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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22954
Experience:  Senior Partner at Berkson Wallace
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Second opinion] Had to return my son to my ex after court

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second opinion] Had to return my son to my ex after court today apparently I should have taken him to court and not tried for mediation,after court I get abuse from him and his partner and then text messages saying how they are snuggling up together and that I can have my son next week but they are going to see Santa so it’s up to my son which he chooses ? We are back in court in February I need help with this narcissist thankyou

I have looked at the previous response and clearly there is a lot to this.

Unless the court order says that you will not allowed to do with the school, then you have parental responsibility by virtue of being the mother and you have as much say in the trials schooling is the father does.

If the school are any input from you, and they are only taking the word of the father, then it’s an application to court to compel the school to take notice of what you say and ultimately, you and the father will end up in court if you can’t agree.

Although this is really important to you, it is not urgent and any court hearing could easily be a couple of months away although if there is a hearing scheduled for then, there is no reason why you could not metaphorically hijack it and in another issue.

 

Moving back to your initial question, it appears that the father has residence of the child and you have contact. If that’s the case, then at the end of your contact., You have to return the child in accordance with the order.

If you want something different then it’s another court application. I appreciate that your son was crying and didn’t want to return to his father and I’m sorry to say that he’s going to have to get over that until the court have decided otherwise. If there is a safeguarding issue, and provided you have proof of the safeguarding issue, then you can make an emergency application to change the current situation but you are going to need some evidence of the emotional abuse which your son is experiencing and in that respect, it would be a good idea to get social services on your side.

Customer: replied 10 days ago.
Ok brilliant so what do I apply for , for the school not allowing me access unless dad says so or unless in a court order , thankyou so much for your time and advice , i have cafcass visiting soon so hopefully they can pull up some evidence of documentation that I don’t have power to .
Customer: replied 10 days ago.
Am I applying for residency? And a pso? What do I apply to for with regards to school sorry my wording isn’t very good

Thank you. I would suggest that you wrote to the school telling them what you have been advised and asking them to confirm that because you have parental responsibility and there is no court order removing that, they will allow you to have as much input to the child’s welfare/schooling as the father does.

You can always tell them that unless they are willing to do that, you will have no option but to take them to court and to take the father to court. To be honest it would be the father you would be taking to court to get the father to tell the school to allow you to have input to the child’s schooling.

However you can always threaten the court application against the school also (they are unlikely to like that very much!) Even if you only eventually make it against the father.

It would be helpful if you have their reply because you need that being a negative reply, in order to make your court application.

Remember that Cafcass are generally only interested in child welfare and safeguarding.

If you could help me now please, in the way that I have helped you, I would be obliged if you could please use the rating service because that gives payment for my time and expertise here today.

If anything else crops up, we can still exchange notes.

Kind regards.

Stuart J and 2 other Family Law Specialists are ready to help you
Customer: replied 10 days ago.
Very kind and lots of advice much appreciated