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[Solved] Has anyone had a transfer of residency?

 
(@TheDetective)
Eminent Member Registered

As it gets closer and closer to Court, with the section 7 report being issued next week, my partners ex is becoming "crazier" in terms of her behaviour.

He has the social worker on side, who is recommending 50/50 which is what he is asked for (SW is completing the s7).

Today his ex girlfriend became verbally aggressive with the social worker at the end of a contact ordered by the SW in order to fulfill the s7. She believed that "the contact went on too long" which is why she started shouting at the SW.

She has yet to do a single court ordered contact. There should be one tomorrow, which if she does attend, my boyfriend is afraid that she will storm in to the room and demand their daughter back (the last contact he had following mediation was when she physically attacked him while he was holding their daughter, and demanded their daughter back).

Her behaviour is violent and erratic, the more she feels she is losing control, the worse she becomes.

My boyfriend was told today by the SW (who was a different one, as his is off sick today, and this other one was much older and very experienced) that she has never seen such exemplary parenting. She told him he was a wonderful father and commended him for remaining so calm despite what has happened. The usual SW has also given similar compliments. As has the Head Teacher and early years leader at the school he has been volunteering at (he starts primary teacher training next September). It also echo's my own observations as he deals with my own additional needs 5 year old and 2.5 year old.

He's a natural parent, and is more than capable of full time parenting. He's seriously considering asking for residency. Has anyone been through this in similar circs. and had it transferred?

At what point do you say enough is enough, and this child is being emotionally harmed by her mum's refusal to allow contact, and refusal to let go of the control?

Quote
Topic starter Posted : 09/02/2018 7:47 pm
(@dadmod4)
Illustrious Member

I did it about 15 years ago. However, the circumstances at the time were such that I got the police in, who persuaded my ex to let the children go with them and I then collected them from the police station, and very quickly settled them into schools etc. The first emergency hearing ordered a cafcass report, and by the second hearing, they were well established in schools, had new friends and my ex conceded that they should live with me (probably because she knew she didn't have a chance in court with the cafcass report, police reports, social services letter) so residency was transferred,

ReplyQuote
Posted : 10/02/2018 10:46 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Do the contact go ahead yesterday and how did it go?

It's not easy to get a transferral of residence, but it's not unheard of. Usually there needs to be a very serious risk of harm to the child, and emotional/psychological abuse is quite difficult to prove. Aside from her behaviour (which is totally unacceptable) how are her parenting skills, is she a good mother?

Unfortunately the courts will often deal with hostility towards the other parent quite softly, but a lot depends on the recommendations in the S7 report and if he feels strongly that the child would be better with him and decides to go for that, I would advise that he shows the court how he would encourage and facilitate contact with the mother., as opposed to the mothers implacable hostility that is preventing proper contact with your partner, it's the child's right to have a proper relationship with both parents.

Have a look for case law that backs up his arguement, where residence has been transferred for emotional abuse. The children and implacable hostility from the resident parent.

All the best

ReplyQuote
Posted : 11/02/2018 2:57 pm
(@TheDetective)
Eminent Member Registered

The contact did, finally, go ahead.

Their daughter was unsettled on and off, at one point he left the room and asked his ex to come in to reassure their daughter she was still there (she is only 12 months old and in prime separation anxiety stage). They managed around 50 minutes before he made the decision that she had enough.

Over all the contact with his daughter was reasonably successful. However, yet again his ex tried (and succeeded) in controlling the entire contact (with the assistance of the contact centre volunteers). She told the centre staff their daughter doesn't have a dummy during the day (she does, he knows this 100%). She told the staff he was to leave her on the floor as she doesn't like being picked up. All things she has done before in attempts to unsettle their daughter as much as possible. The centre staff told him he wasn't allowed to go against mum's wishes!!!

It's also worth noting that in the contacts with the social workers, she didn't make any of the above demands.

Additionally, she has also said that next week she will come in to the room while the contact is taking place. My boyfriend has shown the cafcass report and court order which shows her abuse of him, and how they shouldn't be together for the safety of their daughter. Yet the centre staff are "happy to go along with mum's wishes". This is insane. The last time contact happened (in october) was in a soft play centre, where she sat near by, causing their daughter more distress because she could see her mum but her mum wasn't coming to her! And this is when his ex physically assaulted him with their daughter in his arms.

Her being in the contact room is completely unsuitable for a myriad of reasons. He now needs to get the social worker and aplictor involved to ensure the volunteers are informed this is not acceptable and that they are not to insist on anything from what I've written above.

As for mum's parenting skills. My boyfriend believes she is an acceptable mum. He believes she is driven by love in why she wants full control of her children (her older child doesn't see dad either...). He has a completely different parenting style to her. For example he would give his daughter water if it was his decision. She gives vimto in a bottle. He would have weaned her on to soilds at around 6 months. She weaned her at 3 months. She smacks the children, he wouldn't. She believes in crying it out. He doesn't.

She isn't a terrible parent, but she doesn't parent using information or research, she parents how her mum parented her basically. Which she is entitled to do.

So over all, she is not neglectful, or unloving.

But she is determined to not let any control go of their daughter.

My partner has absolute belief that a child should have a relationship with both parents. And despite everything she has done, he would absolutely facilitate contact/a relationship of residency was transferred to him. He isn't interested in point scoring. He simply wants a full relationship with his child, free of abuse and control.

Cafcass report is due tomorrow, although we assume it is posted and therefore he won't recieve it until midweek.

ReplyQuote
Topic starter Posted : 11/02/2018 4:17 pm
 Mojo
(@Mojo)
Illustrious Member Registered

I would suggest contacting the SW immediately to inform her what happened at the contact centre. Did his child have a dummy at the observational visit with the SW? If she did that would be revealing... and more important is the fact that contact is being taken over by the mother when it clearly states that they shouldn't be together... I'm sure the SW could intervene with the contact centre staff on the issues you have raised.

All the best

ReplyQuote
Posted : 11/02/2018 6:18 pm
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