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Could really do wit...
 
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[Solved] Could really do with some advice


Posts: 12
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(@placid)
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Joined: 15 years ago

A bit of background, i got with my Ex in 1998' in 2000' she gave birth to our child, the relationship was rocky and she cheated on me 4 times, the 4th being the last as she moved this guy in, married him and had another kid, this was in 2003' shortly after she stopped contact to my boy, and i had to fight through courts for years to get fortnightly contact.

This is where I need the help, I went to collect my boy last weekend and she asked if i had any contact with SS as her bloke told my child and his child to lie about my child touching his so he would get custody, he went to SS and she feared the kids would be taken away, she said the husband got angry with my son when he through a tantrum and she had to intervein then he would pick on her.

Anyway yesterday the Ex committed suicide, and SS dont want to split the children, he has said he would take parental responsibility for my son and have them living with him, this is what i need help with, I have PR and regular contact since 2005, first being supervised then leading to overnight, and school holidays.

I will contact my solicitor tomorrow but has anyone been in this situation that can help ?

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(@Goonerplum)
Joined: 15 years ago

Noble Member
Posts: 1855

Hi Placid,

I have moved this over to the Legal Eagle section of the site.

My word what a situation mate - The kids must be going through a really hard time losing their mother.

I will ask our legal partners at the Childrens Legal Centre to pop by and respond to this.

Gooner

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 actd
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(@dadmod4)
Joined: 15 years ago

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Posts: 11892

I don't think I can begin to understand what you and the children must be feeling. I can only say that you need to act quickly to get your son into your care as quickly as possible. Keep us posted.

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(@placid)
Joined: 15 years ago

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Posts: 12

Thanks for moving to the correct forum.

I have tried to contact my solicitor today and she is in court, so from tomorrow i will be applying for residence

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(@placid)
Joined: 15 years ago

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Posts: 12

Just to keep you updated, i contacted my solicitor this morning and went straight in to see her, made a statement, prior to me travelling there she contacted SS so while i was there she received a phonecall from them, she made an appointment for me to see SS at 4pm today, the interview lasted around 30 mins, they have to do police checks on me, and access my home tomorrow, I am not known to the police (I'm a good boy 😀 )

So hopefully I will have my boy living with me tomorrow

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 actd
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(@dadmod4)
Joined: 15 years ago

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Posts: 11892

That's absolutely fantastic - a great result and very fast. 😀

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 rik
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(@rik)
Joined: 15 years ago

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Posts: 113

Dude! that's an epic result. I'm really happy for you!

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(@placid)
Joined: 15 years ago

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Posts: 12

SS have only just left, not so good news as i was first hoping.

Basically they are still concerned about about seperating the children, and have asked what i felt with regards to having my child and his step sister, now I dont mind having both and sure i can cope with them, but his step sister's dad is a nasty piece of work, so it may course trouble.

They are going to ring me in the morning anyway, all going well they said i could collect my child from school

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 actd
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(@dadmod4)
Joined: 15 years ago

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Do SS know what he's like? If so (or if they can find out), and since you're willing to have them both (lots of respect for that), then you could tell SS that you'll have them both on condition that any contact that step-sister's dad only has supervised contact, or at the very least, a supervised handover, plus possibly an injunction keeping him away from you etc.

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(@placid)
Joined: 15 years ago

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Posts: 12

I did tell SS tonight, he was more controlling towards the Ex wanted everything his way like my son had to call him dad and me by my name, anyway they said they have to contact him and let me know, but i cant see him agreeing to me have her, so think it will get messy now, just a shame that it had to turn out like this.

Will see what happens tomorrow, but i have no problem with taking her on, i feel sorry for her if i'm honest

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(@placid)
Joined: 15 years ago

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Posts: 12

Another update.

Just had a call from SS i have to pick my boy up from school this afternoon, then he lives with me 😀

At this time they aren't placing his sister with me, but have asked to maintain contact between the 2 which is only fair.

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 actd
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(@dadmod4)
Joined: 15 years ago

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Posts: 11892

Excellent news - may be worth checking with SS to see if they have told the school that only you can collect him, and if not, have a word with the school. Have SS said how contact between 2 siblings is to occur - she's probably feeling rather isolated at the moment.

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(@placid)
Joined: 15 years ago

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Posts: 12

Yes, the good thing about the school is they are very strict so had to take photo i.d to prove who i was, SS have said they want contact between sister every saturday and wednesday.

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 actd
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(@dadmod4)
Joined: 15 years ago

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Yes, the good thing about the school is they are very strict so had to take photo i.d to prove who i was, SS have said they want contact between sister every saturday and wednesday.

Well, I can't think of a better result 😀

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(@childrenslegalcentre)
Joined: 16 years ago

Honorable Member
Posts: 447

Dear Placid,

Unfortunately due to professional conduct obligations we cannot offer advice if you are currently instructing a solicitor.

We wish you best of luck with the matter.

Yours sincerely,

The Children’s Legal Centre

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(@placid)
Joined: 15 years ago

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Posts: 12

Another quick update.

My son is still living with me and is happy, his sister has now been placed with her dads brother and his wife, but my boy dont want contact with the step-dad, had contact last weekend as it was his sisters birthday, but really didn't want to go, when i told SS they fobbed me off telling me he needed to maintain contact with his sister, so contact went ahead and my boy seemed to enjoy himself although the step-dad said to my boy "when you are with me you have to call me dad" my boy came home and was unhappy about this, saying he says i have to, and that he dont want to see him anymore.

I had an interview with SS and this bloke in the week, and they said that as my boy seemed to enjoy himself last weekend that they cant see why contact shouldn't go ahead with step-dad, I explained what my boy said about having to call him dad, he said no he dont have to, he can call me what he wants.

Anyway, they arranged contact every sunday 10-5, one weekend his daughter is meant to come to me, the other my boy goes to him, step-dad also asked for overnights with my son and phone contact SS said so does that mean *myself* has overnights with your daughter, to which he never liked so that never got mentioned.

My boy has gone for his contact now, just waiting for him to come home (at 5) to see how it went and if he made my boy call him dad.

So a quick question, if i refuse to make my son avaliable for contact can anything happen ? There is no court order, just the SS wrote down the times and day

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 actd
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(@dadmod4)
Joined: 15 years ago

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Posts: 11892

Sounds like a few minor things to sort out, but generally, seems to be a good result.

I'm not sure what powers SS have to enforce contact, but it's probably not a good idea to go against their instructions, as it wouldn't look too good in court if it ever goes that far. I'd have a word with youtr solicitor for his advice on this point though.

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(@placid)
Joined: 15 years ago

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Posts: 12

Thanks actd,

I have upset SS previously going to my solicitor saying SS have fobbed me off 😳 , when my boy sisn't want contact with step-dad but they said he had to (not in so many words)

When my son was returned my parents opened the door and asked if his sister was coming next week to which he replied "dont think so" if she dont come here then they miss a week of contact as i'm not letting my boy go to them as that wasn't the deal 😀

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 actd
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(@dadmod4)
Joined: 15 years ago

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Posts: 11892

Still worth having a word with your solicitor.

If you aren't already doing it, start keeping a diary of everything that happens, and all that is said.

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