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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have parental rights with my 5 year old son and have

Resolved Question:

I have parental rights with my 5 year old son and have visiting rights every fourth week of every month from Saturday-Sunday, every half term I have 3 days, 1 week at Christmas and Easter and 2 weeks over the summer holidays, In the court order it states that my son should reside with his mother, It has come to my knowledge that he actually lives with his mothers parents and has done so for some time now, his mother suffers from mental health issues and has a health worker. What rights do I have to request full physical custody as I believe if he is not living with his mother then he should live with me and not grandparents.
Submitted: 8 months ago.
Category: Family Law
Expert:  Harris replied 8 months ago.

Hi, thanks for your question.

In the circumstances I would suggest that you 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 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 to vary the 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 concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If 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

Expert:  ukfamilysolicitor replied 8 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I note that yo have requested a new expert.

To add to the information that my colleague has provided - I would say that it appears that you have been through the court process before and this is the correct route to make the application that you son should live with you.

You are going to have to refer to mediation before you can apply to court otherwise the court will reject your application.

Pro points for your application are - you are clearly commited to your son and have a regular relationship with him. The court has previoulsy made an order allowing you contact so there must be no issues in respect of child protection concern.

Minus points are - The court will want to maintain the status quo for your son and if the grandparents have been caring for a long time the court might not want to disrupt this. I suspect that you may live some distance from your son if you regular contact is 1 weeknd out of 4? If this is correct your application might also include a change of your sons school.

You need to deal with matters sooner rather then later as the longer the status quo the harder it will be. You need to provde that you can care for your son each and every day and also promote contact with the mother as the court deems appropriate.

Let me know if I can help you further.

Kind Regards

Caroline

ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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