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Deciding who to live with

(3 Posts)
Jopaynter Fri 09-Feb-18 05:08:28

I need advice I have a 12 year old boy who has been living with his father since we split around 5 years ago, my son was happy for a while, but the last few months he has been reluctant and very upset the days he is due to return to his fathers, there is a court order in place but a very vague one, doesn't actually say where he should stay just states that his dad should make him available every other weekend and split the holidays equally, my son now has been distraught this week and crying down the phone when he speaks to me in the morning( he can only speak with me when he is not with his father as his father gets cross) he was that upset yesterday he asked if he can live with me and my husband an could I collect him that day and he didn't want to go back to his dads, I thought I should see my solicitor she recommended going to court and trying to get them to change the order with an emergency hearing, I tried the judge said he needs to give ex time to prepare his side and wouldn't alter the order until then, which should be next week, I was worried for my son as he had said he was scared, so I collected him from school anyway, and it turns out that my ex has been trying to turn my son against me and every single day saying bad things about me when son asks him to stop he yells at him, he says he has shoved him in the past but this was a few months ago, and my son doesn't want to go back, please any advice on what to do?

Jopaynter Fri 09-Feb-18 05:09:24

Should I get social services involved? Help anyone

SD1978 Fri 09-Feb-18 05:21:17

It hard- have you technically already broken the court order by collecting him from school- has your ex been in contact? Have you contacted CAFCASS yet to clarify what to do next? At 12 he will be given a chance to state his wishes. Would he be willing to go back until the hearing next week? Im sorry I don’t have any actual legal advice, it would be a horrible position for you

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