[Solved] Help with keeping residence of child

Hi there Hatzeva 🙂

Just a couple of questions....

Do you know the reason the mother is receiving legal aid?...this was stopped for private Family Law cases in April and only applicants that have been victims of domestic violence that is provable are now eligible for legal aid.

Have you been served the court papers giving you a date to attend?

As your child is 13, is she/he aware of the new application by the mother, and what are their feelings and wishes about who they live with?

There has to be serious safeguarding issues before a court will change the Residence of a child...you must have had some pretty strong evidence to have been awarded Residency. For another judge to overturn the Residence Order that has only been in force for 18months, there will have to be a very strong case, allegations without proof shouldn't stand up to court scrutiny.

There are two useful stickys at the top of the Legal Eagle section about representing yourself in court, have a read through as they may help you. There are plenty of Dads here that have been, or are going through, the court process so you will get plenty of advice and support here. 🙂

Hi Hatzeva

Are you aware of how your ex obtained legal aid? As of 1 April 2013, legal aid is no longer available for Children Act matters except where DV is involved, or abuse towards children and a couple of others.

You say she has made some allegations, some true and some not, or can be disproved. Is she then alleging abuse against the 13 year old?

I expect there were some serious issues when you obtained residence. As NJ said, there must have been serious safeguarding issues for there to be a change of residence.

Whatever happens, your child is of an age where he/she will be be to speak for themselves via CAFCASS, whom the Court will get involved.

Do you have a hearing date yet?

Ex has submitted a C1A form (allegations of harm and domestic violence) - these allegations were also made first time round in court and not upheld as there was no proof. She has not made any police reports or complaints to the police.

When in court first time everyone was aware that my daughter wanted to live with her mother but it was decided that her views were being forcefully instilled by her mother.

In the previous case there were 2 separate social workers reports both in my favour (my daughter had been removed from her mother for a weekend and placed her in my care and the police advised me to go for residency)

My new wife and I also have another child with us on a residency order after a years supervision by Social Services - so we are quite squeaky clean.

My daughter is aware of the proceedings and still wants to live with her mum (that's not saying she is unhappy with me but that is her preference)

The court date is set for mid August - only just received paperwork and don't know what to do next.

Ex has filed a C1a form alleging abuse against not only my daughter but saying all the other children are being abused too. She did this first time round in court but no police reports have ever been filed against me.

Court is set for mid August.

CAFCASS have sent the preliminary paperwork - just waiting for appointment.

Yes there were some very serious issues when my daughter was placed with me - all regarding her mothers neglect (revolting living conditions)

Do you know a way of disputing eligibility to Legal Aid as I feel she is cheating the system massively.

The issues surrounding LA are quite a hot topic at the moment...heres a link to the justice.gov website that sets out the criteria -

www.justice.gov.uk/legal-aid-for-private-family-matters/legal-aid-divorcing-separating-abusive-partner

CAFCASS will no doubt want to talk to your daughter, would it be possible that her mother might be coaching her to substantiate any claims of abuse? If she wants to live with the mother could this be an issue?

There isn't a lot you need to do before the first hearing. I would advise you to start a diary and record everything that concerns your daughter and her mother. Keep all correspondence, any texts and emails you might receive, and get yourself familiarised with the court process. We will help you through the process as much as we can.

I see no reason why CAFCASS or Social Services, if they were involved, would change their position.

...You can respond to the C1a before the hearing, it might be a good idea to use it to outline the reasons why you have Residence and the fact that these allegations have been made previously but discounted by Social Workers, CAFCASS and the court at the time.

As far as disputing the Legal Aid eligibility, you could try phoning or writing to the Legal Aid Board with your concerns and asking what safeguards they have in place to stop people from making allegations, when there is no evidence or proof, and being awarded LA under false pretences.

My mistake its actually the Legal Aid Commission in England....Legal Aid Board is the Scottish variety!