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Legal matters

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Original poster

Ex taken son and gave himself full custody

38 replies

Singlemum23 · 25/04/2018 15:32

Hi i need help. My ex took my son and gave himself full custody and im trying to take this to court but i need a solicitor. Anyone know of pro bono solictors or any that would do a reduced rate? Im on a low income and trying to keep my 2 bed flat so my son can come home. But ive just herd hes looking for a 2 bed flat recently. And yes hes on the birth certificate, but theres no court order in place.

Any help will be appreciated, thanks

OP posts:
pinkyredrose · 25/04/2018 15:35

How did he 'give' himself full custody? That's not legal. A court can award residence it's not for him to decide. What were his reasons?

Aprilmightbemynewname · 25/04/2018 15:36

Google solicitors in your area, email a couple with the facts and they will ring you on whether they will be able to help. You need to file for residency ASAP. How did it come about that he has him? Is your ds safe? You are entitled to ask the police to do a check up on your ds.

Ghostontoast · 25/04/2018 15:36

Would Woman's aid be able to help and have you told the Police?

Is the father a foreign national?

FourFriedChickensDryWhiteToast · 25/04/2018 15:37

i think some solicitors wil give a free half hour initially.

Original poster
Singlemum23 · 25/04/2018 15:38

Hes unemployed so i reckon hes taken him for the money and at the same time hes suing a client user and his previous employer. He was a carer

OP posts:
Original poster
Singlemum23 · 25/04/2018 15:39

No, hes local and the police wont do anything because hes on the birth certificate

OP posts:
Original poster
Singlemum23 · 25/04/2018 15:44

I forgot to put that i tried mediation and she said to fo for full custody as she didnt see him attending the meeting as he would have to travel far. I am allowed to see him but for only 2 hours a week

OP posts:
FourFriedChickensDryWhiteToast · 25/04/2018 15:46

it has not been known as 'custody' for a long time.

ChaChaChaCh4nges · 25/04/2018 15:46

Allowed by whom to see DS for 2 hours? If there’s no court order then on what legal grounds is your ex stopping you taking DS home?

notapizzaeater · 25/04/2018 15:47

Who's allowing you to see him for 2 hours ? How old is he ?

AnneLovesGilbert · 25/04/2018 15:49

How long ago did he “take him” and how old is your son? Have you been having the two hours contact he’s offered? How does your son seem?

Contact solicitors in your area and see if someone will give you a half hour consultation. You probably won’t find anyone willing to take your case for nothing but see what advice you can get for free first.

Aprilmightbemynewname · 25/04/2018 15:53

Then you keep him after the 2 hours. If he turns up and kicks off you ring the police. They can't remove ds can they? Then you see as a solicitor and file for residency ASAP. If you need back up get a friend or relative to stay with you. Don't take this lying down op. Your ds needs you. His df isn't acting in your ds's best interests keeping him from you. Keep records of what you have provided /bought /paid for regarding your ds +home to show you are th main carer. Maybe not at this minute but up to the point he kept your ds you are the main carer.

cestlavielife · 25/04/2018 15:54

Size of flat is not relevant. How old.is d's?
Why should it not.be 50/50?

BubblesAndSquarks · 25/04/2018 15:54

If you're seeing him for those 2 hours, then take him and leave. The longer this goes on the less likely the court is to change the status quo. You need to see a solicitor abs apply for an emergency hearing to have him returned.

Ginger1982 · 25/04/2018 16:02

Erm, get round there and take him back! How long ago was this? How old is he? Who is dictating 2 hours?

BewareOfDragons · 25/04/2018 16:12

Get your son back and refuse to hand him back until you have a court order in place.

Aprilmightbemynewname · 25/04/2018 16:18

Has he ever been violent op? Maybe give Ss a ring?

Gazelda · 25/04/2018 16:25

If there's no court order, then who is stipulating 2 hours per week of visitation?
When did this happen?
How old is DS?

LexiGray · 25/04/2018 16:33

They can’t stop you picking him up from school, assuming he is School age.

Is there a lot more to this than you are letting on?

BrendasUmbrella · 25/04/2018 16:36

This doesn't make sense. Who is telling you he has full custody of your child? And who is allowing you 2 hours visitation a week? How old is he? Can't you collect him from school and just keep him?

Original poster
Singlemum23 · 25/04/2018 16:52

Hes 4 and it my ex choice to see him for the 2 hours, not mine. I dont get a chance to take him back as my ex and his mum r constantly watching me

OP posts:
notapizzaeater · 25/04/2018 17:34

Can you take someone with you?

Ginger1982 · 25/04/2018 19:59

I'd be round there getting into a fistfight if necessary to get my son.

Putting my legal hat on though, get to a lawyer and get emergency hearing for delivery and residence.

AnneLovesGilbert · 25/04/2018 20:02

How long since he took him? And how did it happen?

As others have said, how long this has been the new status quo will be relevant when you get to court.

DaisysStew · 25/04/2018 20:30

You don’t need a solicitor, get to the court tomorrow and put in an urgent application. If you’ve been the main parent and can prove it (in receipt of child benefit, child registered to your address with GP/Nursery/Health Visitors etc) then the court will order your ex to return him while you’re going through the Child arrangements process. I’d be applying for a Prohibited Steps Order as well to prevent him doing anything like this in the future.