My ex-wife and I have a child arrangement order in place since last year and she now has submitted an application to vary this order. There's a hearing listed for the end of this month and I am going to represent myself as the solicitor fees are very expensive. I want to request the court for a transfer of residence order but I wonder if I have to submit a new application (a new form) or if I can request it in my position statement that I'll present at the next hearing and use these current proceedings to discuss the matter.
TIA for any help.
i am no expert but been through court. I would suggest you mention transfer of residence on your position statement and argue it in court. do you know if your ex will be represented by a lawyer? I dont know your situation, but i read another thread on here about transfer of residence, and it seems that it would have to be something very serious for children to be transferred. looking back i reckon i could have argued for something a little closer to that. should have mentioned that my kids and ex live in a cramped flat. 3 bedroom. total of 10 people living in there now lol. wonder if courts take stuff like that into consideration.
I think you can do this on your existing application, but Bill is correct, the courts are generally reluctant to order that residence changes, so there would have to be extremely good reasons, and the authorities would probably need to be backing you also.
Thank you for your messages. My ex-partner has been determined to disrupt my life and my relationship with our child. She called the social services many times, she made up a false allegation against me and since then I can’t see our child. The police investigation’a outcome is that no further charges would be be taken. My ex- partner is clearly alienating our child and she’s trying everything to prevent us to have a relationship. I believe the system has been more prepared to deal with cases of parental alienation but I agree with you both, it’s going to be a rough ride