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Hi there, I've joined to ask about a specific issue that needs urgent attention.
I've today learner the my son's mother is moving, again (to a homeless unit no less), and putting my son into another school, again.
That doesn't sound like much, but the context is important. Firstly this has happened before. I stood back because i knew his mum was struggling to cope and needed a change of scenery. Fair enough. Problem is she lasted about 6 months and had to move back. I was able to stay in contact with the original school and getting him back in was no problem.
What wasn't so great was the toll it took on my son mentally. His behaviour deteriorated and it's been a struggle getting him back to his normal, well behaved, intelligent and kind self. But we got there.
It's now all up in the air and the bottom line is, i cannot allow this to happen again. I have a settled life in a nice home close to his current school. He could stay with me no problem and he would be so much better off.
Of course the mere suggestion sends him mum off the scale with rage. She's the type of person who will twist things, lie, threaten etc if i dare give my opinion or try to dictate how my son is brought up. In short, she has proven herself incapable of looking after herself, never mind the well-being of my boy
There are so many other reasons why my son can't be allowed to continue under her care, but that's for another day.
I need to help to get this sorted out and I've no idea where to start. Please, if anyone can give me some guidance it would be massively appreciated.
Thank you for reading.
You need to get an urgent application in to the court. You do this by completing your C100 and attending in person. The court will either see you the same day or within a couple of days.
What you apply for is your decision but all can be done on the C100.
A Child Arrangements Order about where the child lives and spends their time - ie with you?
A Prohibited Steps Order to prevent the change of school and removal from your care?
A Specific Issue Order about which school the child attends.
It is probably easier to get an interim order for residency if the child is in your care when you apply. At the very least I would have thought you would be able to get an emergency PSO to prevent the change of school.
If the mother is going into a homeless unit - perhaps suggest to the court that your son remains with you for the time being at least.
Yoda, thanks for taking the time to reply.
I should have stated that i live in Scotland...i phoned the court to ask about the c1 00 and they hadn't heard of it. So i assume it's an English/Welsh thing?
Anyway, i seen a solicitor today and explained things. I have a couple of options, the first one being applying for residency. If the court don't grant that i can apply for a specific order issue. All good.
It falls down here though. The system in Scotland no longer awards emergency legal aid for cases of this nature. So I'm screwed either way as i don't have the means to pay upfront fees to take it to child welfare court. Only thing is can do is apply for legal aid and wait 6 weeks before i can do anything.
By which time my sons life will be upside down AGAIN.
It's just not right 🙁
In this country we are able to claim a full or part exemption from the court fees, if in receipt of benefits or on a low income. Might that be something you could look into? Or you could think about going to court without a solicitor, many members here have done the same with much success.
It might be helpful for you to attend a Families Need Fathers meeting in your area, where you'll get face to face advice and support. Hers a link to the website where you'll find details of meetings nationally. If you scroll down to the bottom of the page you will find the section on meetings in Scotland.
www.fnf.org.uk/help-and-support-2/local-branch-meetings
If you need any further legal advice you can contact the Scottish Children's Legal Centre, here's a link to their website
www.sclc.org.uk
Best of luck
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