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Some advice needed ...
 
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[Solved] Some advice needed please

 
(@oneonetwo)
Active Member Registered

Hi, my situation is a bit strange so it is confusing me a bit as to what to do. I have contacted the child law line and it has confused me even more.

A bit of detail

I am not on my sons birth certificate or have parental responsibility and the mother refuses to do it - I understand I send the C1 form.

This is the tricky bit. I have contact with my son, once a week and in holidays can have more and have sometimes had him 4 days in a week. However, the mum refuses to let him stay (he is almost 3) and we live 50 minutes apart which makes it a nuisance. The mother also is very unhinged and can fly off the handle any minute and mess me about dictating days to me.

I thought the C100 would be the one to send, although as I already have regular contact I did not know if it was overkill. I spoke to the child law line not so long ago and they mentioned about a shared residency order instead and it has thrown me off a bit as what to do? I only want to have him overnight a couple of nights at the weekend a month to start with and the other weekends just have him during the day. I also worry if I put in a C100 that the court will reduce me from seeing him every week to one weekend every other week.

Any advice?

Also is there anything you can do if you seriously question the mental health of the mother?

Quote
Topic starter Posted : 28/09/2016 8:10 pm
(@dadmod4)
Illustrious Member

Hi
Firstly, a shared residency order (now a Child Arrangement Order) doesn't necessarily mean equally shared, but it will define how that care is shared. However, before applying for this, you'd need to try mediation, and since there is already an agreement of sorts in place, it's possible that mediation may be all that's needed anyway. If it did go to court, they generally don't like to reduce the amount of contact unless there are welfare or safety concerns. If there are serious concerns about the mental health of the mother, then you can call children's services, but this would almost certainly not help with mediation or cooperation from your ex, so you will have to weigh up what is best for your son.

ReplyQuote
Posted : 28/09/2016 10:08 pm
(@got-the-tshirt)
Famed Member Registered

Hi There,
.
As actd has said, as things have been working then mediation may be enough to resolve the over night issues, sometimes the over night is witheld to ensure child maintenance isn't reduced, so withing your talks in mediation, that could be a consideration, of course this may not be the reason, but hopefully you will be able to resolve it through mediation, especially as you have managed to sort everything else out (apart from Birth Cert) between the two of you.
.
I would start a diary, back dated if needed, of the dates and days that you have had your son, this would help if you do end up in court as it shows that an arrangement has been working and that it should stay that way.
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Any more questions just ask.
.
GTTS

ReplyQuote
Posted : 29/09/2016 1:46 pm
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