I have applied for a section 8 residence order as I have been my disabled sons carer since 2011 whilst his mum worked. We separated at the beginning of March taking our son with her (I came home one day and she was gone) She kept him apart from myself and his 2 older half sisters for 2 weeks. This forced me to apply in person to court. Since the directions hearing my ex and I have come to a compromise of 'shared residence' I have written to the court expressing my wish to withdraw the application on the grounds of a compromise being met. My ex is keen that an order for the shared residence is in place and I think a legal order may be beneficial to both of us. She (as respondent) is attending court next week whilst I am hoping to stay at home caring for our son. Will the judge accept signed (and counter-signed) agreements if they are identical in content and deliver an order if I do not attend?
Many thanks
Mark
I think that as you are Applicant you should attend the Court. However, what you could do is draw up the identical agreements both copies should be signed by you both, and you file a copy of it with the Court and ask if in light of your agreement, the matter could be dealt with in your absence, apologise to the Court, that you mean no disrespect, but explain the difficulty in attending the next hearing. I think you should ring the Court and ask if that will be acceptable. The Court Clerks will be able to help you out there.
Hi Merseyblue,
You realise that shared residency doesnt mean 50/50 regards to time spent with each of you?
I dont believe shared residency means anything and you could still end up with little time with your child.
I was told today that if I get shared residency our children are not likely to get any more time with me than they do already.
It seems to be a label so as not to upset anyone and make you think that you both have the same rights.
I hope that someone corrects my understanding as it doesnt seem to mean anything in my opinion.
That said I hope that you get what you are seeking and good luck to you sir.
Regards,
Dave
That's about right DaveR.
I would strongly advise you to attend court, you are the applicant and the judge will expect your attendance. Anything could happen in your absence...she could change what you have agreed....some women are capable of deceit and deviousness. That is not to say she would, and if I am doing her an injustice then I apologise...
