teenage son

[PurpleCherry]

i need help to stop my ex husband taking my son to Australia. I signed the papers years ago as then my son wanted to go. Now he is 14 and wants to stay at school, which he loves (worryingly for a teen) and with his friends, live with me. If my son goes to Australia he will be living with a step grandmother who hates him, a step mother who hits him and yet my ex will not support my son whenit comes to these issues. The ex is being very selfish. When my son and i told his father, he said,"what about all the money i spent and the visa", not bothered about what my son wanted. so how do i get the ex to let my son stay while he stiil emigrates to Australia with new wife and family, thats another story. I need help in where to get advice and help so that my son can stay in this country and finish school.

Your son is 14 so his wishes will prevail and no court will force him to go to Australia.
If your ex husband will not listen to him, you can apply to the court for a P.S.O. to stop the move.
Your son will be asked for his views and those will be reported to the court.
Get an appointment with a solicitor in your area.

Thank you for your help, i did not now that i could get a P.S.O. (not sure what it means), but i wanted to do it without going to court, but if this does not work then i shall go for a P.S.O.. My Ex is being very selfish and stubborn so it may resort to this.

Sorry; it's a Prohibited Steps Order. I assume your ex will go to Oz without your son and will your son be prepared for that? Is he happy to come and live with you?
If your son is expressing clearly that he wishes to stay here, even if his father emigrates, that is what will happen. I don't see how his father could force him anyway and at 14, the court will class him as Gillick Competent (ie able to decide for himself) unless he has special needs or some other reason why he cannot articulate his views adequately.

My son wants to stay at school here and live with my husband and i. His father is not listening to him and is being very selfish, all he is worried about is the money it has cost him. But his in laws are paying. I really do not now where to start. His father is forcing him to go, and will not listen to me or him. i am

OP,

Go to see a solicitor with your son. If it goes to court, your son's wishes will prevail.
When is his father planning to leave for Oz?

His father is leaving in January 2012, I have a solicitor and will bw writing to him tomorrow, but i can't afford to pay for all the work to be done, and the court fees. so you see my perdicament

If you can't afford legal fees and you aren't entitled to legal aid, you can do it yourself with a little help.
What part of the country are you in?

I am really thankful for your time,and now that i sound frantic but i am at the end and am worried sick for my son. Thankyou. I am near Bristol, and am very interested in how i can do it myself. Please explain

You make an application to court for Residency and ask for a Prohibited steps order to prevent your son being removed from the jurisdiction. The form which you can get from the HMCS website is called a C100 and it is not difficult to complete.
You lodge it in the County Court closest to where your son is living.
There is an organisation called Mothers Apart From Their Children who can give you some support and advice.
I understand that Families Need Fathers also help mothers. Both should have helpline numbers.
You are entitled to the assistance of a McKenzie Friend in court if you don't have a lawyer. Some charge for their time, some don't. Some are very good, others are not.

You can do it!! And tyr, you are fab!

Just want to add, where is his passport?

Thank you for the kind words ILT. Your cheque is in the post.

I am thankful for your help as i would not have known where to go. I have downloaded a C100, and am feeling scared and anxious. Now i have to put this to his father one last time before i post the form off. fingers crossed. I will be back for more help later. And thankyou again.

I have told ex-husband that i have applied for a P.S.O and he has told my son that he can stay in the uk instead of going to Australia. That's good, but he will not correspond with me to let me know what is going on, and what we are doing next. Please could you suggest what to do next.