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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My sons father won custody of him but he sent him to live with

Customer Question

My sons father won custody of him but he sent him to live with his grandma and sees at alternate weekends. When my son (8) goes over there his dad always refers to me as 'The Lunatic'
What rights do I have?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What contact do you have with your son and why was the child placed with his father?
clare
Customer: replied 2 years ago.

My son was placed with his father when I suffered from depression. He moved out of town from Preston to Southport and settled well in his school. I do not have depression now. The court gave me access for him to stay with me for 2 nights every fortnight at the weekend and alternate weekends he comes to my house for tea. The court also gave me 5 weeks custody in the school holidays. I have now moved from Preston to Southport

I want to go back to court to get full custody of 50-50 custody. Can I do this and what will the charge be?

Sharon

Expert:  Clare replied 2 years ago.
Hi
For clarity then - your son lives with his grandmother and sees you one weekend and his father the next.
How long has this been happening?
Clare
Customer: replied 2 years ago.

Only for about the past month. He won the custody and was living with his mum and dad with my son. Before xmas he moved in with another woman, leaving my son with his grandma, i don't know the address, and for the past month he has been staying there on his fathers weekends.

Expert:  Clare replied 2 years ago.
Hi
When was the Order you wish to vary made?
Clare
Customer: replied 2 years ago.

in April 2013

Expert:  Clare replied 2 years ago.
Hi
Do you think that your son would chose to live with you if her could (do NOT ask him)
Clare
Customer: replied 2 years ago.

If he did then what would be my chances?

Expert:  Clare replied 2 years ago.
Hi
Can you obtain medical evidence confirming your recovery and the current position regarding your mental health
Clare
Customer: replied 2 years ago.

Yes.

Expert:  Clare replied 2 years ago.
Hi
In that case there is no reason why you shoudl not take steps to try and change the current arrangements.
The starting point is to make an appointment with a family mediator
www.familymediationhelpline.co.uk
If your ex will agree to discuss matters then that is where you start - if not, or it breaks down you can then apply to the court for a new Child Arrangement Order stating that the child spends more of his time with you.
I hope that this is of assistance - please ask if you need further details
Clare