How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Family Law Question Here...
Harris is online now

I am divorced with my wife and my son keeps missing schools.

Resolved Question:

I am divorced with my wife and my son keeps missing schools. How do I take my son back?
Last week Thursday night my ex who lives miles away from me dropped my son on my door step and walk away. As a result my son missed 3 days of school. I tried to call my wife to find out but to not avail. My son told me her mum doesn't want him to live with her anymore. Instead i started looking for another school for my son as a backup. Tonight my wife came back claiming social services are after her. Which i believe it's not true but she just wanted to pick the boy. I want to stop this from happening and now I have been blackmailed to being the bad guy.
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.

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

-How old is your son?

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

-What have the arrangements for both of you been?

Customer: replied 9 months ago.
My son is now 11 years old and there's no court order in place. After our divorce in 2006 I first saw my son when he was 18 months at a center in Enfield. After 2 visits my ex decided unilaterally that we stop this arrangement and I was able to see my son anytime despite some instances where the relationship with my ex will break but I always make the effort to rekindle it for the sake of my son. Now after what has happened between her and my son in their house on that night I don't have a clue but it is me to whom they are telling that I will need a court order to see my son. He missed schools for no reasons and when confronting that issue I am threatened with court order. I would like to go to my son school tomorrow to report it and request to see the social services linked with the school as I believe my son safety is compromised
Expert:  Harris replied 9 months ago.

Thanks for confirming. As you were married you have parental responsibility for him and have a right to access school records and see what social services are doing. If you think not enough is being done to safeguard his welfare whilst in the mother's care you can consider pursuing an application for a child arrangement order. If social services are able to confirm that there is a child protection risk from her towards your son you will not need to mediate formally with her and can proceed immediately to court. If social services are not able to confirm this you would need 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 child'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 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 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

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,

Harris and other Family Law Specialists are ready to help you
Customer: replied 9 months ago.
The rate was £31 which I agreed to...could you please explain how this has gone up to £49
Kindly clarify