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Hi all,
I have a son who is 5 years old, I live with my partner d 2 hours away. We have had a nightmare with his mother over the years and she is now saying I can have full residence of my son. I have told her we would love to have him but it must all be done legally, we cannot trust her at all, it would be very likely that she would demand him back in the event her new relationship fails.
She has contacted me to say that her soliciter said she can just hand him over as I have PR.
I am not happy with this so have said I need everything in writing and I will then take legal advice. She could still be bluffing as usual.
Can anyone tell me please what happens in these circumstances? what happens when the parents are in agreement? it cant be as simple as just handing him over, what do I need to do now?
Thank you in advance to any replies.
JJ
Hi JJ,
If this is the case and your ex is looking to having you in custody of your child then i would accept and have your son with you. The first item you will need to do is begin with the basics:
- Altering the Child Benefit
- Altering the CTC/WTC
- What contact should happen and when
- Agreeing Maintenance (probably best done last)
Once this is done you can apply for a Residency Order through the Courts. This will make it official and hearings are generally pretty quick. Likewise if the above are in place then it will provide a very strong set up even if your wife retracts her agreement. Courts would want to know why and yes, they can tell when someone is telling porkies.
Like you say before you go ahead with the Residency Order be sure to have something somewhere in black and white (preferably from her Solicitors) to say she agree's to you being the custodian parent.
- Samaritans – call 116 123
- Shout – text the word ‘Shout’ to 85258
