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Residence Order help please
#1
Hello all,

Last year my ex wife was granted residence of my son who is now 9. She has been an alcoholic for years and tomorrow she goes into hospital as she has jaundice due to drink. I have tried and tried with Social Services regarding this and I am getting nowhere.
She has told my son he is staying with his Aunt for a couple of days and then coming to me from Thursday. 
The Aunt has no parental responsibility and the court paperwork makes no mention of the order for the Aunt to have them. 
Problem is I live 50 miles from the school and I cant have him attending school there when I am at work. I want my son to move schools and my ex is adamant this won't happen.
Should I just take this back to Court? I cant live with the thought of my son seeing her die and she is already yellow and swollen. 
I am at a loss.

Any advice would be most helpful.
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#2
(09-18-2017, 06:01 PM)Petewiz82 Wrote: Hello all,

Last year my ex wife was granted residence of my son who is now 9. She has been an alcoholic for years and tomorrow she goes into hospital as she has jaundice due to drink. I have tried and tried with Social Services regarding this and I am getting nowhere.
She has told my son he is staying with his Aunt for a couple of days and then coming to me from Thursday. 
The Aunt has no parental responsibility and the court paperwork makes no mention of the order for the Aunt to have them. 
Problem is I live 50 miles from the school and I cant have him attending school there when I am at work. I want my son to move schools and my ex is adamant this won't happen.
Should I just take this back to Court? I cant live with the thought of my son seeing her die and she is already yellow and swollen. 
I am at a loss.

Any advice would be most helpful.

You can apply to Court on a C100, to vary the existing order.

If the mother is not able to care for the child, you should be next in line, not her relative.

You need a Court Order to say the child lives with you for at least 50% of the time, what means you claim the Child Benefit, and can change the school.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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