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Do I have to apply for an order in my own right?

2 replies

user1496231209 · 06/11/2018 11:14

I'll try to keep this as short as possible as the story itself is very long.

My ex has served me with court papers last Thursday after I stopped contact due to him being 3 hours late returning my daughter when she was 6 weeks old and he did so in just a vest. This was only the second time he had had contact without me present. He has applied for a non-mol order based on fictious events of domestic violence, a prohibited steps order to stop me being able to take my DD on holiday without court permission, a specific issue order to get her last name changed to his even though he was at the registration and agreed. Lastly he's applied for a child arrangement order to reinstate contact immediately for 7 hours every Saturday unsupervised.

I wanted to get things sorted in mediation but he didn't show up on the day and when he tried to re-arrange I had found out he was denying parentage to the CMS so I refused.

I want to ask that it is granted that I have residency when I go to court. Will I have to apply to the court separately for this or will it able to be addressed within his application? The solicitor I have seen wants me to submit new applications but it seems pointless and costly and he seems pretty useless all in all.

Also, he has made numerous false allegations to social services about me which have been met with NFA, he has sent the police to my home for "welfare checks" on the basis of my anxiety and depression where nothing was found to be wrong and I was told by the social worker to contact a DV charity after he accused me of threatening to smother my daughter because "she looks like him".

In the acknowledgment form would it be appropriate to tick the box that I believe she is at risk from harm due to these behaviors or not as they were directed at me rather than her? Court is on Monday so I don't have much time at all.

Thank you!

OP posts:
RedHelenB · 08/11/2018 05:38

How old is she now? Other than returning her late how is he as a parent?

1Wanda1 · 08/11/2018 06:04

Lawyer here. Yes you have to make your own application for things you want. The court can't just make a residency order without being asked to.

It may be possible to have your applications heard at the same hearing as his, but it may not (probably won't if the hearing is on Monday), because legal process requires that a respondent to an application (your ex) must have time to respond to the application before the hearing. The rules are set out in the Family Procedure Rules, which you can find online, but your solicitor will be able to explain to you more easily.

Good luck. Don't be alarmed by ex having made these applications. They can only be decided on evidence. If that comes down to just what he says against what you say, it will be up to who the judge finds to be a more reliable and trustworthy witness. Stay calm and stick to facts.

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