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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Residency order?

5 replies

Mich1978 · 05/09/2019 21:27

Hi Ladies
Hoping someone can help me as I'm not sure where to look to get the factual answers.
My husband has two young children (9&6) who have lived with us as a family for the last 4-5 yrs they haven't had any contact with their biological mother for the last two years her decision there is no bad blood and the children never talk about her and there is no indications that they miss her. They use to refer to her as my other mum but nothing really over the last twelve months. What I want to know is how we go about getting a residency order even though my husband is Thier biological father in the eyes of the law he would have no rights to stop her from removing the children at any given time and we wouldn't want to stop contact we never have she has just had no interest in them and if she did want to resume contact then we would like that to be done controlled and calm for the children as they don't know her anymore. We know she wouldn't put up any barriers so would we have to court to do this? Or can it be a written agreement between us? or is there another way.
Thank you for your time

OP posts:
WhatsMyPassword · 05/09/2019 21:35

They don't just give them out. You'd have to attend mediation and if conflict couldn't be resolved, an order might be granted

www.gov.uk/looking-after-children-divorce/types-of-court-order

childlawadvice.org.uk/information-pages/residence/

As ever, see a solicitor specialising in family law. ,

Mich1978 · 05/09/2019 21:51

There is no conflict?? She doesn't want to be in her children's lives so what would we mediate about?

OP posts:
PicsInRed · 05/09/2019 22:03

Has your partner pursued this in any way?
Do you find it odd that you are doing the leg work for even the most initial of enquiries?

I would assume he was happy with the status quo and did not want to formalise anything.

Ponoka7 · 05/09/2019 22:10

My DD has a residency order, or rather a child arrangement order.

The Judge ruled that mediation wasn't appropriate. There was no fight from her ex.

See a family law solicitor. Tje only thing is that the Judge might want her contacted, more than likely and that might stir things up.

So get legal advice and think about it.

Ponoka7 · 05/09/2019 22:12

Just to add, it took four Court dates, CAFCAS phone calls, statements to the court, to decide this.

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