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I am now applying for a shared residence order which cafcass have verbally agreed to support but my Cafcass reporter recently told me I had a strong argument to apply for sole residence as my ex continues to be obstructive with contact matters, told my little girl 3yrs her name has changed and her family threaten me with legal action and distrespect the interim orders at a whim.
My working pattern is that of shifts, with me working 2/ 3 days on and 2/3days off finishing at 9-30 PM so my girl living with me most of the time would seem not to be practical, as I would not be able to pick her up from childcare on working days . My family do not live nearby so that is not an option. I dont want my girl to have 2 nights here and 2 nights there as it will be too disruptive for her.
The current proposal is for me to have one full weekend and a night the following week.
Can I have sole residency but maintain less days each fortnight contact than my ex partner?
Would sole residency leave most of the responsibility for organising and facilitating contact to me?
Any suggestions as to action I can take to stop my ex telling my daughter she has a new surname. I currently have not been told her childcare/ nursery arrangements but this will come after the hearing next month I am told.
I have PR, have legal aid and am on the birth certificate.
Hi Matty,
I think a shared residency order is manageable, because you don't have to have an equal split regarding contact time and care.
However I think it's unlikely that you'll get sole residency, as you can't offer full time care. I'm not sure why a CAFCASS officer would make a statement like that, because they're supposed to be impartial.
Regarding the change of name, has your solicitor discussed applying for a Prohibitive Steps Order (PSO) to prevent the mother from doing this?
FM '70
I have asked my solicitor about a PSO now, well a week ago but she is so terrible I doubt I will get a reply. (trying to switch but she is not helping the process)
I think I am right in thinking My ex will need my permission and I assume I would be required to sign something to permit a name change, Its possible she could forge this I suppose, does anyone know how I could check this? My daughter seems to think her name has changed but probably my ex has just told her this. Not sure what to do about this to be honest.
As you have PR she cannot change your daughters name without your permission or a court order.
As you have a hearing coming up next month, I would raise the issue then. Does your daughter share your surname on her birth certificate?
Yes FM. My daugter has my surname only on the certificate, my ex has turnrd it into a double barreled hyphenated version with her surname first
She is suposed to have your consent to do this, or a court order. If she was dropping your name completely, I can't see a court granting such an order. However if she wants your daughter to adopty her surname too, she may get an order in that respect.
The thing is she has done something she shouldn't have and unless she applies for a court order, she can't do it.
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