Residency order advive

sadie680

My ex husband has got a residency order on my 10 year old son, he got it in 2002. In July 2005 My son said that he wanted to live with me, so my ex husband let him, he has lived with me since with no problems....up until now!
He's now said that he is going to come and get my son tomorrow and take him back to Cheshire with him (im in Essex) to say my son is upset is an understatement.
I don't know what to do....is there anything i can do? can he just take him back?
The residency order is in an address where my ex husband no longer lives....is it still legal?
Could someone please give me some advice, my son and i are in tears and scared
Many thanks
Sadie

rchddap1

I'm no expert and I have no idea how to resolve this. The only thing I can suggest is to try to contact a solicitor as soon as you can tomorrow morning.

I'm sure others will be along, but that is all I can personally think of.

disney_cjd

sadie680 wrote: »

My ex husband has got a residency order on my 10 year old son, he got it in 2002. In July 2005 My son said that he wanted to live with me, so my ex husband let him, he has lived with me since with no problems....up until now!
He's now said that he is going to come and get my son tomorrow and take him back to Cheshire with him (im in Essex) to say my son is upset is an understatement.
I don't know what to do....is there anything i can do? can he just take him back?
The residency order is in an address where my ex husband no longer lives....is it still legal?
Could someone please give me some advice, my son and i are in tears and scared
Many thanks
Sadie

Sadie

I am really sorry to hear about this and the stress that it is causing you all. I see that you are in essex. I do not knwo where but I would suggest having a word with some of the family Solicitors in the Chelsmford area. I am not sure if I am allowed to post details on here but take a look on line or in yell.com and call them. They will all offer you free advice for the first hour or so so call them in tehmorning and have a word.

HTH

CJD

whitewing

READ THIS CAUTIOUSLY AS IT MAY BE OUT-OF-DATE OR WRONG. You may be able to get a residency order yourself:

The following can make an application for a Residence Order under section 8 of The Children Act 1989 as of right:

1. the parent or guardian of the child(ren);
2. a married step-parent of the child(ren) where the child(ren) lived with the step-parent as child(ren) of the family;
3. anyone with whom the child has lived for at least three years (this period need not have been continuous but must have been recent).
4. anyone who:

a) where there is already a Residence Order in place has the consent of every one who holds that Order, or b) who has the consent of the local authority where the chid is in their care, or c) has the consent of every one who has parental responsibility for the child. Seek legal advice - go to the Citizen's Advice Bureau if you can't find anywhere else.

mookiandco

You can make an applicaiton to vary the residence on a C2 form below:

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=78

The fee is £175 but you may be fee exempt if you are on a low invome or in receipt of certain benefits.

Although your ex has a residence order in his favour, the courts general view is that the status qou should be maintained. As your son has lived with you since 2005 you are likely to have good grounds to vary the residence order. From the age of about 11 a child's views will be taken into account, however if your son is a mature 10 year old his wishes and feelings will be ascertained by the court.

You need to see a solicitor asap as the longer your son returns to his father, the less chance you have of varying the residence order. You could refuse to return your son but if your ex calls the police they may well return him to your ex as a result of the residence order. It makes no difference which address is on the order. Having said that, the police usually dont like to get involved in such matters, particularly if your son is refusing to go back to his father.

Please try to stay calm for your son's sake and get legal advice first thing.

If you cant get legal advice, complete the above form and take it to the court in which the original order was made. You will need the case number from the original proceedings. Explain in summary on the form why you want to vary the order. The court will issue the application and send it to your ex. The matter will then be listed for a hearing, which should give you time to instruct solicitors.

mrs_maybe_tomorrow

HI,
We had a similar situation but it was a contact order not residency order that was in place. Sd had lived with us for a few months, after her mother moved away, when her mother decided to keep her following a weekend visit!!. Once we had Sd back (weekend visit), we were told to keep her and get to court next day! We had to get a solicitor and go to court where the Judge made a on order to keep things as they were, same school etc, living with us until assessment was made. The order stated that the mother was not allowed to take the child out of school. It seems the court will want to keep things as they are until both sides have been heard and we had a cafcass report done. In the end we got a residency order, things went back to how they were, what the parents had agreed between ourselves but we were just poorer!!!
Hope you get on ok.
We were also told that the police wont get involved or remove a child from a parent when the child seems happy. I think it helped that Sd was 12 and prepared to speak up for herself!!

sadie680

1st of all, i'd like to thankyou all for your advice and help.
I went to see a solicitor the very next morning, had to take my son with me as he was scared to go to school, anyway, the solicitor filled in some forms, took me to Colchester court house, and i now have a temporary residential order and my ex husbands has been revoked.
I have to go to court again next wednesday, to apply for a permanant custody order, but im ok with that, and too stand me in good stead, ive just had a phone call off my sons school, he has just been made school captain!! :j bless him. He's been through so much, i just want this to end for him.
Thankyou all once again:T
Sadie xxx

ameliarate

Great news, I am pleased for you, good luck next Wednesday but I think you will be ok.
Any reason why ex suddenly decided he wanted son back with him?

sadie680

His dad had a bit of a row with my 17 year old daughter, and just lost his temper and said that he was comming to get Kevin
It honestly came out of nowhere...but then when things don't go his way he does threaten me alot with doing that.
Im just tierd of my youngest being messed about, he needs to be settled, not threatened
Thankyou all again
Sadie xx

skylight

I am glad its working out AOK for you and your son.

xx

rchddap1

Thats fantastic news. So dad can no longer use your son as a bargaining chip which is brilliant news.