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If someone could shed some light on whether or not this would work and help in the event of a custody battle.
Myself and my ex have a son, he lives with me full time and see's her every other weekend and once a week. this is an agreement we have always had in place and never felt the need to go down the custody route.
He is due to attend school on my housing estates next year and she is about to move in with her new boyfriend of only 5-6months. For my own piece of mind I would prefer to have something in place that states my son lives with me (i have a 2 bed residency) which I own. My es for context is moving in with her boyfriend who has a 2 bed. she has 2 other children once who is going to live at his uncles and the other with her so my son will have to share a room with him 13year old brother when staying over with them.
It has been recommended to me that I could draft up a letter stating that my ex is satisfied my son lives with me and I have primary responsibility for his well being. stating the name of our son, our names and dob's plus my residency and we both sign and date it. Now although this would not be 'legally binding' would it provide me with any security in the future should she decide she wants to go down a custody route?
I am trying to provide and alternative as I do not likley think she will ever want him full time but would like the security knowing I have a form of priority.
The problem you face is that if you try to draw up an agreement, it might prompt her to object to the arrangement, and disrupt the agreement you have at the moment. I assume you are getting child benefit, and that he is registered with living with you at the school. I would be tempted to leave things as they are, but keep as much ongoing evidence as possible that he is living with you full time.
You could do this by attending mediation, they can draw up a Memorandum of Understanding, which is basically a document that lays down what is agreed between you; that your son lives with you and visits his mum every other weekend and once weekly, recording any other conditions such as holidays etc.
This isn’t a legally binding document, but it is an indication of intent that would be noted if your situation was under threat.
All the best
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