Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
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.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.