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Request for Urgent Advice and Temporary Custody Order

 
(@beng1122)
Active Member Registered
Background:
 
Two years ago, my ex initiated baseless legal actions against me, including a Non-Molestation Order, a Child Arrangement Order, and a Specific Steps Order, after discovering I had a daughter. We hadn’t been together for 10 years. Last month, during our final hearing, she was awarded a live-with order for our son, despite evidence of her manipulation. Cafcass acknowledged that our son did not specifically state he wanted to live with her and supported my proposed 50-50 arrangement. However, the judge ruled that our son would live with her, and I would have him alternate weekends and half of all holidays, which was an acceptable outcome.
 
Current Situation:
 
Since the court hearing, she has reverted to neglectful behavior, leaving our son at home alone, not taking him to football training or matches, and often being absent despite claiming she works from home. Last week, our son called me, sounding scared. I overheard him pleading to speak to me and her trying to prevent it. There was a scuffle, and he threatened to call the police. I contacted the police for a welfare check, and they brought him to my house. He reported that she had assaulted him, kicked him out, and taken his house keys, leaving him outside in the cold.
 
The police are now investigating her for common assault and child abuse. Our son expressed that he does not want his mother arrested. He also refused to go with her when she visited his school, prompting the teachers to contact me. She has emailed me, accusing me of breaching the court order, but I believe I am safeguarding our son given the ongoing investigation and her manipulation.
 
Request for Advice:
 
Given these circumstances, I need advice on how to proceed, particularly on how to prevent her from taking our son and further emotionally distressing him. I am representing myself and need guidance on ensuring his safety and well-being during this ongoing situation.
Quote
Topic starter Posted : 16/07/2024 2:09 pm
(@bill337)
Illustrious Member

Hi,

Sounds like you may have to return to court, to have order varied for child to live with you. Because child has suffered harm and at risk, you can skip mediation. Can use a c2 form and try get an urgent hearing. I take it that childrens service have been involved and aware of the problems. They should be able to back you on this.

ReplyQuote
Posted : 16/07/2024 7:20 pm
(@beng1122)
Active Member Registered

@bill337

Thank you for your response. Yes, social services are involved and aware. I really appreciate your advice.
 
ReplyQuote
Topic starter Posted : 17/07/2024 11:25 am
Bill337 reacted
(@champagne)
Honorable Member

There's some good advice on the advicenow.org.uk website on representing yourself in court and other orders.

ReplyQuote
Posted : 17/07/2024 7:22 pm
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