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Hi there
I will try to keep this short so as not to bore you.
Basically My son who is 13 wants to live with me. He currently lives with his mother, BUT.... He now stays with me or my wife ( if i'M away on work) more than half the time so he is more or lessliving with me. Me or my wife buy more then half the things Jamie needs in life, we buy all his football stuff, like boots and memberships and it's either me, my wife or one of my family members that are running him everywhere. As you have guessed I am paying her money each month which is clearly not being used for Jamie, SHe is re married with 2 other kids with her new husband so that is where the money is going.
MY son would love to live with me ( even thoough he kinda already does ) and I would love to stop giving her money for her family, I would much rather be putting that money each month into a savings account for Jamie where I know it would deffinately be going towards him
Any advice of guidance would be greatly apreaciated and thank you for taking time to read this
Ian
Basically me, my wife and Jamie want to make this an official thing, him because he hates living with her and her husband, and me and my wife so we are not paying for her new famil, and also because Jamie is so much happier when he is with us, and I have to say an all round better kid
Hi mate,
Thanks for coming on here. Excuse me if I'm being stupid but are you saying that your ex is happy to make it all official as well? If so, then what is she saying about the CSA payments? If she puts in writing all of this as well, then maybe you can come to an agreement to stop paying this too?
Daddyto4
I will ask the CCLC to comment on this - I would say that you could go for a residence order and your son is old enough that a court would take his views into consideration (though beware, that doesn't guarantee that they will grant his wish to live with you), they would also consider any disruption to his wellbeing by him living with you, but as you say, he pretty much does anyway. If you don't already do so, keep a diary of every day (and night) that he stays with you, it will be useful if you decide to go for residency.
Hi mate,
Thanks for coming on here. Excuse me if I'm being stupid but are you saying that your ex is happy to make it all official as well? If so, then what is she saying about the CSA payments? If she puts in writing all of this as well, then maybe you can come to an agreement to stop paying this too?
Daddyto4
No not atall mate I apologise I should ahve stated this, his mother does not know of our plan yet and I know for a fact she will not like it and there will possibly be a fight on my hands
My hope is after seeking some legal advice that should it go to court under scotland (childrens ) act 1995 he s of a sound age to give his opinion and there should be no reason court won't rule in our favour if it goes that way.
I am going to propose to his mother that we keep things exactly the way they are, Jame comes and goes as he pleases as he's at mine the most anyways, he is happy, then I stop payments which she will not like atall. We both put £100 a month into intoa savings account every month ( again which she will not like ) and the spare money I have me and my wife want to use towards getting jamies bedroom a little more comfortable for him.
Thank you for your question Ian.
As we are based in England, we can only advise on the Law of England and Wales. From your previous post, we assume you currently reside in Scotland. If this is the case, I would advise you to contact the Scottish Child Law Advice Line on 0131 636 1245.
I wish you the best of luck.
If you have any further questions please contact us again via our webchat facility. The link to our webchat is http://www.childrenslegalcentre.com/index.php?page=web_chat.
Yours sincerely,
Coram Children’s Legal Centre
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