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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Child residency order

10 replies

mother12345 · 24/06/2015 18:09

Hi my ex husband gets my child every weekend, he was happy with this arrangement before divorce came through and now he has applied for residency, he is a manpulitive man so I don't know what he has said to my child to make him tell lawyer he wants to live with him, there was domestic abuse throughout marriage also, if he is given residency can I appeal the decision

OP posts:

HirplesWithHaggis · 24/06/2015 18:44

How old is your dc, and do you have evidence of your ex's abuse? (Police reports, Women's Aid contact...) He's unlikely to gain residence as judges don't like to upset the status quo without good reason.

Original poster

mother12345 · 24/06/2015 18:49

He is 8 years old, there are police reports but he was never charged with anything

OP posts:

HirplesWithHaggis · 24/06/2015 19:11

At 8, no judge will take the child's pov into consideration in these circumstances. You might be able to get Legal Aid because of the dv, it's certainly worth enquiring.

Original poster

mother12345 · 24/06/2015 19:17

I have suffered depression for a while so I kind of let the house go a wee bit, teenagers didn't help but it is not a health and safety issue, I have since sorted it but the seperate lawyer has recommended the care arrangements be reversed in his favour, I am dreading next court date

OP posts:

HirplesWithHaggis · 24/06/2015 19:22

Sorry, who is the "separate lawyer"?

Original poster

mother12345 · 24/06/2015 21:20

A lawyer who was asked by court to do a report

OP posts:

Collaborate · 24/06/2015 23:04

Is this a lawyer or a cafcass officer? Are you in the middle of children act proceedings?

What country do you live in?

Original poster

mother12345 · 24/06/2015 23:37

Yes that's it, I am in middle of proceedings, I live in Scotland

OP posts:

STIDW · 24/06/2015 23:53

In Scotland there doesn't necessarily need to be DV to be eligible for legal aid and there is no CAFCASS. Instead independent and neutral lawyers with specialist training may be appointed as Bar Reporters whose role is to investigate and report to the court on the circumstances of a child and on proposed arrangements for the care and upbringing of the child. If a Bar Reporter is recommending a change of residency it will carry a great deal of weight and you really need a lawyer acting on your behalf to challenge the recommendation.

Original poster

mother12345 · 25/06/2015 00:28

Thank you I do have a lawyer and will see him this week, I really appreciate all comments here about this

OP posts:

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