My partner has left home with our son

clearingout

sorry to hear this is getting worse...

I don't know much about Scottish Law but here in England you would need to get yourself into court PDQ to ask for a return to the status quo, pending any reports by CAFCASS etc. regarding you son's residence.

How often has mum had him in the last few months? Is there any way of coming to a compromise?

damsidebear

clearingout wrote: »

sorry to hear this is getting worse...

I don't know much about Scottish Law but here in England you would need to get yourself into court PDQ to ask for a return to the status quo, pending any reports by CAFCASS etc. regarding you son's residence.

How often has mum had him in the last few months? Is there any way of coming to a compromise?

His mum takes him every weekend, however there are times she can't due to work commitments and drops that on me at the last moment so I then need to rearrange things due to her(not ideal) the weekend past was a prime example she called on the thursday to inform me she was working and would not be looking after our son as normal, i was also due to be working on the saturday, i explained this to her but in her opinion it was my problem and not hers!, luckily i was able to work from home and look after my son when he should have been with his mother!

clearingout

unfortunately this is a common problem for resident parents. You will have to get used to it and always, always, always have a back-up plan. It is no good judging her parenting or priorities, you just need to deal with your side of things. You need to get something more formal in place - it's not great that she has him every weekend. You too need some quality time with him, not just doing the nuts and bolts of parenting during the week.

it may be worth a phone call to the nearest school to where your ex is living and make it clear to them that he is not to be enrolled there. Make it clear also with the current school that you are not moving in and that court involvement in the issue is now pending.

Hope it works out. Keep us posted.

damsidebear

clearingout wrote: »

unfortunately this is a common problem for resident parents. You will have to get used to it and always, always, always have a back-up plan. It is no good judging her parenting or priorities, you just need to deal with your side of things. You need to get something more formal in place - it's not great that she has him every weekend. You too need some quality time with him, not just doing the nuts and bolts of parenting during the week.

it may be worth a phone call to the nearest school to where your ex is living and make it clear to them that he is not to be enrolled there. Make it clear also with the current school that you are not moving in and that court involvement in the issue is now pending.

Hope it works out. Keep us posted.

I have spoken to his school the past two mornings obviously to inform them of his current absence and briefly informed them that as far as i am concerned my son will continue to be enrolled at this school and under no circumstances am i willing to change this, i think i might take you up on your suggestion of contacting the local school next to his mother’s as i never considered this and i do know what school she would attempt to en-roll my son in. i am saddened it has come to this and miss my son dearly and always wanted to steer clear of court proceedings but she moves the goal posts constantly and i feel i have no other option but to pursue residency through the courts.

daska

Is your solicitor aware that she is keeping him out of school? It may be possible to get an urgent hearing on that basis.

Is it possible that she has applied for a place in her local school. In England (not sure about Scotland) you have to declare whether all people with parental responsibility are aware of an application for a school place but, unfortunately, those people don't have to sign the application. You could ring the local education authority and ask (the school may not know).

damsidebear

daska wrote: »

Is your solicitor aware that she is keeping him out of school? It may be possible to get an urgent hearing on that basis.

Is it possible that she has applied for a place in her local school. In England (not sure about Scotland) you have to declare whether all people with parental responsibility are aware of an application for a school place but, unfortunately, those people don't have to sign the application. You could ring the local education authority and ask (the school may not know).

I informed my solicitor that she is keeping my son off school, the head of the school just called me earlier to get a contact number for the mother and to enquire the reasons behind our son being kept off school if this is not acceptable the head is treating the matter as a child missing from education!

damsidebear

just found out she has en-rolled our son to the local primary school near her and if when they get in touch with his existing school his records are transfered!

daska

You need to inform your solicitor about this asap. Leave them a message if they're not in. Assuming the rules are the same in Scotland as England she's done it without your knowledge which means she's made a false statement on the application. How did you find out and what did they recommend?

balletshoes

damsidebear wrote: »

just found out she has en-rolled our son to the local primary school near her and if when they get in touch with his existing school his records are transfered!

I hope you have informed your solicitor of this, and also that you want a court date as soon as possible. Its going to be a long haul, and expensive. Good luck, and keep in mind always whats in the best interests of your child.

neneromanova

Why can you not just go round to her house and pick your son up?