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There are adequate powers within the existing laws, if they were to use transferral of residence, suspended on condition that the contact that's ordered takes place, I think we would see much more compliance.
The problem with transfer of residence to me to become primary carer would be her having another child approx. 4yrs younger than mine....hence a court would not split siblings up.
Is that true? His children have a half sibling but he is applying for a transfer of residency and his solicitor hasn't nentionrd this as an issue. If it is true he may as well spare himself another wasted year in court.
The problem with transfer of residence to me to become primary carer would be her having another child approx. 4yrs younger than mine....hence a court would not split siblings up.
I am not so sure. It depends what the psychological assessment deems to be the least worst option I think. The point is that if the residence is granted you will facilitate a healthy and meaningful relationship with mum and sibling. Here is a recent Case law which you might not have seen.
Re B (change of residence; parental alienation) [2017] EWFC B24
72. I have a letter from him dated 19th January 2016 in which he sets out some further thoughts (C159). He was asked about what harm would IB suffer under each of the three options available with those being:
"IB remaining resident with her mother and spending time with her father.
IB being resident with her father and spending time with her mother.
IB not having direct contact with her father."
73. In relation to option one, he could not see a way forward with that now because her mother had closed all the doors. He went on to say he entirely agreed with Mr. B's disbelief at how this matter could have arrived at the point where IB would not even sign a birthday card for him. He reiterated that Mr. B does not present a risk to IB and that they have a right to see each other, but he said he was afraid that he had no further suggestions of how to move it forward without causing IB considerable distress.
74. In relation to option two, he said it would cause IB considerable upheaval and distress and it would not stop her being influenced by her mother because she would be aware of how distressed her mother was.
75. In relation to option three, he said it might bring IB instant relief in the short term but he was very concerned about the consequences in the long term. As sure as night follows day, there would come a time when IB could think more rationally and clearly for herself and she would want to see her father. He went on to say there will be a storm brewing on the horizon with option three.
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