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Parental responsibility and C100
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wendb69
Posts: 276 Forumite
Good afternoon,
I am posting this on behalf of my son in law.
He recently won residency of his son aged 4 after the mother decided after 2 years that she didn't want to look after him any more. They were never married, hence the need to go through the courts to secure his rights. Cafcass said that under no circumstances should the child have residency with the mother, and visits to her were changed from supervised to supported. She was found to have lied in court also.
Since the ruling was made in August she has tried to manipulate the decision and makes demands not specific to the agreement. The little boy is also cared for (lovingly) by his Nana.
The mother has now issued a C100 citing abuse when they were in the relationship, specifically saying that the Nana is abusive to the child and that the child begs not to return home on the bi weekly weekend visits.
We are all at our wits end, including my daughter who is tightly wrapped up in all this too.
We don't know what to do or think. This seems all so sudden after a court ruling - can this seriously be happening?
Has anyone experienced this.
I am posting this on behalf of my son in law.
He recently won residency of his son aged 4 after the mother decided after 2 years that she didn't want to look after him any more. They were never married, hence the need to go through the courts to secure his rights. Cafcass said that under no circumstances should the child have residency with the mother, and visits to her were changed from supervised to supported. She was found to have lied in court also.
Since the ruling was made in August she has tried to manipulate the decision and makes demands not specific to the agreement. The little boy is also cared for (lovingly) by his Nana.
The mother has now issued a C100 citing abuse when they were in the relationship, specifically saying that the Nana is abusive to the child and that the child begs not to return home on the bi weekly weekend visits.
We are all at our wits end, including my daughter who is tightly wrapped up in all this too.
We don't know what to do or think. This seems all so sudden after a court ruling - can this seriously be happening?
Has anyone experienced this.
Regards
[B[/B]
[B[/B]
0
Comments
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I have moved this to the marriage, relationships and family board in hopes of it getting a response.
My only suggestion is to talk to a solicitor or at least citizen's advice, particularly if they have a legal team near you. Or check if a local solicitor has a pro bono option if money is an issue.I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe, Old Style Money Saving and Pensions boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
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⭐️🏅😇1 -
Playing devil's advocate here, if the mother did genuinely suspect abuse (and I am not saying that is the case) then of course she needs a mechanism to raise it.
As above, I think you need proper legal advice given the complexity.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
Can Cafcass give you any advice?0
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This is really above any forums paygrade because this would be an application to vary a child arrangements order. There is no residency by the way, it's 'lives with' and 'spends time with'. Without knowing the background and the allegations raised it's impossible to give a steer.1
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