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change of contact residence order

3 replies

buspuppy · 12/06/2014 12:29

In March 2011 (after a looong custody case) I got a Contact and Residence Order in my favour for my daughter. A little while after we also finally got DNA test results showing my son shared the same father as my daughter.

Now the father wishes to alter the existing Contact And Residence Order for our daughter to include contact for our son (he does not have PR for our son yet, although I do not know if that is relevant). His solicitor has drawn up a 'consent order', the first line of which states that the March 2011 Order is to be discharged. The first line of the current Order states where our daughter is to reside, but the new Order makes absolutely no mention of residence for either child. If I sign this new Order as is am I going to be signing away Residence of my daughter (and possibly my son)??? Could we not leave the current Order for our daughter as is in fact and simply draw up a new Contact Order dealing solely with our son (who has different contact times anyway)?

My legal aid was discharged several months after the court case ended as my solicitors said they couldn't justify keeping my legal aid open indefinitely when there was essentially no work for them to do. I have recently found out that my ex has held onto his legal aid all these years - now I have no solicitor (single parent no hope of affording one either!), and he does, and I am very wary of signing anything without some kind of legal advice! Can anyone advise me please?

OP posts:
nomoretether · 12/06/2014 13:52

There's no such thing as residence anymore, so no more residence or contact orders.
You'd be looking at getting a Child Arrangements Order where it would say the children live with you.

EmptyNestAgain · 12/06/2014 19:09

It's important that you are happy with anything you sign 'by consent' as it is just what it says....you agree to what is written. You don't have to have a solicitor for family court really. It may be helpful,but magistrates and judges are used to litigants in person and will help you understand what's going on. Anything offered by consent has to go before a judge or magistrates, although it is not often that anything agreed is messed with. If he is applying for a child arrangement order for your son, let him sort it out with the court, but attend any hearings so you can give your view.

Loveudaughter · 20/07/2020 18:08

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