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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 35925
Experience:  Over twenty-five years experience
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I’m looking for advice. Last year in a final hearing in

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Hello. I’m looking for advice. Last year in a final hearing in family court, I granted my ex husband primary residency of our now 14 year old Son (against CAFCASS recommendation) but inline with my Sons wishes and to save him further upset as a lengthy case continued.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: We now have a court order that states he lives with his Dad in the most part visiting me every other weekend and shared school holidays.
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: continued...
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: can the court order be over turned? Today we had a call from his safe guarding officer at his school to say he was not happy and having suicidle thoughts. I don’t know how to help him without breaking the court order. I’m looking for advice please !

Let me see if I can help and please rate 5 stars. I would try and get something in writing from the safeguarding officer to confirm what he is saying - then there is nothing to stop you from either speaking to father to try and resolve the issue of where the child lives - or you can make a fresh application to the court for him to live with you - the form is the C100 - you can make the application immediately. I have to help you attached a link to a great book which should help -

Happy to discuss and please rate 5 stars

Customer: replied 3 months ago.
Thank you so much for your helpful reply, I will be sure to rate you five stars. Do you know if that in the interim while the new application process is happening, my Son is able to stay with me to protect his mental health? Or would that be something the judge could order on the first hearing. I will be worried about him in the interim of application made and the hearings as his father is currently being phychologically absusive, without knowledge of intention to come back to me. He will be angry that Henry’s actions will have helped facilitate a new application.

If the local authority are supporting the child in moving to you in the interim then the court would usually allow this straight away, particularly if they have the concerns which you have set out - otherwise in all likelihood the court would wait until the final hearing or a recommendation from Cafcass. The book should help. Happy to discuss and please of course rate 5 stars.

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