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[Solved] Residency


Posts: 7
 SiCh
Registered
Topic starter
(@SiCh)
Active Member
Joined: 13 years ago

Hi guys,

I just wanted to post a fairly short thing on here about my experience but it may take a bit of explaining.

I'm a single dad looking after three kids. I had been doing that for a while my wife (at the time - until a divorce came through) had been going back and forth between the UK and abroad. Managing that and running a business is not easy but i had a concern that she might want to up sticks abroad and take the kids with her without any thought for the kids wishes or needs.
I didn't have a huge idea about my rights as a dad but wanted the kids to be in the environment and place they wanted so i applied for a residency order for them. The nearer the date got to the hearing the more worried I got that the system would be biased towards my wife and they would just say she can take them whenever she wanted and there would be nothing I could do about it.
I found this site and put my worries on here and really quickly i had confidence that what i was doing was right and there would be a fair hearing.
At the hearing we had to sit with the court cafcas lady, who was great; she listened and considered only what was best for the kids.
The residency order was granted within the hour and my only mistake was not applying for the order sooner.....the cafcas lady said that too....I pointed out that I was worried that the pre-conception is that women have more rights than men when it comes to these things and she said that was not the case.

All in all - if you are worried, like I was, about trying these routes then take as much advice as possible and try it.
I spent an age worrying about it all and in reality the process went well for me.

I hope that gives anyone in a similar situation a bit of confidence
Not so short a posting really 🙂
All the best


7 Replies
7 Replies
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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Wonderful! We love a happy ending!

You and your children can now feel settled and secure. I do hope that your ex was able to provide a good schedule of contact between trips back and forth and that everyone is happy.


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(@daver)
Joined: 13 years ago

Noble Member
Posts: 1020

Hi SiCH,

I would like to add to your thread if you dont mind.

I am still going through the process following an application for sole residency so time will tell but so far I havent found it to be terribly bias in terms of when in court although the system/process is weighted towards whoever has residency at the time. I guess it has to start somewhere.

What I would like to add in particular is do not delay any action with regards to seeking contact or residency act immediatley whether it is getting a mediation appointment set up or applying straight to the court as the longer there is delay then a precedence is set where the parent with residency at that time has set a pattern of contact and it becomes more difficult for the non resident parent to change anything.

I had my ex in court 4 weeks after leaving as by that point she had refused and was delaying mediation and I had concerns over the care and safety of our children.

I appreciate that money is a concern but my guidance to other Dads I say do not delay in getting your contact or residency written up and made legal or get it to court.

Well done to you Sir and I sincerly hope that you and your children have the prosperious happy life that you deserve.

Regards,

Dave


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(@Enyamachaela)
Joined: 13 years ago

Honorable Member
Posts: 539

That's great news!

I agree with dealing with the application for residence quickly...well contact too come to that! LOL! But when mothers leave children with fathers for some time and then i.e. remove them from school, the fact that they have been living with Dad for quite some times does not seem to hold as much weight as if the roles were reversed. You have to consider the safety of the children and stability for them too, which goes a long way with the Courts (most of them!).


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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Thankfully as SiCh has been awarded residency he can relax and enjoy his children, secure in the knowledge that their lives will not be disrupted further!

I long for the day when there is parity and gender equality in Family Law cases EnyaM ....the fact is that SiCh had a good judge on the day, it could so easily have been a different story....


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(@Enyamachaela)
Joined: 13 years ago

Honorable Member
Posts: 539

Yes it is such a shame, I know the Family Judge in my local Court places great importance on being fair. My old boss now works on the Family Panel with him, they are trying to be fair in all respects (and having worked for my boss, I know how fair he is too!)

As I have said before, this is what the law is meant to do!! As you know I am sad to hear that not all judges are behaving in a like manner 🙁 They really should, not all men are bad!! ROFL! Mind you when my ex and I split, I would not do anything about the kids, he was such a great father....and he was too..I would not stop contact, he loved the kids and would have done anything for them. Unfortunately that did change when we split. He was the worst father of all(:

Ah well.....


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 actd
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(@dadmod4)
Joined: 16 years ago

Illustrious Member
Posts: 11897

SiCh - many, many thanks for coming on here to post of your experiences. It is great for other dads to see that the courts do sometimes rule in favour of the father when it is in the children's best interests to do so.


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 SiCh
Registered
(@SiCh)
Joined: 13 years ago

Active Member
Posts: 7

Thanks for your replies - after having gone through it I agree and recommend other dad's to go through the process as quick as they can because you are correct that the longer you leave things a pattern starts and the ex and the kids can slip into those patterns and it can cause all sorts of headaches and misunderstandings for the kids. They don't know whether they are coming or going.
Once the situation is a bit more concrete they can rest a little easier.

Thanks guys


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