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Child Residency whe...
 
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[Solved] Child Residency when the kids say they want to sta

 
(@lachk)
Active Member Registered

Hi all

My ex threw the kids out a month ago after another arguement and they came to me. They have now both stated that they want to stay with me and just see their mum at weekends sometimes.

They are 15 and 13, I have PR for the 13 year old but not for the 15 year old.

She has told them today that they have to go back to her and I would have to apply through the courts if i wanted them to live with me. They have said that they have decided to live here and dont want to go back, she told them they have to.

They have come back to me but they are facing pressure from my ex to return.

I assume that because of their age and there being no risk as there is no history of issues or violence a court would state they can reside with me with no issues?

They are becoming upset at the pressure being put on them, how do i proceed?

Quote
Topic starter Posted : 17/04/2017 8:48 pm
 Yoda
(@yoda)
Famed Member

Hi

You can make an urgent application to the court for a Prohibited Steps Order (to prevent the children being removed from your care) and Child Arrangements Order (to decide who the children will live with). You need to use a C100 for this and should get in front of a judge within 48 hours. You can also complete a C1 for PR.

It's very likely that the court will grant the orders on an interim basis and then get Cafcass involved to do a Welfare Report. Given the ages of your children, their wishes will be taken into account and Cafcass should speak to them at a neutral location such as their offices or at the childrens school.

Keep posting and we will do what we can to help you.

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Posted : 18/04/2017 4:07 pm
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