Under what circumstances would a court change residency?(4 Posts)
Join the discussion
Registering is free, quick, and means you can join in the discussion, watch threads, get discounts, win prizes and lots more.Get started »
Posted this in legal but no replies.
It came up in conversation with a family member who is going through a very drawn out legal process to sort out access for his child. Has anyone had any experience of a court changing residency? How bad did the home situation have to be before this would be considered?
To be clear, he isn't trying to 'win' residency, however a lot of skeletons are coming out the closet and it made me wonder at what point would the court be willing to move children from one parent to another?
The child's best interests, wishes and feelings will be considered if they are old enough.
Is there a significant risk of harm, rather than not liking the other parenting style. Drug use, abuse or neglect.
50/50 is encouraged where possible and in the best interests of the child(ren)
But each case is so individual it is hard to tell.
there would need to be clear evidence that the child was at risk in the mother's care. You would probably need evidence from an independent party - Social Services, CAHMS, for example. There is quite a high tolerance for difference in parenting in the family courts and it's not enough to say 'she's mentally ill' just because she has a diagnosis of depression, for example. Neither is it OK to be asking a child which parent they want to live with.
Is the child in school? School's can be a good place to start a discussion about what is going on, whether changes in behaviour have occurred, whether attendance is satisfactory etc.
The overriding factor is the interests of the child so a child may be left in a sub-ideal place if moving them would be worse. It isn't easy for anyone to judge.
Courts are unlikely to even consider moving the child unless one parent is really pushing for it - they won't just "notice" unless it's very exceptional.
IANAL just a parent going through Court system for more access
Join the discussion
Please login first.