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Lone parents

Use our Single Parent forum to speak to other parents raising a child alone.

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Original poster

PR and joint residency?

5 replies

cestlavielife · 24/11/2009 10:46

picking out from another thread -
"if you both have PR then you will effectively have joint residency already"

surely PR is quite different to residency?

in my case i am seeking a residence order to legalise the status quo - ie teh kids live with me and exP has contact arrangements - domestic abuse and his mental ahleth status so is supervised.

he is asking for PR. (dcs all born before 2003)

am happy for him to have PR but only if the residence order is granted and is clearly in my favour.

so - someone else is saying PR gives you residency? that cant be right surely?

as far as i can see =PR would give him rights to a say in education, medical etc.

OP posts:

shelleylou · 24/11/2009 10:56

If he has PR he can apply for residency himself but PR doesnt atomatically give him resident just more 'rights' to opinions on the issues you have mentioned

Snorbs · 24/11/2009 11:35

If both parents have PR, and absent any court order to the contrary, then from a legal point of view there's very little effective difference between that and court-ordered shared residency. Neither parent would have more "rights" by default over the child than the other (which is what a shared residency order is fundamentally about).

If both parents are in agreement and can negotiate reasonably well then there really is very little to gain in applying for a shared residency order over just staying with the status quo of joint PR. One difference with a shared res order (rather than just staying with joint PR) is that the court would likely lay down the child's splitting of time between the parents (and this by no means has to be 50:50) but even then the parents don't have to follow that provided they both agree to ignoring it. Another difference is that with shared res, either parent could take the child out of the country for up to four weeks without agreement from the othee. With joint PR only, you'd need the other parent's agreement. But that isn't a whole lot of difference really.

A sole residency order is different, though, and overrides joint PR. Sole residency is all about one parent having more rights towards (and responsibilities for) a child than the other parent. In your situation then sole residency / contact orders would make sense.

Original poster

cestlavielife · 24/11/2009 12:21

thanks snorbs that clarifies.

i need to make sure he has to seek agreement to take the dcs out of country. or anywhere. but as they not even having overnights yet and is still supervised on paper it doesnt make much odds ...

hearing tomorrow - i am sure he will ask for PR again - last time judge ordered him to submit in writing to me/my solictior his reasons for wanting PR which he hasnt done.

also we were ordered to have cafcass family conference - he declined to participate. me and dcs were more than willing...

my sol will say he can have PR if he agrees to the residency order in my favour with contact set out for him.

so his PR would be "controlled". i think there is danger he would say "i have PR i can now do what i like" and that is risky as he is unstable...

he represents himself which makes life difficult....no one to spell out to him what is what and what he needs to do... what he can and cannot have

what he wants is to be all back together again. because he "loves" the family. somehow i dont think anyone has got it thru to him that no judge is going to order me to go live with him to be a family. he has sent lots of mad text messages saying "we could be all together again if you let me".

this following many equally mad text msgs accusing me of abusing him (by not living with him) and telling me "one day you will get cancer".

saturday came to drop of ds with the supervisor, begged to be allowed in for "coffee", i said no he persisted ringing doorbell, was ignored then hung around outside kitchen window trying to talk...

eventually he left....

OP posts:

mmrred · 24/11/2009 17:52

My apologies if anyone felt mislead (the quoted line in the OP is mine) as it specifically related to the amicable joint parenting situation described on that thread. Many thanks to Snorbs for clarifying.

Original poster

cestlavielife · 25/11/2009 22:23

well he didnt turn up to court! sent text saying he was not "emotionally strong" enough....

so judge ordered "children to live with their mother" ie residency and cut contact to alternate weekends and once a week midweek evening. supervised still.

if he wants to protest - or seek PR - he wil have to take it back to court.

OP posts:

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