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Cross applications to court...

  • Shi Tong
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02 Apr 12 #321244 by Shi Tong
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Hello Everyone,

So my latest is that I went to court on Friday after hearing about an application to court through CAFCASS.

I''m yet to be issued any papers by my ex through a solicitor or anything else.

I have a suspicion that she isn''t telling me, thinking that I don''t know, and it looks like she''s moved her solicitor because they didn''t know about it either.

So I went to court and applied for Residency, but here''s my question (and why I''m here and asking...!! :))

When I got to the court I gave them the reference number, which they couldn''t find. After a while they said "oh yes, it''s here, it''s an application for a residence order and a contact order.".

Am I being thick, or are they pretty much opposite things? If she''s applied for residence and contact, does this mean she''s probably applying for residence of the children and applying for contact for me?

I went ahead with my counter argument and unfortunately had to file C1, C100 and C1A, seeing as I have evidence and belief that the children have been and could be abused.

I''m supposing that there''s every chance that this will end up as shared residence seeing as they''ve lived with me almost exclusively for nearly 2 years, I just don''t want to put the children through more stress and upset, but she''s already filed this at court and all I can do is try to get what I think is right for the kids- which is definitely LESS disruption..

Thanks everyone in advance!!!

  • jonathancj
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03 Apr 12 #321415 by jonathancj
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No, what she''s applying for is a residence order for the children to live with her but if that fails, she''s asking for the court to define contact with her instead.

  • ozzywiz
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03 Apr 12 #321482 by ozzywiz
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Your cross applications will be dealt with together with you as the defendant and her as the applicant as her application went in first. if they lived with you for 2 years what is her current contact and I would push for residence to you as a good status quo is set and from your post there are welfare issues.
Has CAFCASS been ordered to do a report ?

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04 Apr 12 #321605 by Shi Tong
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Hello,

Thanks for these replies, and well understood from your clear answers.

The current contact arrangement was defined by us as "one day of the weekend and Monday and Tuesday night".

From the very beginning this crumbled to almost nothing.

Around 5 months ago it became (for absolutely no reason I can ascertain) Only Sunday from 11am, Monday and Tuesday.

This crumbled to almost nothing since she was late for almost all contact and the children objected to being taken out of their home.

So now it''s Monday and Tuesday night with occasional Sunday contact.

The children are reluctant to go to contact due to what I feel is mental and psychological abuse, and their feeling of security of being at home. Not to mention the physical abuse incident in which the children were witness to physical abuse to me, followed by potentially catastrophic behaviour on her part which potentially endangered one of their lives; police were not very useful for me.

She''s threatened to take them out of the country and she previously stole their passports as a threat (denying that she had).

Forgot to mention---- yes CAFCASS have sent a letter to my home (it''s how I found out about the order being made), and they''ve said they''ll be coming to the children''s home and talking to them.

So.. all in all.. total nightmare.. :(

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