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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1367
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My ex wife was granted residency of my son last year. She is

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My ex wife was granted residency of my son last year. She is an alcoholic and now has to go to hosiptal with liver failure. My sons welfare worries me as she is unable to look after him properly due to her alcoholism. I need advice to see whether to return to court. I have already raised concerns for his neglet with social services and his school


Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- did you raise the issue of alcohol in last years court proceedings? what did the court think about this?

- how old is your son?

- what have school said? do they have any concerns?

- what have social services said?

kind regards


Customer: replied 5 months ago.
Hi Caroline,Jamie is 9
Social aware and call her functioning. This morning they were on my side, this afternoon they are on hers.
School aware, there is a SEND programme in place and that is all that they care about. Who he lives with is irrelevant.


Thank you for your response.

Please do accept my apologies for my delay in responding to you.

I am sorry to hear that you are getting mixed messages from social services. Functioning basically means that they accept that she has a problem but that they consider that his basic needs are being bet. That being said it doesnt confirm whether your son is suffering from emotional harm as a result of his mothers actions.

I entirely agree that it is appropriate to return matters back to court in your circumstances. You have a duty to safeguard your son and you know that. The court will likely order a Section 7 report to be undertaken by social services given their current on/off involvement. You do of course, along with the court, then get a chance to scrutinise the local authorities logic and any reccomendations they may make.

You are probably aware that you have to attempt mediation first. I am normally an advocate for mediation but given the alcohol issue I suspect that the mediator will say that this case needs to be heard by the court to investigate matters and they will likely sign the C100 Form for you so that you can apply to court without mediation being attempted. As you cant mediate an alcohol problem.

You then need to set out all your concerns and ask the court to vary the current orders that in place.

Let me know if I can assist you further

kind regards


Please kindly remember to star rate my answer by using the stars. Your question remains open when you leave positive feedback and I can answer your follow up questions for free for you.

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