How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
Type Your Family Law Question Here...
Harris is online now

My ex wife currently looks after my 8 year old son. It has

This answer was rated:

My ex wife currently looks after my 8 year old son. It has just come to light that she is to go into rehab for alcoholism. I have my son with me at the moment as I dont believe she is fit to look after him. Can I keep him at home or will sending him back be necessary? I have reported this to social services.

Hi, thanks for your question. Just a bit more information required to fully assist you:

-Are you both in England or Wales?

-Are there any court orders in place regarding him, if so what are the terms?

Customer: replied 1 year ago.
we are both in England, there are no court orders. She refused mediation, and I am in the process of beginning custody.

Thanks for confirming. As there are no court orders there is no obligation to return him due to the serious concerns raised. However, when she is out of rehab she is likely to want to have him back in her care and in the circumstances you should consider pursuing an urgent application to court for a child arrangement order (for residence) using form C100 and a £215 court fee. Given the concerns and urgency you would not need to engage in mediation.

I hope this assists. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris and other Family Law Specialists are ready to help you