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Advice needed on gaining Custody
#1
Hi All,
I was after some advice on how to gain custody of my 9 year old son who is currently living with my ex and I see him every fortnight.
Me and my ex have been separated now for just over 3 years. 

She has always wanted to get back with me but I have moved on and have a partner and another son and living in a different city.

Ex has always been very spiteful and she has always been engaging in adult conversations with my 9 year old telling him his dad is an evil man. 
It has now reached a point where my son has reported at school that his mum has been saying certain things to him about his dad and even advised him to kill himself.

Child Protection services are now involved and have recommended that I should seek legal advice on gaining full time care of my son as my ex is mentally not fit and requires counselling and medical attention.

Has anyone here ever been involved in such situation? I want to gain custody of my son. 
Which forms do I fill in? C1 or C100?

I want to also represent myself in court. 

Your advice will be much appreciated.
Cheers
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#2
Not sure what your question is but if its ' is there a fast track route to getting custody of my son because I believe XYZ?" ... then the answer is no

You seem to have done all the right things by getting the right people involved and they will assess and make the decision.... I guess you know that you're not the only one with an ex who says all these evil things about the father ;-) and having counselling and medical attention may not be enough to remove the kid from shared custody

Get legal advise asap, but trying to run a custody claim (representing yourself) alongside an ongoing child protection case.... think about it... you might want CP to give their opinion first after their investigation

Let the process run its course, if your son is in danger act to protect him (within the law), but default position will be to keep Mum and Dad involved in shared custody... and if she needs help or 'educating' about her parenting skills then they will support that i hope.

I hope someone else comes along and adds a different opinion so you get a good range (not just my dulcet tones!)
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#3
(03-01-2017, 12:20 PM)LTCDAD Wrote: Not sure what your question is but if its ' is there a fast track route to getting custody of my son because I believe XYZ?" ... then the answer is no

You seem to have done all the right things by getting the right people involved and they will assess and make the decision.... I guess you know that you're not the only one with an ex who says all these evil things about the father ;-) and having counselling and medical attention may not be enough to remove the kid from shared custody

Get legal advise asap, but trying to run a custody claim (representing yourself) alongside an ongoing child protection case.... think about it... you might want CP to give their opinion first after their investigation

Let the process run its course, if your son is in danger act to protect him (within the law), but default position will be to keep Mum and Dad involved in shared custody... and if she needs help or 'educating' about her parenting skills then they will support that i hope.

I hope someone else comes along and adds a different opinion so you get a good range (not just my dulcet tones!)

Thank you for the advice.

Social services had been involved for over 4 months now as there were few incidents where my son reported at school as to what his mum was telling him about me.
There was a conference held chaired by an independent rep via social services. Decision was made that there will be a robust CP plan put in place. It was the recommendation made by the personnel involved in conference for me to seek advice on taking custody.

Previously my son was put on a Child In Need plan (4 months ago) now he will be under a CP plan.

Social workers who were involved in the case (2 reps) both have had their input in this conference suggesting that the mother has emotionally abused the child on many diff occasions.

I guess I am at a stage where there is a genuine threat to my child's mental health state due to mum having adult converstaions with him on a regular basis and it is affecting his behavior.

Therefore i believe the case is in my favor already, What I was after is the advice on the process of gaining custody.
i will be in touch with a solicitor but wanted to see if anyone else had been in a similar scenario and what steps were taken.

Cheers
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#4
Wow ... sound like you've had a tough time on behalf of your son.
Good luck... someone will have advice from experience, i hope
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#5
(03-01-2017, 12:36 PM)LTCDAD Wrote: Wow ... sound like you've had a tough time on behalf of your son.
Good luck... someone will have advice from experience, i hope

Yep, It's been horrible. 

Thank you. I hope someone will have some sort of advice.
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