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Ex has applied for residence order for nearly 15yo DD

9 replies

postmanpatscat · 30/07/2014 14:57

Given that CAFCASS and social services have already said there are no welfare or safeguarding issues/concerns, does he have a chance? Eldest child, nearly 17, is accommodated under section 20 of Children's Act due to severe mental illness, currently on third hospital stay since Feb, which is when I signed him into local authority care (heartbreaking, but probably the best chance of keeping him alive).

We are at court tomorrow.

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Namechangearoonie123 · 30/07/2014 14:58

On her behalf?

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foolonthehill · 30/07/2014 14:58

I think at this age court will go with her wishes. Do you currently have a statement of arrangements for children?

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cestlavielife · 30/07/2014 16:31

safeguarding for him or fo you? if neither ahs any isues then why cant she choose?
why should she not live with him? any particular reason?
any reason why you cant just have shared residence she lives with both?
what difference would it make practically?
what sort of contact would you have with DD if she lived with him full time?
what would it mean for school etc?
what does she want?
how do you get on with DD?

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postmanpatscat · 30/07/2014 16:52

He has claimed that she is not safe with me and I am not providing adequate care. She and I have a very close relationship and there are no issues there. At present she spends 8 nights a fortnight with me and six with him. DO says his application is 'dumb'.

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foolonthehill · 30/07/2014 22:15

then I expect the court will agree with her!

It is a bit bonkers to apply for a residence order as these have already been replaced for new applications by "child arrangements order" which suggests he has not consulted a legal professional (yet)

A ‘child arrangements order’ decides:where your child lives
when your child spends time with each parent
when and what other types of contact, like phone calls, take place.

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postmanpatscat · 31/07/2014 09:56

He has a solicitor, but it was only yesterday that his intentions were clearly stated. He wants DD to live with him, and says that she is at risk of serious harm if she stays with me (I'm a primary school teacher FFS).

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cestlavielife · 31/07/2014 14:13

what could he be referring to? why serous harm?
he has to have something to back up his claim!
if he doesn't then just stay calm as he has no leg to stand on.
unless of course your daughter wants to go live with him in which case you need to listen to her views.