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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35058
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My 1 year old child lives with his mum under a residence order

Customer Question

My 1 year old child lives with his mum under a residence order and I have contact order with overnight stay twice a week. His mum lives with her mum, 2 sisters and niece in a overcrowded 4 bed house. She has told me the landlord wants them out by 18th September as they want to sell house. She is therefore contacting council for help with emergency accommodation / council housing.
Is there anyway I could step in and have custody? - my son lives with me until she can get a house or forever.
I have a 1 bed flat which has plenty of space for me and him.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the Residence Order made?
Customer: replied 3 years ago.
October 2013
Expert:  Clare replied 3 years ago.
At this stage you need to simply wait until she is allocated alternative accommodation
At that point (and assuming it is bed and breakfast) you can offer to have the child more often to make things easier for her.
If she agrees then you are well on your way to establishing a shared care arrangement which will survive her eventually being housed.
It would not be wise to issue a Child Arrangement Application at this stage - wait until the situation is clear - then use Family mediation to suggest that the child spends more time with you.
If the problems remain for more than say 6 months - that would be the time to apply to the court
Please ask if you need further details