I have 3 children with exp. Ds is 13, and hasn't come home from contact with his dad, for the third time running. He has expressed a wish to spend more time with his dad, so we had an agreement that ds would be there 2 evenings a week then eow. As of today he has only been home for 4 days in the past 2 weeks.
My concerns are that ex lives in a 1 bed flat with his new gf and their baby DD. Ex has been there for a long time and made no effort to move to a bigger home.
Also, ex has today sent me a message telling me he is going to put in a claim for child benefit- ex has done this before which I fought and won.
Ex pays no maintenance, he buys bits and pieces but has refused to contribute anything consistently for DC's. I have finally put in a cm claim, many years too late tbh, but he always makes everything so difficult I didn't want to give him reason to make life more difficult than it already is. I think ex relies on benefits, I don't think he works. So with CB he can access tax credits, Hb etc.
I'v had enough, I don't want to stop Ds seeing his dad but I don't think it is a suitable place for him to live and I think ex is doing it for the money. I always have done everything for them all and ex just gets the fun bits. Ds is having lots of problems at school and I think is hiding from reality, also ex lets him sit on his console all day and has no rules or boundaries.
Contact was all arranged through mediation and I have invited ex back for more mediation, but have been advised that I should apply for a residency order due to the unsuitable living conditions.
Is a court going to take into account my concerns? Or will they just listen to ds's wishes? I'm so worried that they will give ex residency for him.
Anyone any advice?