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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2732
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex wife currently looks after my 8 year old son. It has

Resolved Question:

My ex wife currently looks after my 8 year old son. It has just come to light that she is to go into rehab for alcoholism. I have my son with me at the moment as I dont believe she is fit to look after him. Can I keep him at home or will sending him back be necessary? I have reported this to social services.
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thanks for your question. Just a bit more information required to fully assist you:

-Are you both in England or Wales?

-Are there any court orders in place regarding him, if so what are the terms?

Customer: replied 11 months ago.
we are both in England, there are no court orders. She refused mediation, and I am in the process of beginning custody.
Expert:  Harris replied 11 months ago.

Thanks for confirming. As there are no court orders there is no obligation to return him due to the serious concerns raised. However, when she is out of rehab she is likely to want to have him back in her care and in the circumstances you should consider pursuing an urgent application to court for a child arrangement order (for residence) using form C100 and a £215 court fee. Given the concerns and urgency you would not need to engage in mediation.

I hope this assists. 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

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