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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35063
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 15 year old son lives with s father following our

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My 15 year old son lives with his father following our divorce. His attendance at school is 53% and I am being held responsible jointly for this, even though I do not see my son at all and he lives in another county. Is it possible to hand full custody to my ex husband to remove this joint responsibility?

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Are you actually facing prosecution?

Customer: replied 1 year ago.
I had a penalt notice applied, but disputed. This took excessive amount of time to be answered and council then deemed it not in the public interest to pursue. My son still is not attending school regularly, so it is only a matter of time before another penalty is issued.
Customer: replied 1 year ago.
in short, no prosecution at present.

Was it issued against both parents

Customer: replied 1 year ago.
ex-husband paid, but I disputed

Is there a Court Order confirming that your son lives with his father?

When will your son turn 16

Customer: replied 1 year ago.
No, no court order....the statement of information was that there would be equal share and ex husband would allow son to make his own mind up if wanted to see me.
Son will be 16 in December 16
Customer: replied 1 year ago.
Is there any other information you need?

There is no action you can take that will remove your Parental Responsibility for your son I am afraid

You could apply for a Consent order confirming that the chid live's with your ex - but that will expire on your son's 16th birthday and accordingly may not be worth the expense involved (mediator's fees plus the £215 court fee)

If you do wish to go this far then you will need to start with Family Mediation.

Please ask if you need further details

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you. It is as I thought.

You are most welcome I hope all goes well