me and my partner are splitting up we have 2 children, i want to get a residency order, can he stop me in anyway of doing it
2007-01-05 01:05:30 · 8 answers · asked by emmanrick 1 in Family & Relationships ➔ Marriage & Divorce
Yes she can by claiming that you were violent towards her throughout your relationship.
2007-01-05 01:08:47 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Either of you can make an application under the Children Act l989, however it is unusual to have to make an order - most parents agree that the children will stay with mum, and dad will have regular contact.
The person who doesn't have the children living with them would make an application to the local county court. Eventually, a Cafcass Officer (sort of social worker) will file a report on the situation and make a recommendation about where the children should live.
In most cases the court will follow the Cafcass officer's recommendation.
For further advice, find a local family law specialist thru' the national website www.resolution.co.uk
2007-01-05 01:15:06 · answer #2 · answered by david 2 · 0⤊ 0⤋
He can oppose it if he disagrees with the children living with you, but it's up to the court to decide what's in the children's best interests. If you can agree on arrangements for the children then you may not need a residence order and that would be cheaper (less legal fees), less stress and trouble for everyone, especially the children. And of course it also depends how old the children are. If they're old enough to make their views clear, the court will take these into account.
2007-01-07 03:53:08 · answer #3 · answered by Specsy 4 · 0⤊ 0⤋
the only way he can stop you is if he contests and applies for residensy himself. you then both have to prove how you are able to support and care for the children including child care etc. some would say its unfair but most courts will go with mum unless he can prove you are unfit in some way..eg previoous abuse of child etc. depending on the age of the children they may be seen by the cafcass officer and asked where they want to live..the cafcass lmost always go with whatever the kids say. this is a horrid situation for the kids though as i know from experience..i would only recommend applyiong for one if you think the ex may snatch or not return the kids otherwise residence is just agreed between you and the court will not get involved.hope that helps.
2007-01-05 01:58:46 · answer #4 · answered by slsvenus 4 · 0⤊ 0⤋
Don't let him get one step in front of you,you can apply for it,in fact you will have more control over any think else that may pop up in the futcher,you did not say your reason for splitting up,if it was some think adverse from him that makes your application even stronger
2007-01-05 06:35:39 · answer #5 · answered by barnowl 3 · 0⤊ 0⤋
why not watch on your divorce in the previous making a dedication to a guy who would purely be searching for a manner into uk i be attentive to this sounds harsh yet I actually have a chum who has fallen for men from turkey and jordan and wanted to have them stay right here in uk, yet whilst problems with get admission to visas got here approximately they quickly fell out of love along with her in case you're confident he somewhat desires to be with then you definitely what's faulty with installation abode in turkey?
2016-12-12 04:23:47 · answer #6 · answered by Anonymous · 0⤊ 0⤋
if you are not married then he has no con troll over you or your kids you have full rights and no he cant but he might have to agreed to this and unless he thinks you are a unfit mother(sorry)but no good luck
2007-01-05 01:16:17 · answer #7 · answered by jen 2 · 0⤊ 1⤋
why?
2007-01-05 01:08:28 · answer #8 · answered by anis118030 5 · 0⤊ 1⤋