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I applied for residency 12 months ago, at court this was not granted but a court order was made in my favour that my daughter lives with me 5 nights a week and her mother 2 nights. After 6 months of this arrangement her mother asked me to change this to 1 night a week as she was struggling.
My daughter has lived with me for past two years, contact with her mum has never been routine.
In April of this year her mum asked for more contact so I agreed to going back to court order, I then received notification that she was applying for sole residency. This was based on that she believed I was not involving in her, was controlling my daughter, and that she thought I was pushing her out due to my new partner and her child. My daughter is due to start school in Sep, this is all planned and daughter knows this. Her mum has also applied for a place near to her ( about 9 miles away ).
We had our first directions hearing last week ( represented myself ), Cafcass and myself were suggesting mediation to look at changing nights/school place. She refused to do this. Cafcass have said no need for a section 7 as no safeguarding.
We now have to do statements, hers is due two weeks before mine. Back in court for final hearing in 5 weeks.
Do courts change court orders when no issues of neglect ?
Since court i have now found out that daughers nan is saying to her that she should live with her mummy like other children, and if she does live with her she can have as many toys as she likes ! Loads of stuff going on with this......
Any advice ? Court order likely to change ???
Hi there and welcome 🙂
If there are no safeguarding issues then it is unusual for the courts to award Residency to the other parent. Your daughter has been with you for the past two years and its my feeling that the courts wouldn't want to change this. The mother obviously asked for contact to be increased again because she was intending to apply for residency.
It's good that CAFCASS doesn't see the need for a section 7, and the fact that Mediation has been refused after CAFCASS recommended it will show her to be obstructive and unreasonable. Did CAFCASS talk to your daughter and ask her what she would like?
Hopefully, you will get to see her statement and it will give you the opportunity to respond more effectively and address any issues that she may bring up. Does she have a solicitor? If you haven't received a copy of her statement a few days after she was due to file it, contact either the court or her solicitor if she has one and ask for a copy.
Thank you for your reply.
Cafcass contacted me by phone, and they spoke to mum at court as they couldnt get hold of her despite leaving messages. Cafcass, her barrister and myself met at court before the directions hearing.
Cafcass quite clear that no safeguarding issues and this should really be dealt with between ourselves with help of mediation. Unfortunately her mum didnt want to do this. Cafcass didnt speak to daughter.
I keep thinking/hoping that courts will keep to current court order as no major issues.
One thing her mum has said is that once little one starts school it will be easier for her to drop off and collect as she works part time and I am full time. This is the main reason she is seeking residence.
I think you need to concentrate on the stability aspect of it, she's just starting school and she doesn't need the upheaval at this pivotal point in her life, she need stability and to feel secure. Moving her to stay the majority of the week with the other parent doesn't promote this, and in my opinion could have a negative impact on her, and won't help her to settle into school life.
.if you were working full time when the first arrangement was made then nothing has changed there. Many parents work full time and are the parent with care.
It sounds to me as if you have shared residency and the essence of that is to make the parents work together for the benefit of the child...
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