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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2783
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex husband has a residency order for our 11 year old son.

Customer Question

My ex husband has a residency order for our 11 year old son. We agreed on him living with his father because my son wanted to (2014). Now my son is literally begging me to come and just take him back to live with me. What are the implications of this? How can I get custody of my son again? There are many many reasons my son wishes to return but I am worried I will not have a leg to stand on if I just took him as he asks.
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. As there is a residence order (now known as a child arrangement order for where he should live) the father can apply to court to enforce the order if it is not adhered to. However, if there are serious concerns of child protection or welfare issues, you would have reasonable grounds to not allow him to return to his care - however, your son telling you he no longer lives there does not in itself justify breaching the order.

To legally reinforce any change of arrangements you would need to apply to the family court again using form C100 and a £215 court fee to vary the order and change the living arrangements to you.

I hope this assists you. 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 your question without a positive rating. Thank you

Customer: replied 11 months ago.
Thanks. I think. It's an answer but not the answer to the whole question. I wanted to know the implications of taking my son from his father, at my sons request i.e police and other agencies. I am aware of how to make the necessary changes, just not how I can legally get my son to begin with in order to start the court procedures.
Expert:  Harris replied 11 months ago.

Thanks - in relation to implications, of breaching the order the father is entitled to apply to enforce it and the consequences could be a fine (or in extremely serious circumstances) imprisonment - if the breach was unreasonable. However, given there appear to be issues you would be able to mitigate any enforcement application by arguing the reasonableness for breaching it.

You would need to apply to vary the order so that there is a formal order in place to reflect the change of arrangements and to prevent any enforcement application by the father.

Expert:  Harris replied 11 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.