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Legal matters

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Advice re parental responsibilty & shared residency

2 replies

CarGirl · 04/11/2010 14:56

My dd aged nearly 14 has decided she wants to live with my ex-husband, who is not her biological father.

I have no problem with this (well I do on an emotional level but not a legal one IYSWIM)

He has been advised to gain parental responsibility and shared residency. I am happy (well sort of) to support this and he has this in writing and shown it to his solicitor.

His solicitor has now written to me and told me I need to take legal advice.

I don't get it? She is nearly 14 her views will be taken into account, she is already residing with him.

Why do I need legal advice Hmm why should both I and my ex have to fork out more money for something that we have agreed to do anyway Hmm

Can anyone enlighten me?

OP posts:
readywithwellies · 04/11/2010 22:00

If you don't take legal advice it could be seen as coercion from your exh. The solicitor is covering his arse basically.
Reply to letter, stating you are happy with exh proposals as it is your dds wishes, that you understand that legal advice has been advised but that you have decided it is not necessary. You can go to court and represent yourself, if it gets to that. The judge may question you to check that you are of sound mind.

CarGirl · 04/11/2010 22:22

Okay. Bizarrely the letter says "I look forward to hearing from you" I have emailed back stating what exactly do you want from me you haven't asked for anything!!!

I am really annoyed about the half truths in the letter. "If I were to die then my ex would be appointed legal guardian" Yes he would because it's in my last will and testament. "In a medical emergency my ex would not be able to consent to treatment" Yes he would in a medical emergency anyone acting in loco parentis would be able to Angry

I was also told that I wouldn't have to go to court!

I basically said that as I had already put in writing to my ex that I was happy to support his decision to gain shared residency and therefore parental resposibility and I therefore would not be seeking legal advice because I can't afford it!

Argh, can't believe he's using a solicitor when he has little money and could do it all through the courts himself Angry

Thanks for your help, I also tried to make the point that I didn't want anymore correspondance from the solicitor (ie to save him money!)

OP posts:
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