cases like this. Children's views usually only get fully considered when they are at least 13 years old.
Given that there is to be a drastic change to their living arrangements, you should be proposing for your son to move in with you, until at least the mother can secure appropriate accommodation.
In the circumstances I would suggest that you initially propose these directly to her and explain the reasons. However, if she does not agree then you will have to make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If she does not agree to mediation or mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
In that case, if you feel that your son is at risk in any way you should make an urgent application for a Child Arrangement Order (for him to live with you) under form C100 and a £215 court fee to your local family court.
note you have left a negative rating. Please could you confirm what you are not happy about so that I can provide you with all the information you require to resolve this matter.
If the matter is urgent (for example she is going to a bedsit next week), you do not need to attend mediation and should consider going to court immediately.
If she is moving out in the next few months for example, then you should refer the matter to a mediator and they usually take a few sessions for you to reach an agreement.
Social services should not be getting involved if you are taking steps to protecting him using legal channels.
No worries, hope it goes well. If you are fully satisfied with my assistance please would you consider providing a positive rating.
Given that there has been 3.5 years of the current arrangement, it would not be in your interest to go over her head to keep him in your care and it would be best for a judge to make an order that will be enforceable.