[Solved] residence order likley ?

now comes to most serious bit . i was informed sataday night to check a website out as a profile fitting mums description i there . ok i think so i pop to this site offering adult services ( escorting lets be honest its prostution ) now at this time it not 100% her however upon looking in a gallery of said user . i find lots of extramely graffic images of mum performing various acts on various people . the worst part of this is the pictures are in the family home and incall sevices being prefered after 9.30 pm ( reads to me while kids in bed ) now at nearly midnight by this time sat night i want to go round and take the kids there and then .
now my friend pulled all pics document listing services etc on to file for later .
so i find an excuse to hve my girl an extra night and have her sun and take her to school mon morning so ican sleep
i seek legal advise asap monday and try to see social sevices . the solicitor advises to apply for residency .SS DONT SEEM TO BOTHERED as she wanted to go home ( it was 4;45 they finish at 5 i kicked a little untill i was seen ) didnt want to see images proving this ????
so to now waiting on court to get back to me .called SS yesterday ( 3rd call now ) said social worker off sick and will be called mon with update ( wont hold my breath ) .
now any no b/s assesment on this whats likley to happen ( i dont qualify for legal aid and £180ph + vat solictor bill comming out of my ears ) so i thought id ask here as was helpful last time .

aslso being on benifits and am 100% sure not paying taxes etc on earning woth tlling benifit fraund people etc ( also fella not declard being there )
worth doing this now ?

im scared shell try and stop acess when she finds thi all out and try and move to spite me . anything i can do due to having PR ?
oh to clear i hve her regular a clockwork 3 times + a week

cheers for reading

Tricky one here. Everything you have said here says that she should be living with you, but changing residence isn't always guaranteed. Social services should be involved, as you have tried to do, but their first priority will be to assist your ex to cope and not to remove them. However, with the other evidence you are gathering, I'd certainly keep on at SS until you can discuss it properly with them.

If your ex decides to put up a fight, then you could be looking easily into the thousands of pounds, and quite possibly more, unless you decide to represent yourself.

Hi quagmire,

Tricky one mate - I will ask the Childrens Legal Centre to pop by and give you their take on the situation.

Gooner :ugeek:

hi people yeah im finding the whole thing hard at the moment . now i spoke to SS today who arranged a home visit ( but wrote to inform her prior to this ????? why ) so im to call tomorrow to see how it went .
i also receved a court date today but im worried sick she'll attempt to deny acess straight away can i do anything about this as i have PR ( like just piker he up from school ) ?
i guess this would look bad but as my little girl keeps asking to come live with me i know it'll hurt her not seeing me ( as her feelings have to come first so irelivent what i feel )

ps excuse the poor grammar on above posts i ment to back but dammed if i can find the edit button

As long as you are logged in then each post by you has an edit button on it.

gooner

i spoke to SS today who arranged a home visit ( but wrote to inform her prior to this ????? why )

They're visiting to assess your daughters situation and that is always easier with the co operation of your ex. So arranging this in advance is the norm. Basically it ensures that your ex is in and as she is prepared there is more chance of her co operation.

I would imagine that the social worker will speak to both your ex and your daughter - to understand how the land lies.

There is no reason for your ex to suspect that you involved social services, the social worker should have kept your name out of the discussion. Hopefully she won't retaliate by denying your daughter access to her dad. It wouldn't be in your daughters best interest, and though as the resident parent she has the ability to do it, hopefully she has your daughters interests at heart (in a perfect world).

Gooner

Don't worry about poor grammar - we all have been guilty of it at one time or another on the site 😉

SS are useless aghhh so they visited yesterday now "we have no concerns about the cleanleness of the home " realy you thought she wouldnt clean before hand after she was given notice ?
and my "allegation" of the escorting "why did you not show this when you visited us sir ?"
err i tried and you didnt want to see the evedence . now they wont even let me go and show them

Dear Quagmire,

Thank you for contacting the Children’s Legal Centre, we apologise for the delay in responding to your query.

Unfortunately as you have a solicitor we are only able to offer you very limited advice as your solicitor will know your situation in much more detail and will be able to advise you better as to the best course of action in your circumstances.

It is correct that in order to have your daughter living with you then you will require a court order for residence if the mother will not agree to this. You may be able to make this application on an emergency basis if the court believes that the child is at risk of harm from living with the mother.
The court would hear all the circumstances and concerns that you have when deciding what is best for your child and where she should live. As has been stated previously, there is no guarantee that you will be successful in gaining residence, even if these images that you mention are of the mother.
It is for the court to decide what is in a child’s best interest and they need good reason to alter a child’s residence if this has been the arrangement for some time. There are also issues as there is a sibling in the home, and the courts are also reluctant to separate siblings.
However if the court does feel that it is best for the child to have her residence changed then they would grant this. It will be for the court to decide what is best for your daughter. The opinion of your daughter is not likely to be a real consideration because of her age. Her opinion can be heard but a child is not able to have the final say on where they live until they are 16 years old.

When it comes to medical treatment etc, it is for each parent to decide at what point, if any, to seek medical intervention and how to medicate the child. So although it may be reasonable for the mother to take the child to the doctors and to treat any condition with prescribed medicines, this is at her discretion.

If a person feels that the mother’s treatment of the children amounts to neglect or abuse, then it would be a matter to be referred to Social Services. You stated that you have already made such a referral, and so Social Services will make the decision as to whether or not to become involved in this matter. If the Social Services do decide to investigate it is extremely unlikely that they would remove a child as a first resort, it would normally be that they attempt to work with the family for some time to resolve the issues. Looking at removing children is a last step if all else has failed, or only done if the situation is of such concern that the child is in immediate danger if they are not removed at that time, which is not likely to be considered the case from what you have said.

Often Social Services will make the mother aware before visiting, depending on the circumstances.

It is completely your decision whether or not to report the mother if you believe that she is fraudulently claiming benefits and other such issues, however you may wish to consider how this may impact your daughter should the mother lose her benefit entitlement and only do this if you feel it is the best thing to do. You may also wish to avoid appearing malicious towards the mother as the previous conduct of parties is a consideration and it is best that you attempt to keep the situation as amicable as possible.

Should the mother stop your contact, the only option that you will have will be to apply for a contact order, however as you have applied for residence you would not need to do this as contact would be considered if you are not successful in gaining residence.
As the mother is the resident parent and there appears to be no contact orders in place at this time, she does have the power to decide what contact you have with your daughter, regardless of whether or not you have PR. If the mother does stop contact you would be best to inform the court of this at your first hearing and they would decide whether it is appropriate to put some interim contact in place. You will be unable to do anything abut this whilst waiting for the matter to go to court.

Parental Responsibility gives you the right to be consulted on major decisions affecting the child’s upbringing, such as medical treatment, education, religion, changing surname and travelling abroad. This does not mean the mother will always require your consent on these issues, but that you should be consulted. Generally if you do not agree with decisions the mother is making you would be able to apply to court to challenge these.
PR does not have any effect on contact as contact is the right of the child, not the parent and can be controlled by a resident parent or court order until the child is 16 years old.

We hope this information is useful to you. Unfortunately if you have any further queries you would have to take these back to your solicitor as we are not able to advise when a person already has a solicitor.

We wish you luck with this matter.

Kind Regards
Children’s Legal Centre