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only yesterday 20th May i was in court and granted supervised contact with my 8mth old daughter.After 3mths i am back in court and hope to get full contact with overnight stays. What are the benifits of applying for a 50 50 residency order and what would be my chances of getting one? we were not married but i do have parental rights my ex broke the order within hours of leaving court by writing on facebook.
The benefits would be more contact, but you'd have to work out a practical way of arranging this. However, with your daughter being so young, I'm not sure you'd have a great chance of success, and the fact that you've just got an order, I'm not sure how a court would take it going back so soon to get it changed.
I am just a bit worried about what she will do. she has 3 other children age 6,7,9 by a different father, and she has this year changed thier surname by deed poll without telling him. he is in court next month for contact.her mother who is in a wheel chair also wants to take all 4 children to florida on her own for a month.i am new to all this so i dont know what to do so i thought a 50 50 order would give me the right to say no and stop her changing my daughters name
Do you have parental responsibility (are you on the birth certificate)? It will also state (quoting from my own residence order) that "no person may cause the children to be known by a new surname or remove the children from the United Kingdom without the written consent of every person with parental responsibility for the children or the leave of the court.
However this does not prevent the removal of the children, for a period of less than 1 month, by the person in whose favour the residence order is made....
It may be a criminal offence under the Child Abduction Act 1984 to remove the children from the UK without the leave of the court"
That pretty much solves all of your worries, so if you don't have PR, then you want to be applying for this, as this gives you the protection in the residence order.
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