[Solved] New help ASAP please

Hi There,

I have removed you other post as it's much the same as this one and this one will get noticed as it's not tagged onto a slightly older thread.

I would apply to the courts for a residency order, you are in a very strong possition as your son has lived with you for a while, plus she doesn't have anywhere with a room for him to stay in. Once you have been to court and have been awarded residency you will be able to apply for the child benifits to be paid to you.

Clearly there will be a chance of your ex being awarded residency but I would consider this a very low possibilty as it seems that she only wants your son back so as she doesn't loose the child benifit payment, do you have txt/email proof of her comments saying if you apply for the child benifits she will take him back as this would help greatly.

Darren

I havnt any proof of that Darren no, but i have the schools backing and reports, Im good friends with one of the governors, and she said the school wouldnt hesitate if they were needed to help me, which i guess is a good thing.

Yeah the house she has now got, there isnt a room for him as both her older sons are in them,

She does have a past with drugs and that, but wouldnt wanna mention that really if it came down to it, many people say i should.

How do i go about regarding custoday, is there a site or person you can put me in touch with Darren

Many thanks

You can apply for residency through the family court and can represent yourself throughout.

There is a guide to contact orders and representing yourself through court in the legal section, it won't be exactly the same but will likely to be a simialr proccess.

Your other post looked to be the same queery as this one so I removed it as this thread will get better answers as it's not tagged onto another.

Any other questions put them on here and we will answer them as best we can.

Darren

cheers

all info from you guys would be greatly helpful

Hi there,

As Darren quite rightly says, you have a very good case for being awarded a Residence Order and I would strongly advise you to apply through the courts for one, as it will give you both security for the future.

It would be a good idea to make a note of all conversations with your ex, with dates and times, and keep any texts...do the same with any contact your ex has with your son too. If the school could write a letter detailing the improvements etc with regard to your son, that would be great!

If there is a history of drug abuse, then I think you should bring this up. I would think the court would want to test, and a positive result would help your case considerably. In my sons case, it was the mother that accused my son of using drugs, they were both tested and she tested positive for class A drugs, my son on the other hand got a negative result..... My son was granted residency of his son.

My son had a solicitor and was eligible for legal aid as he is a student on a low income, but as Darren says, it is quite possible to represent yourself if legal aid is not an option. Perhaps a chat with the CCLS on here would help you to understand how to go about applying for residency. Perhaps Darren could ask them to come along and give you some advice.

Not only do I think you should bring up drug abuse because it would help your case, but I would say that you have an absolute duty to tell to the court as you are withholding information that is absolutely vital to the outcome if you fail to do so - imagine how you would feel if your son was put at risk because the court came to the wrong decision because you hadn't told them.

Absolutely actd!

Usually a chaotic environment goes hand in hand with drug use....my Grandson was neglected as his mother was too busy "partying" and there were a steady stream of people in and out of the house, one of whom was ill treating him...