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Hi Guys and thanx for having me π
On the 6th of feb this year my wife left myself and children to be with another man., but now i fear she may apply for custody.
My daughters are 12 and 13 and wish to stay with me, can they choose who to live with and would the courts listen to them?
shayne
Hi there,.
as they currently live with you now you are in a strong possition, and their age helps too as their views will be taken into account.
Why don't you apply yourself to court for a residency order, if you apply you will be able to state how your children feel and what you would like to happen, It won't mean your gaurenteed the outcome you would like but at least means your not left in limbo waiting for what your ex might do.
Darren
Thanx Darren
I was in the same position as you, after my fiance left me and the kids following an affiar with my brother, no I haven't been on the Jeremy Kyle show :p
After 2 years my worst nightmare came true when I recieved a solicitors letter from her applying for full custody... to cut a long story short, my solicitor informed me that seeing as she was the one that left, in order for her to be able to take the kids she would have to prove that I was unable to care for them properly and that they would be unsafe if they stayed.
A lengthly report was carried out by CAFCASS, where they visited the children with myself and with her, they spoke to both children but my son was the only one who was legally old enough (5yrs) for his wishes to be included in the report. Your childrens wishes will carry weight!
My advice is, keep a record of EVERYTHING! Her contact with you, the kids; dates, comments, texts, emails etc.
If it comes to her applying for custody, prepare for her lying through her teeth, the more you can disprove allogations and accusations the better you will do.
If it comes to court remain civil, refrained and be careful it doesn't turn into a mud-slinging contest.
My solicitor advised me that there is not much point in applying for residency when you already clearly have them as if the mother applies for custody it won't make any differance to the case and doesn't give you any more rights than you already have. But I would definately have a chat with your solicitor anyway.
Hope it never happens π
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