[Solved] Saying Hello

Hi there and welcome 🙂

As you are in receipt of child benefit and tax credits you are the resident parent. You are also entitled to child maintenance which you can claim through the CSA if she is withholding this.

If the agreement that you are the main carer has been voluntary, for peace of mind and to prevent her from removing him, you will need to apply to the court for a Residence Order. If you go to the Legal Eagle section you will find a sticky at the top of the page called Contact Order C100 Guide. This explains all about the C100 form that you would need to fill in and submit to court, there is a charge of £200 for this. There is also another srticky in the same place called A Guide to Representing Yourself in Court, and this has lots of useful information about the court process and how to prepare yourself. Ther are many Dads that represent themselves, and you will get a lot of advice and support here if you choose to go down this route. My son already has Residency of his son and is in the process of returning to court to have the mothers contact changed, he is representing himself.

Good luck with it all 🙂

Thanks Nannyjane,

Great advice and I feel a bit better but still a big hurdle to get over. I will have to formulate a reply to his mum and see how that goes down.

I think a Residence order is necessary but I'd never stop her from seeing him which I think she will think that is what I am trying to do. He is a happy boy and I don't want him to be affected by all this.

Thanks

David

...You might want to try Mediation, if you are able to communicate with your ex then this might be helpful...often the courts would expect this to have been tried before starting court proceedings. Heres a link ~ www.nfm.org.uk

Hi

You need a residence order as NJ suggests, but you would also probably get a contact order at the same time setting out the contact times.

I'm not an expert but it seems daft that if you are the main carer she can up and take him with her - certainly if it were the other way round you'd be done for taking him.

Get some legal advice - the Childrens legal centre may be able to advise but I feel you need to get this sorted quickly.

Good luck

Thanks for the replies, I certainly feel better than I did but I think this could be a long and rocky ride.

David

if you're the main carer then it has gotta be go for a residence order. contact the school and explain to them that as your child lives with you his mother should not be allowed to take him without your consent. if she turns up at school and does surely that is classed as abduction!

you need to act quickly....suggest to your ex about mediation but still apply for the residency order....if she does that before you then you'll be the one on the back foot and she could get awarded custody if she starts with the DV threats etc... that seem to be the first thing these ex's are advised!!!