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Getting a residency order

7 replies

Hullabalooo · 02/12/2018 08:01

For various reasons to do with EA DA it's been suggested that i apply for a residency order for care of dc. The solicitor did however say that it wouldn't be easy and ex would contest it.

I don't quite understand what one is and how it would work? Anyone know anything about it? Would the ex have to agree to it? What's the point of it if you need ex partner approval if there's no way they'd give it. It doesn't seem to make sense.

Any suggestions gratefully received.

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Starlight456 · 02/12/2018 09:10

From my experience it is based on risk of your dc not been returned.

The 2 times it was discussed in solicitors I was addy against firstly I was in a refuge so ex had no idea where we were. Second time my ex was nc and solicitor thought it was more of s risk if we went to court he would apply for contact

Hullabalooo · 05/12/2018 15:50

Thank you for this. Solicitor hasn't mentioned it again so guess I'll have to wait and see.

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BrainWormsWontWin · 05/12/2018 17:38

I was surprised, and had it added into my child arrangement order. I hadn't applied (knew he'd contest) but the judge could see my ex was being a dick and told him he ought to agree to it as "well they are resident with mum aren't they?".

Hullabalooo · 05/12/2018 18:44

Oh does the ex have to agree to it then?

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Hullabalooo · 05/12/2018 18:44

That seems counterproductive!

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BrainWormsWontWin · 05/12/2018 18:53

No, you can apply anyway and the judge can grant it. In my case, the judge(s), there were three, heartily encouraged him to voluntarily sign it as it would look bad if he didn't and it went to a further hearing. So he didn't get much choice! I went in so worried, came away with half holidays, every other weekend and handover away from the house for safety. As well as residential status with me.

Hullabalooo · 06/12/2018 09:52

Oh god i don't want him to have half of every holiday. He's doing far too much damage as it is!

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