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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 842
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My ex is taking me to court for full custody of my son can I

Resolved Question:

My ex is taking me to court for full custody of my son can I get help with solicitors I've already had 1 court hearing and I need help I don't receive benefits and I'm on a low wage I don't receive any maintenance payments
Submitted: 11 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will try and assist you.

Please may I ask:

- how old is your son?

- who is your son living with now?

- did the court make any orders at the first hearing in respect of anything that needs to be complied with?

Kind Regards

Caroline

Customer: replied 11 months ago.
My son is 8yrs old my son lives with me and has always lived with me.my has access every weekend and half the school holidays. In court caff cass are doing a section 7 so they made another date in court for the 31st of October.. the cost ordered that everything was to stay the same till next hearing. It was my turn to have my son back on Sunday and he refused to give him back the police carnt do anything unless there is a court order in place to remove him from the property
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

I am very sorry to hear this. You must be distraught.

Can you tell me:

- what are the reasons for the Section 7? is your ex alleging concerns about you? do you have concerns about your ex?

- has your ex given a reason for keeping your son? has he let you speak to your son? has he said when your son will be returned?

- have cafcass started the report yet?

kind regards

Caroline

Customer: replied 11 months ago.
Reason for Section 7 I told them about his dad having a drink problem and he let's my son do wat he wants. So I think it's a safe guard issue. I spoke to my son Sunday day and told him I was collecting him Sunday at 7 and he was fine then u got a message from his dad saying he doesn't want to come home he wants to stay there I still went to collect him and my son wasn't there he was with his new girlfriend somewhere and his dad was sitting in the house drinking.I'm waiting for caff cass to contact me know for an appointment then I have to do statements and I just don't know where to start
Expert:  ukfamilysolicitor replied 11 months ago.

I am so sorry to hear this.

You need to make an urgent application to return this matter back to court immediately.

Fill out this form:

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=78

Explain that you have complied with the court order and allowed contact but now the father has retained the child.

Explain that you are being denied a relationship with your son and that you still have concerns about the fathers drinking and that the Section 7 report has not yet been started.

Once you have completed the form - call your court and tell them that you want to be heard by a Judge immediately and that you want an order for your son to be returned to your care immediately.

The Judge may decide to hear you today without telling the father and give you the order of his return or list this case within the next couple of days for a hearing. Either way the court will highly likely return your son if you are the main carer.

You need to do all of this now. You cannot wait a few days. Explain that you tried to get the help of the police and they would not help you.

let me know how you get on.

Kind regards

Caroline

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Customer: replied 11 months ago.
Will there be a fee for this
Expert:  ukfamilysolicitor replied 11 months ago.

There is a fee of £50.

But you may get a reduction - see this form:

https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees#details

let me know how you get on

kind regards

Caroline

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