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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 8140
Experience:  Barrister at law
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My son has stepsons and his wife has been very fair with

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My son has stepsons and his wife has been very fair with visitation for her ex. He has now married and has another child and they want the eldest child, who is 11 years old to live with them as company for their own child so they are alienating my son and his wife. The child has been with them for 3 weeks during the lockdown as my son's wife gave birth and the father is now claiming that the child is suffering from anxiety about going back home so he is keeping the child and using this anxiety as a weapon. The wife is posting photos of the child with his step brother on facebook making it seem that she is the mother of both boys to rub salt into the wound and my daughter in law is terribly upset. She feels that her son has been stolen from her. The boy is not anxious as he was happy with his mother before the lockdown but the father spoils him and lets him do as he pleases whereas my son and his wife are stricter. The father denies that he wants the child permanently but he has put his name down for a school near to him so that has to be a lie and they are getting the child to lie about his mother and my son. When challenged about the lies the boy just bowed his head and said nothing. What can they do?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, with the lockdown it isn't easy and my son's wife is afraid of alienating her son as he seems to have been brainwashed. Also the wife was convicted in 2008 of being involved in the death of a 79 year old man. The man thought she had stolen his parking space so she encouraged her then husband to get revenge and the old man died of a heart attack. Her husband was convicted of manslaughter and was sent to prison for 3 years, Surely she is not a suitable person to care for this child
JA: 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: Derbyshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you

Hello, my name is*****’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Is there any form of court order in place for contact? Has the child expressed a view about who they would like to live with?

Customer: replied 1 year ago.
The child has now said he wants 14 days with his father and only 4 with his mother
Customer: replied 1 year ago.
The father is always present when the mother wants to talk to the child. H won't let them talk on their own
Customer: replied 1 year ago.
The child told his mother that his father and his wife were always arguing so she told them what he had said. When challenged he said that his mother was lying in front of his father
Customer: replied 1 year ago.
Is the child playing one parent against the other?

It's possible that he is playing one against the other, it's also possible that he is being manipulated.

The important thing is to act quickly before the new arrangement becomes the norm, in my experience.

It may be time to file a c100 application to the court for contact to be defined in an order.

At age 11 the child has a strong voice but it's not decisive.

Can I assist further today?

Customer: replied 1 year ago.
No thank you I will pass that on to my son

My pleasure.

If you do have further questions, you can always come back to me.

In the meantime, before you go today, if you could take just a second to provide a 5 star rating (at the top right of your screen), I'll be credited by Just Answer for my time spent responding to your question for which I'd be very grateful. Without the rating I'm not paid by the site, so your rating is important to me.

Kind regards,

Peter

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