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I have my two children living with myself permanently, but with a rising risk of removal by their mother I need a residence order, and what would be the chance of relinquishing mothers p r? She has no contact and hasnt seen them for five months, but children's mother is requesting to see them yet both children say no. Mother had left home in Oct 2013, contact arrangements were made for 2014 but three different agreements have all broken down from mothers actions. I refused to set up any more contact arrangements as all have broken down previously, and they were all agreed by both parties and signed, but still broke down within a month of agreement being made.
Hi there
There have recently been some reforms in the family law system and contact/residence orders have been replaced by one order called a Child Arrangements Order.
I doubt you would be able have the Mothers PR taken from her, I have not heard of this happening so if its even possible it's very rare.
When you say that contact arrangements were made and signed, was an order gained from court or was this done through mediation?
We had a social worker help set up contact arrangements we have never been through a court process. My children were subject to care proceedings but with my work any proceedings were stopped, they were both removed from child protection register in April 2013, the mother has no contact currently but threatens to remove the children from me and move them into her new relationship. That's why I need residence order or relinquish p r from the mother. She doesn't pay for them doesn't see them and doesn't make any decisions in their lives, why would she still need p r?
I would contact Social Services and ask them to record what has been happening currently. Even though they are no longer children under the care of the local authority it wouldn't hurt to contact the child protection team and bring them up to speed as they are likely to be asked to make a report for any court proceedings you are involved in.
Tell them the mother is threatening to remove the children, has breached all the agreements made thus far and has had no contact with them for 5 months and the children are expressing a wish not to see her at this point.
All of this will then be on file when they are asked for a report from the court.
As the children have been with you for a long time I don't see any reason why you won't be granted a Child Arrangements Order stating that the children must live with you.
I would just like to mention that although you are within your rights not to agree to contact, the court may take the view that contact should be re established and may decide to put some form of contact in place, supervised in a contact centre probably, but with a plan to progress this once their relationship is established again.
As far as PR, it isn't based on the need for it, but on her right to it as their mother. As I said I have not heard of PR being removed, that's not to say it can't happen, but if it can be done its only done in very exceptional circumstances.
Thank you, I shall contact them first thing Monday morning and see where I progress too.
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