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in 2014 myself and my ex wife were given a child arrangement order for 50/50 custody.
in late 2016 i discovered my ex wife was once again using drugs and vanished leaving me with my child
i went to court and obtained a prohibited steps order which states she cannot remove my son from mine or anyone's care without my written permission. i wanted this order to prevent her running off with my child as she was still using drugs.
its been 1.5 years since my son has seen her and im trying to no1 sort out his school for next year as he is in his last year at primary school. I also wish to move out of my current town and re locate some 15 miles away.
my question is does the 50/50 custody still stand now she need writen permission to have my son and can i make the decision of his next school alone.
i have the child benefit also in my name.
do i need to go to court again to change the child arrangement order ?
thanks you
I would certainly start the process of sorting out schools. In practice, if the local authority are happy to take your authority, I wouldn't have thought that you'd need to return to get the order varied. However, it does seem to me that if you do get the order varied, then it would make life easier for the future.
Hi there
Has she been in contact with you at all? Do you know her whereabouts?
Without knowing the exact wording of the PSO it’s difficult to say, but usually a later order would supersede any that went before. I’m surprised the PSO doesn’t make any mention of who the child lives with.
If you’re not in contact with her, you can’t discuss school choices with her, I agree with actd to go ahead with the admissions process, as it’s time limited, it has to be done.
My son has custody of his child and he went through the admissions process last year, without needing input from the mother.
Was she a party to the PSO proceedings at any point? To vary the Child Arrangements Order, the court would probably require her attendance, which may rock the boat for you.
I’d give the court a call and explain your predicament, they should clarify whether the PSO is adequate and cancels out the 50/50.
yes will call the court on monday.
she is aware of the PSO but as a junkie its hard to communicate with her as she accepts nothing and seems to think she is above the law.
i just dont want her to have any say in my sons life as she cant think for herself let alone a child.
I guess if she's a drug addict, it's unlikely she would even turn up for court... and you would be asking for drug testing if she did.
Hopefully, the PSO will be enough and you won't need to rock that particular boat!
All the best
If you've got a PSO dated later than the CAO then she cannot remove him from your care, although without seeing the wording of the PSO its difficult for us to comment.
Unfortunately, the court are likely to tell you to seek legal advice, so I would suggest taking advantage of a free 30 minute consultation with a solicitor if you feel you need that reassurance.
I don't see any value in you taking this back to court as your son is protected by the PSO and the school should be made aware of this too.
Moving 15 miles away isn't a huge move and you don't need to consult anyone or gain permission to do that.
thanks for the replies everyone. im waiting for the court to reply and will take a free 30 minute legal meeting but like you im sure the PSO will be enough as it says she cannot remove him from my care without my written consent and that will never happen without a full drug test and a long period of time.
here main aim of 50/50 custody has little to do with having her son back its mainly to claim child maintenance from me to spend on her addiction.
as i have the Child Benefit also she is fighting a lost cause i hope
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