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Residency order

(7 Posts)
Justwanttomoveon Wed 17-Dec-14 16:35:35

I want a residency order for my 4 year old autistic son. He has always lived with me and his dad has had access. His dad is a heavy drinker and takes cocaine daily. I have stopped access now as my sons safety can't be guaranteed whilst in his care. My son is nonverbal and can't tell me any problems.
I have briefly spoken to a solicitor and she says I have to pay the court £215 for the order. I have no problem paying this, I just want to know what to expect if he contests the order. Would the court allow him unsupervised access? My ex has mental health problems (caused by alcohol and drug abuse) and this is well documented. It is also on record that he has been violent towards me and he was in court earlier this year for assaulting his current girlfriend. Would the court take this into account and how likely is it that the residency order will be granted?
Thanks for taking the time to read.

Justwanttomoveon Wed 17-Dec-14 18:05:42

Anyone?

Justwanttomoveon Wed 17-Dec-14 22:00:55

Bump

cestlavielife Wed 17-Dec-14 22:31:19

If what you say is onn record it will, be taken into account. You could offer contact in a contact centre.

NanaNina Thu 18-Dec-14 00:59:55

Residence Orders no longer exist. They have been replaced with Child Arrangement Orders but still deal with the issue of where the child will have his permanent home and almost always a contact order for the non resident parent.

Is your ex having contact with the child at present. If not is he trying to get contact. I'm just wondering if it is worth going to court rather than leaving things as they are, unless he is trying to get contact. Many fathers simply disappear from their children's lives.

If however you want to ensure your son has his permanent home with you then you would have to apply for a CAO in the family courts. There is no legal aid available for these private law cases so unless you can afford a lawyer you would have to represent yourself. CAFCASS will be involved in investigating the circumstances and from what you say, your ex may only get supervised contact, at a contact centre, but this is usually a temporary measure. There seems no doubt that the Judge would agree that your child has his permanent home with you.

Justwanttomoveon Thu 18-Dec-14 13:33:06

Thanks for replying. He has no contact at the moment but says he wants it, whether he will actually do anything about it or not, I'm not sure.
I really only wanted the order in case anything happened to me as I'm scared my son will go to him. He is claiming sickness benefit at the moment and states on his claim form that he needs someone to make sure he washes and eats, this is total bull. But as it is on his records surely that would go in my favour, he won't want to change his claim as his benefits would stop so hopefully he will just go away and leave us alone until he gets his addictions under control (really can't see that happening either).

prh47bridge Thu 18-Dec-14 17:29:06

If residence is not in dispute you may struggle to get an order. And if your main concern is what happens to your son if you die an order covering residence makes no difference. If there is a dispute at that point the courts will decide what is in your son's best interests.

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