Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Child residency order

(11 Posts)
mother12345 Wed 24-Jun-15 18:09:41

Hi my ex husband gets my child every weekend, he was happy with this arrangement before divorce came through and now he has applied for residency, he is a manpulitive man so I don't know what he has said to my child to make him tell lawyer he wants to live with him, there was domestic abuse throughout marriage also, if he is given residency can I appeal the decision

HirplesWithHaggis Wed 24-Jun-15 18:44:32

How old is your dc, and do you have evidence of your ex's abuse? (Police reports, Women's Aid contact...) He's unlikely to gain residence as judges don't like to upset the status quo without good reason.

mother12345 Wed 24-Jun-15 18:49:50

He is 8 years old, there are police reports but he was never charged with anything

HirplesWithHaggis Wed 24-Jun-15 19:11:26

At 8, no judge will take the child's pov into consideration in these circumstances. You might be able to get Legal Aid because of the dv, it's certainly worth enquiring.

mother12345 Wed 24-Jun-15 19:17:13

I have suffered depression for a while so I kind of let the house go a wee bit, teenagers didn't help but it is not a health and safety issue, I have since sorted it but the seperate lawyer has recommended the care arrangements be reversed in his favour, I am dreading next court date

HirplesWithHaggis Wed 24-Jun-15 19:22:54

Sorry, who is the "separate lawyer"?

mother12345 Wed 24-Jun-15 21:20:03

A lawyer who was asked by court to do a report

Collaborate Wed 24-Jun-15 23:04:42

Is this a lawyer or a cafcass officer? Are you in the middle of children act proceedings?

What country do you live in?

mother12345 Wed 24-Jun-15 23:37:45

Yes that's it, I am in middle of proceedings, I live in Scotland

STIDW Wed 24-Jun-15 23:53:04

In Scotland there doesn't necessarily need to be DV to be eligible for legal aid and there is no CAFCASS. Instead independent and neutral lawyers with specialist training may be appointed as Bar Reporters whose role is to investigate and report to the court on the circumstances of a child and on proposed arrangements for the care and upbringing of the child. If a Bar Reporter is recommending a change of residency it will carry a great deal of weight and you really need a lawyer acting on your behalf to challenge the recommendation.

mother12345 Thu 25-Jun-15 00:28:20

Thank you I do have a lawyer and will see him this week, I really appreciate all comments here about this

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now