Hi

I am separted from my wife, we have 2 children. My wife started divorce proceedings now stopped. My son however is not happy living with his mum and new live in boyfriend who he is expected to call dad.

He has asked me to come fetch him and he wants to live with me, what rights do I have?

I want what's best for my son, she does not let me talk to him on the phone, I bought him a mobile so we could talk and she has banned him from it.

Oh no, unless you can work out something with the mother,it sounds like the battle of the courts for custody..
This isent fair on your son.You have to do what's best for him and by the sounds of it, it looks like your already prepared to do that.Good luck.

You have every right to see and communicate with your children, unless there is something you are not telling us.

But to exercise those rights you have to go to court. You need to go to court and petition for physical custody of your son. This will be an uphill battle however, since it not generally easy to wrest a child from the mother without good reason. At 8 the courts may not even listen to your son's preference.

I would strongly advise contacting a Family Law attorney immediately.