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Arrangements / court - please help
#1
Hi, this is my first post and i really need advice on what to do from anyone who can help me.

I'm 19 years old, i have a two year old son with my ex partner, we ended our relationship back in november 2015 and she moved out of my place and didn't really see him for about 4 months. in april 2016 she had him for a day because i wanted my son to see his mum and then that day she didn't return him, i found out after going to see her at her family's home she decided to be more involved and stated she wanted to do an agreement that she has him saturdays from mid-day until wednesdays at 9am and i have him the rest of the week, i had to accept it or she wouldn't allow me to see my son again.

So from then it's been that agreement, but over time things between myself and her have just got worse, in november 2016 she got in a relationship with someone, turns out to be my next door neighbor, i live in a block of flats and he lives right opposite my door, so that's made everything between her and myself worse. Ever since then he's wanted to be move involved with my son and he loves to point out that he is with my sons mum, so he's automatically a parent to him, which is not true, what makes this even more worse they are now engaged (January they got engaged) and he likes to point out more that now he's my sons step-father.

With that conflict going on between me, my ex and her now fiancee, they both keep asking me for money i don't have (i go to college and when i'm not in college i'm looking after my son), so £50 one week, £60 another week, it's getting too much, it's putting a lot of stress on me. About a month ago, i started voice recording the times i've interacted with them (getting my son back, her picking him up) and then one morning which i'm so happy about recording, my ex's partner assaults me and it can clearly be heard on the recording that he admits and there will be more if i 'don't become a better father' in his words. i'm doing the best i can being a single father.

So that morning after that happened i called the police and they took my statement and finally took his after a week hiding from the police, took his statement and he denies it ever happening. so it's going to court and i'm hoping he can be charged for what he did. 

So now that's given you a little story behind what's going on, now i need help. 
I'm applying for a c100 form, i have want it to state that my son lives with me and see's his mum half a week like we arranged, and in that form i'm applying for a prohibited steps order to keep my ex's partner away from my son on the grounds of a violent assault towards me.
  • what is the chance this will be accepted?
  • is there any laws stopping me from moving else where in England with my son?
  • I could be getting an apprenticeship soon, which involves working 4 days a week and then college on friday, how can i sort that out? do i accept my ex to have him the 5 days a week and i have him at the weekend or not.
if there is anymore information you would like, that maybe you would need to know to see if it can help me, please let me know soon as, i want to have this sorted as soon as possible, so any great advice you can give will be brilliant.

thanks in advance.
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#2
Firstly, we cannot predict what a court may say regarding whether your PSO will be grated against the partner of your ex. This will be up to the court to decide on the basis of the Cafcass Report, please see link http://www.separateddads.co.uk/what-goes...eport.html. If your son is already living with your ex and she is considered the primary carer, it is highly unlikely the court would remove your son from her care and hand him over to you. Stability and consistency are considered most important in a child's life and unless it is absolutely necessary the court will not change residency. If you have Parental Responsibility, take your son without consent (please see link http://www.separateddads.co.uk/what-happ...nsent.html), and attempt to move away with him, there is every likelihood the courts will rule that you bring your child home and hand him back to the resident parent. Taking your child without consent can backfire and it could make access even more difficult, so it is never a good idea. If you are at college, then any child maintenance you pay will be at your discretion, if you are not earning an income it is unlikely you will have to pay more than flat rate, but this will not affect any rights to see your son. The positives are that you have previously been considered the primary carer (when you had your son for four months) and your ex came and took him. Hopefully, Cafcass and the court will empathise with your situation here. What you must remember, is that the courts are not interested in you or your ex, or her boyfriend's spats. What they are interested is what it thinks is in the best interests of your child and they will want to see that you too are thinking along these lines and not trying to gain one-upmanship over your ex. If agreements can be reached amicably, then this is the best way forward. If you can't the courts will make the decision on your behalf, which is likely to be access rather than custody. I hope this helps.
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