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Hi Ive got a huge issue developing with my sons mother (SM) . Shes been sectioned twice in the last 11 months. I secured him last July after attempted suicide and a mental breakdown.
Recently, she's been posting some crazy vile stuff online to celebrities, about her freinds and myself. Shes clearly unraveling and unstable. During the last 11 months shes seen my son once in november in london for half a day. She's sent a video to my son lying in bed with a guy who looked stoned out of his head. Before this she was in a womens refuge and now has a flat in the midlands.
I live with my mother who is elderley and vulnerable to covid. The advice is currently, in the family courts is to keep to social distancing. She has not and has little respect for it. My father died recently and she seems to think my mother is dying, and has told my son so. I had a vile phone call last night about me having drug raped her, and now she has reneged on this accusation. Unfortunately this phone call wasnt recorded, and it was gold for evidence for the police and family court. Very upset it didnt. I have recorded all other phone calls however and reported it the police who see a malicious communication online offence that can be prosecuted.
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The CO in place (technically) is that the child lives with the mother, and i see him every other weekend and shared holidays. I had a bad experience with the courts in the past where mud slinging and downright lying creates a farce with her shouting over me. They sided with her. Shes is quite clever despite being psychotic/schizphrenic/narcissisitic. She says her phone has been hacked and celebrities goldie and banksie have been instrumental (recorded).
She made threats this morning to hurry up my mothers demise (recorded). Threat to kill? Shes saying she'll come down with her boyfreind and take my son away. I've tried to explain to her that is very dangerous to risk the life of my mother especially as she is vulnerable.
The advice i need is where do i go from here?. Technically she is entitled to take my son. It will be extremely upsetting for my son if they come to take him away with the police there. Shes also said she'll shoot my door down (recorded and reported to the police). along with with malicious communications online. She doesnt have any money however and it is a long way to come without a car. I dont want to court but an emergencey PS might be a way to go with a district judge. I DO NOT trust magistrates. Also is my son technically has been living with the mother on out court order but living with me in reality for 11 months which court in which parents area should be applied to? I can forsee a miscarriage of justice and my son being the one who loses,
I have started writing a variation of a court order to to apply for residence with prohibited steps on the mother to to prohibit her from picking up son or collecting him without my Express permission or anyone I entrust his care control to. I dont have her address which will involve a time taking c4 application
Thanks in advance for any help
Hi there
Sorry to read about this.
If you want the court to make an urgent order, you will need to complete a C100 for a variation of the order and a Prohibited Steps Order to prevent the mother repeating this behaviour. Usually emergency hearings are carried out by a District Judge. If your proceedings end up with magistrates, under the current circumstances, you might be successful requesting the matter is raised to Tier 2 given the serious nature of the safeguarding concerns.
You can contact Children's Services or the Police if you feel there is an immediate risk, but any legal changes will need to be addressed through the court.
The court are likely to ask why you didn't apply to vary the order at the time residence of the child changed so be prepared to answer that.
Ordinarily, you would take the application in person to court first thing in a morning, but you will need to contact your local court on the phone to ascertain their current preferred method for submitting an urgent application.
You will need to pay a fee unless you are not working or on a low income. In that case, you will also need to complete an EX160 for help with fees.
Best of luck.
Thanks for your advice yoda there is a problem in that I do not know her address and I am unsure which form to fill out to try and obtain her address.
Just to say i phoned childrens service at the court and if i put unknown in the respondents address they will do a dwp check address request and send it on.
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