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Hi
I have two sons 9 and 15 from different relationships. I have recently split with the mother of my younger son the mother and myself purchased a house together
Both boys live with me the issue is with the younger boy who has refused to visit his mother and on the two occasions he has he has been really disruptive he has not seen her for about a month.
The mother has now engaged a SOcial WOrker on child protection grounds and has threatened to take me to court to get custody of my youngest son and to force me to sale the house the three of us live in
The youngest has said repeatedly he will run away from her he is nearly 10 the house she is living in is half owned by me she will not take his half brother so is splitting up the brothers
Can she get custody of my son can she make me sale the house despite the boys unwillingness to go with her and the Ouse being a family house.
Hi Bob,
Welcome to the site,
I would have thought the court wouldn't want to split the boys up and if your son is so unwilling to see his mum I would think this would be taken into account also as Caffcas would probably get involved. That said it could happen I guess.
I will ask the family rights group to read your post and comment for you they may take a day or too.
Darren
It is one of those situations that you almost wish she would take it to court and so they can award you custody.
If only life were that simple.
However they kids need to be put first and they are old enough to make their own decisions
Good luck with it
Stay in touch
Hi Bob
My name is Suzie, an advisor from the Family Rights Group, an organisation that gives advice where Children's Services are involved.
Thank you for your post.
You state that your two boys are living with you. Do you have parental responsilibity for them either by marriage, or court order, and is the living arrangement by informal agreement between you and their mother? The reason I ask, is that this could effect the type of advice that is given to you. I am not quite sure, on what grounds the mother has persuaded Children's Services to undertake a child protection investigation, which will determine whether the children are at risk, or if there is any need for parenting support. That said, it is best that you cooperate with this. If you have a legal right for the children to be with you, then the mother should seek legal advice about applying for a court order. Alternatively, you may wish to seek legal advice from www.lawsociety.org.uk. It is true that in the event that the matter goes to court, they could request a section 7 welfare report from Children's Services or Cafcass, and this will look at your children's views, as well as what it considers to be in their best interests. A solicitor specialising in family and divorce and/ or property lawyer can advise about distribution of your assets such as your home.
You may wish to contact the Family Rights Group advice line, should you want to discuss your situation in more detail on 0808 801 0366 Monday to Friday 09.30 am to 03.30 pm.
Best Wishes
Suzie
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