[Solved] Can Ex force child to return home?

If you dont have PR I imagine they "could" but the child is 14 and voice can be heard especially if they're naming you as Dad, might be worth contacting CSC yourself - You're supposed to if there is a change of residency and its not between those with PR believe it or not and get applying for PR pronto

Thanks for the reply.

What's CSC?

Hi there

I think your first step would be to contact Social Services and advise them of the current situation and the childs wish to remain with you.

I would then contact Child Benefit and inform them that your child is now resident with you and start a claim to transfer Child Benefit into your name, the same with the CSA.

Register your child at your address with the GP and also let the school know about the change of address too.

As you don't have PR she may ask the police to return your child, they may take your childs wishes into account, but if they decide to act to the letter of the law then the lack of PR would be pivotal.

To prevent this from happening you would need to apply to the court for an urgent Child Arrangements Order for residence and a Parental ResponsibilityOrder. Areyou named on the birth certificate?

To apply you would need two forms, the C100 and the C1 form and the court fee for making the application would be £215. If you are on a low income or benefits you may be entitled to a full or part exemption from the court fee and you would need form EX160a to apply for that.

At 14 your childs wishes will carry a lot of weight and as long as there are no safeguarding issues I don't think that the court would refuse to grant you a CAO for residence.

Have a look at the stickies at the top of the Legal Eagle section, you'll find plenty of information about the court process. If you have any questions or need help with form filling, just ask.

Thanks Mojo, that's very helpful!
I've made a start filling in C1, but note that C100 says I need to attend a MIAM - is that a hoop I really have to jump through?
Already applied for CB and told the CSA. The CSA spoke to ex and ex told them it's temporary so they won't close my case yet... I'm guessing she'll tell CB the same.
I am on the birth certificate, which is something at least, and there's certainly no safeguarding issues at my end

Under normal circumstances you would need to attend mediation first, unless you apply for an urgent order, as I suggested in my previous post. An urgent order can be applied for if there is harm to the child. Although you don't go into detail, you do mention that the mother is an alcoholic and there is some Social Services involvement. The fact that the child can't live with her because of arguments ( her unreasonable behaviour) you could argue that your child is suffering distress and emotional abuse, if she has used physical violence this would also be reason enough to warrant an urgent application. If you don't feel the risks to your child are serious enough to warrant an urgent application then you would need to go the more conventional route of mediation and then court.

If you feel there are grounds to make an urgent order then you can apply to court straightaway... On the first page of the C100 you are asked what order(s) you want to apply for, tick the boxes for Child Arrangements Order (CAO) and Prohibited Steps Order (PSO) stating very briefly in the larger box that you are applying for a CAO for the child to live with you and a PSO to prevent the mother from removing the child from your care. Still on the first page on the right you are asked some questions, you would need to tick the box that the child is at risk and also that you are asking for an urgent order. Because you have stated there are risks of harm you would also fill out form C1a to inform the court of this in more detail.

The reason that I suggested you talk to Social Services is to notify them that your child could no longer live with his mother because of her alcohol abuse, emotional abuse,physical abuse (if there has been anything of this kind) and the awful arguements between them. It would be a good idea to try and get some information about their involvement, although they may refuse to discuss this with you because you don't have PR, it has been known! silly if they do, as you are named on the birth certificate. Ask them to log your call and to record your concerns, this will then be on file and can be referred to in court.