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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have just found out on facebook that my grandsons mother

Customer Question

I have just found out on facebook that my grandsons mother is moving away next week and intends to take my grandson with her. My son and his partner live with us and have custody of my grandson from Thursday to Monday evening every week and 4 out of the 6 weeks holiday as well as many various full weeks through the year. They legaly have joint custody of Cody. It is the first we have heard about this and would like to know exactly where we stand with regards XXXXX XXXXX full custody and stopping her taking him miles away and not letting him see his dad or us.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
Is there a court order currently in place regarding the shared care of the child and how old is the child?
Claire
Customer: replied 3 years ago.


Hi.


Cody is 8 years old. There is no court order in place regarding shared care. We have always tried to sort things amicably. He spends as much time here as he can. This has increased over the last 6 months so that now he is picked up from school on Thursday every week and taken to school on Monday every week. He also stays with us for the majority of school holidays and whenever his mum is "too stressed" to look after him. Both my son and the father of her other child have had many concerns over the years about the lack of care both children receive when at home with mum and social services have been involved in the past. Cody's school have also expressed concern for his welfare on a regular basis. From the information we have she intends to return home tomorrow, pack her things on Sunday and collect Cody from school Monday as normal then go. We have very serious concerns for his welfare due to the nature of the relationships she has had and the people she has had relationships with and fear that if we let mum pick him up from school on Monday then we won't see him again. She has told my son that she wants a meeting with him on Sunday to inform him of "what is going to happen" I would like to know where we stand on not letting mum have him back on Monday and on getting full custody. Also what would be the cost of an emergency residency order if we needed to apply for one on Monday and would Legal Aid be available to my son. Cody would quite happily stay here with his dad and us permanently ... He gets very distressed every time we have to send him back to her.


 


Michael Powis

Expert:  Clare replied 3 years ago.
Hi
There is one easy answer to give - no your son will not get Legal Aid - it is no longer available in these cases
Your son needs to make an application first thing on Monday morning for a Prohibited Steps Order to prevent her removing the child from the school (as in changing schools) and for a Shared Residence Order so that the court can decide on the child's long term future
The application is made on a form C100
http://www.thecustodyminefield.com/CourtForms/C100.pdf
and the fee is £200
He can get help and advice from Families need Fathers (www.fnf.org.uk0
I hope that this is of assistance - please ask if you need further details
Claire

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