Ex applied for resjdency order

[Gem1990mar]

My ex applied for an emergency residency order for our 8yr old son.. He mainly stayed with his aunt an was with me when i wasnt working.. Dad also works full time.. But as child requested to stay at home more often th way he did b4 covid (it was easiest to let him stay more with aunt while covid was bad) but all died down an he said he wanted to stay at home again but dad an dads family were raging an didnt want this an i said if they didnt bring him home id ring th police.. So he got in there first an said that i tried to pick him up off my face an thst he wudnt be returning him.. He then applied for an emergency order but was refused an i lifted my son from school an got him back an now he doesnt want to go back near dad an his family bcus they wudnt let him out an took his phone away (so i cudnt contact him) but anyway few weeks later i get a summons in an hes takin me to court for full custody based on his absolute nonsense. What are his chances of getting residency? Will i be drugs tested on th sole basis of his lying ass or wud there have to be proof of drugs use?this is all so ridiculous its about power and control

There is such a lot to think about in your post.

The child will always be at the centre of any judgement. The best outcome for him.

He seems to have had an unsettled life, why was he with his aunt?

Given that your partner seems to have refused to return your child maybe a court order would be a good thing giving your son some stability, something that you and his father can work to.

Are there drugs involved?

Do you use you drugs? Has your son been attending school? Those would both be quite relevant.

Report your post and ask MNHQ to move it to Legal. How old is your son? Were you off your face?

Yes you’ll likely be tested for drugs and for alcohol use too if he’s alleged this. They’ll use a strand of hair for this. The cafcass agent will also open a case to find out more about your households. They’ll then decide how much time with each parent is best for the child. Sometimes this can take some time and a temporary interim order is made in the meantime. If your ex has parental responsibility there’s nothing stopping him collecting the child himself and doing the same thing you have which is not good for a little kid to have so much instability in his life.
perhaps you and ex should try and sort out a proper system whereby DC enjoys both households and his needs are put first.