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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1494
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have a prohibited steps order against my X wife and shared

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Hi ,I have a prohibited steps order against my X wife and shared custody..but he spends more time with me than her...but now on the days he should be with her she is dumping him with people I don't know while she works even though I've offered to have him on these days ,, legally is this allowed as I'm worried for his safety and well-being,he's only 4

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- when was your order made?

- what was the prohibited steps order made in relation too?

- do you have any concerns about the people that the mother is leaving your son with?

kind regards

Caroline

Customer: replied 12 months ago.
Well the order was made last year around April, order was for her not to take the child out of the country as she is originally from Africa and yes I have concerns about the people she is leaving our son with...

Hello

Thank you for your response.

Please may I ask - what sort of concerns do you have?

kind regards

Caroline

PS - if you dont want a phone call - ignore the automatic pop up as it comes from the site not me.

Customer: replied 12 months ago.
Well I don't know these people personally and they are not vetted registered nannies..and they have no parental rights...and is it not safer for the child to be with with me clearly as the mother seems to have no time for him...and now he's being used as a way of punishing me...

Hello

Thank you for your response.

I do have to say that when it is the mother's time with your son then she can technically leave him with whom ever she wants too to care for him. They do not have to have PR for him and they do not need to be registered childminders.

That being said, if there was a child protection risk in respect of any of these individuals then you would need to act to safeguard your son. If you heard something concerning in nature, such as drugs, alcohol misuse, violence etc then you could try talking to the mother and see what she says, and if there was no reasonable explanation then you should report matters to your local children social care so that they can investigate matters.

I can fully understand that if your son is being 'passed from pillar to post' all of the time that he is with his mother then this would be concerning to you, especially if you are able to provide the care that he needs. You could seek to return matters back to court on this basis.

You would have to attempt mediation first to see if matters could be resolved that way. If mediation doesnt lead to a resolution then you can apply to court. If you do have to take this route, so as to ensure that you do not look like you are just being difficult and trying to limit the mothers time (which she is bound to argue) get your evidence together - by way of a list detailing all of the times that you are aware that he has been left elsewhere. This would help ensure that you are acting in your son's best interests and not just being difficult with the mother.

Kind regards

Caroline

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