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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33051
Experience:  Over 25 years experience in law
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My son has lived with his dad months now and i feel

Customer Question

hi
my son has lived with his dad for 3 months now and i feel it was a mistake, he is 11 years old now . he has adhd and was diagnoised with epilepsy sep 2014 and spent 3 months earlier this year to his behavour which at the time i found hard due to just having a baby. i feel his dad is pushing me away and somehow influencing my son to not need me.
his dad has to go into hospital for a week and will not allow me to look after him and has arranged someone who is not family to look after him, i'm not happy and don't want this but hes refusing me to look after him. there is no court order in place nor was anything signed, social care had no concerns with him living with me and they no longer have the case open.
do i need a court order to get him back? as i can fully cope and manage him and keep the same routine for him, and will still be at the same shoool.
Submitted: 2 years ago.
Category: Law
Expert:  Thomas Judge replied 2 years ago.
You will need a court order if it can not be agreed between the two of you for the child to return to your care. You should try mediation to try and resolve matters (MIAM). If this does not work then you would need to apply to the court for something called a Child Arrangement Order. This will sort out where the child shall live and what time the child will spend with the other parent and will be by force of a court order. There are some very good books on amazon which explain how to represent yourself in the family court for about a tenner. Happy to discuss. Please rate positive