There are no court orders in place. We are not 'fully divorced' yet, even though we have been separated for over 3 years.
I have been trying to amicably settle our divorce, however this has stalled for various reasons including the sudden loss of my mother.
He has only stayed a couple of times on a Sunday night and this has been when it has suited my Ex-wife eg. when she has had an appointment on a Monday morning and I have ensured that my son gets to school on time.
On other occasions it has only been when he broke his jaw at school and he stayed at my place at night and during the day when he would have been at school.
Unfortunately she will not agree to 'Family Mediation', we did have our 'Decree Nisi' issued by the Family courts in 2011, but when my Mum died the divorce was put on hold.
I just need to know if I can go against the decision by my Ex-wife when she states that he can't Stop at my house during the school week (Monday- Thursday). Legally, can he stay at my place without the police knocking on my door stating that I have broken the law.
There are NO Court orders in place. I have a Clean CRB check which is completed every 6 months and I have No previous convictions or any outstanding court orders.
I served my country in the British Army from 1984-1996 and then I left to join Hampshire Constabulary as a Police officer from Jan 1996 - August 2005. I am now a Security Consultant living in Southampton, Hampshire. Both my children live with my Ex-wife as she is the 'primary carer' and they live in the 'marital home'.
Thank you, XXXXX XXXXX this further info helps you to answer my question.
I am also aware of options available to me and my Ex-wife, I just need to know if at 12 years old my son can legally stay at my house any time he asks, even if his Mum tells him 'No'.
It's upsetting when I have to drive him home for 8pm telling him that I have to take him home because his Mum tells me I have to and she won't tell him the reason why. I believe that she is being spiteful and does not like the fact that our son prefers to stay with me, his Dad than her. This is my opinion, but I just need to know 'legally' where I stand.
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