[Solved] Advice needed for proving where son living

Hi there

All of these changes won't happen overnight, they will take weeks to formalise. I would start by contacting the child benefit office and tell them of the changes, the CSA is linked to which parent receives the child benefit.

It's admirable that you are concerned for her other children, it's your decision whether you claim. CSA from her, my son who has residency of my grandson doesn't claim CSA from the mother as she has other children too, so I can understand where your coming from. However I do think it's right that you claim the child benefit and tax credits that you are entitled to.

All th best

Did the SW talk to you about applying for residency? I think it might be advisable to formalise your sons situation and you could apply for an emergency Prohibited Steps Order and Child Arrangements Order for him to live with you. Considering the fact that CS are supporting him living with you, and the fact that it's what your child wants, I doubt it will be a problem.

You can apply with form C100, plus form C1a to tell the court about the risk of harm to,your child. it will cost £215 to make the application, unless you're on benefits or a low income, in which case you may be eligible for a part or full exemption from the court fee and you'd need form EX160 a for this.

The issue of PR can also be dealt with as a matter of course.

All the best

Thank you for the replies
Currently not in great financial situation with it being so close to Christmas.
In the past pr and csa have been used to keep me over a barrel regarding raising any issues but finally the barrel has broken.
In the new year will be applying for pr as I've been told it's only a technicality that I don't currently have it (no denial I'm his father but was born before it became an automatic right)
Mother has since informed son that he can live with me but have no contact with her as will be too destressing (I've explained to him she will be upset at the moment but will calm down)
Hopefully I don't get dragged through the minefield of Benifit agency's as social worker is only temporary to asses risk although she's happy to provide a letter stating where he lives as is his school

HI There,
.
It sounds to me that you are doing everything the right way and in explaining that your ex is up set and isn;t thinking straight is the right way to do it, keep the door open for her to be in contact in the future.
.
GTTS

Do as mojo suggested - the issue with PR is that yes, in some sense it is a technicality - but technically, there is nothing stopping "childs mother" applying to court (via a c100) today, as she does has PR, with the intention of designating "where the child lives".

If that happens, this could then get very protracted and potentially complicated very quickly (as only one child arrangements case can be considered at any given time). Personally, I would be sending the application today (or as soon as). It is easy, though, while the child's mother is "agreeable". But will this always be the case?

Hope helps

I would put in for an emergency hearing using a C100 form. That way you can side step mediation, if you're on benefits or a low income you can use an EX160a to get a reduction or exemption from court fees. If the mother changes her mind and tries to cause problems, you will need an order to protect your son.

You would complete the forms, take any evidence you have and attend court in person, you will likely see a judge the same day or within 48 hours. The mother will have a chance to challenge the order at a later date but sounds like she probably won't.

You can call your local court and ask how to make this application. Some ask you to email it in and then call you to attend, some will ask you to wait there in person to see a judge.

Keep posting and we will do what we can to help.

Good luck