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hi all 4 years 6 months ago #74460

hi

i have currently a consent order about 3 years old with 3 breaches of the order by my ex, i have joint legal custody of kids and also on birth certificate it is about a 70/30 basis in her favour.

we have had difficulties as my ex and her family are hostile towards me. my ex has constantly called social services and police over the past few years whic resulted in

2 social services investigations which have both resulted in say kids are happy at fathers and no safegaurding issues and no futher action from police.

also i have recoreded all handovers for the past 2 and a half years to prove that i dont cause trouble when handover occurs.

i have decided to go for full custody and wondering would i need a variation order for a change of residence and also how would i word a CAO to reflect my wishes.

regards
for all help

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hi all 4 years 6 months ago #74466

  • Mojo
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Hi there

Apart from the hostility and breaches is there any serious risk of harm to the children when in their mothers care? I only ask because it's really hard to get residency transferred from one parent to the other without there being serious issues for the childrens safety.

To answer your question, you would need to apply for a variation of the existing order for a transfer of residence. You would say something like.....

I am applying for a variation of the existing order for the children to live with me and have contact with their mother.... And then give a brief explanation of the reasons why.

As I have said above, the reasons need to be pretty damning for the court to consider this and you might come out of it with less than you have now. There's no way of predicting what the outcome would be, so I urge you to think carefully about this before going ahead. Perhaps consider going for more, as in a 50/50 split rather than all out residency.

In any case you would need to attend mediation first before you can make an application to court.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

hi all 4 years 6 months ago #74480

hi

thanks for replying

well over the past 3 years my kids have been told to say things to teachers and social workers to make me look bad like i eave them home alone and they are having nightmares at my house. the kids also told me that mum has told them to say they want to stay at mmmys more. she is presurisng the kids to say things they dont want to say. i dont think this is fair and is causing them emotional abuse.

also ex has made calls to the social services every year with stupid allegations and also to police but i have never been arrested. social services made 2 reports with no safe gaurding concerns and children are happy with me. they have told her that if she dosent like court order that she needs to go court and change it but she keeps ringing them up.

other factors is she is not bathing or showering them at all as kids have told me and they dont brush their teeth. my sons teeth are getting very stained. also thier cultural problems with them being mixed race.

i feel its better for them to live woth me for a more balanced upbringing.

in what circumstances would i lose contact time if the school and social services have said their are no safgaurding issues.

regards

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hi all 4 years 6 months ago #74520

  • actd
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It is difficult to predict the outcome of court cases, but it does have to be very bad generally before the courts will consider a change of residency, and the courts aren't yet particularly good at recognising or acting on emotional abuse.

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