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What is The Benefit Of Having Residency?

  • BoysMum
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29 Apr 12 #327212 by BoysMum
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Hi All,

I am hoping for some advice regarding whether not not I should apply for residence.

My children live with me full time and have no contact with their Dad. I have offered contact in the past, but Dad chose not to take it. There has been no direct contact for a year now.

He threatened to apply for a Contact Order September 2011, nothing ever came of it. He stopped communicating via his solicitor December 2011.

He has now moved abroad which I found out through a member of his family. He didn''t have the decency to tell me, and as yet, I have not told the children. The move abroad is permanent.

My question is, do I apply for residency? Do I need it? What are the benefits? Dad has Parental Responsibility and I guess my concern is if he ever tries to take the children ( taking them from school ) as an example.

Any advice is greatly appreciated.

  • jonathancj
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29 Apr 12 #327282 by jonathancj
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It doesn''t really sound as if you need an order. The Children Act contains what is called the no order principle, i.e.the Court will only make an order if it''s needed. I wouldn''t bother if I were you. It''s not going to change anything.

  • BoysMum
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29 Apr 12 #327291 by BoysMum
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I feel nervous as my ex lived abroad previously. He constantly threatened to take the children and remove them from the UK jurisdiction.

I lodged the children''s passports with the solicitor and was in the process of applying for a Residence Order and Prohibited Steps Order to safeguard the children. However, he then returned to the UK and started to communicate via a solicitor so I didn''t continue with the applications.

Since I have been told that he has returned abroad, I am now worried that he will attempt to remove the children.

If he took them, could I have them returned?

  • DrDaddy
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30 Apr 12 #327414 by DrDaddy
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BoysMum wrote:

I feel nervous as my ex lived abroad previously. He constantly threatened to take the children and remove them from the UK jurisdiction.

I lodged the children''s passports with the solicitor and was in the process of applying for a Residence Order and Prohibited Steps Order to safeguard the children. However, he then returned to the UK and started to communicate via a solicitor so I didn''t continue with the applications.

Since I have been told that he has returned abroad, I am now worried that he will attempt to remove the children.

If he took them, could I have them returned?


If he doesn''t have their passports, then, realistically, how could he remove them?

  • BoysMum
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30 Apr 12 #327416 by BoysMum
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Its a very corrupt Island that he is living on. It''s very easy to buy passports and driving licenses if you move in the ''right'' circles.

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30 Apr 12 #327418 by Mitchum
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I''m sure you''ve already thought of speaking with the children''s school/s to make them aware of your situation. You don''t say how old the children are, but certainly with young children they will be vigilant about only releasing them to known people - either yourself or someone appointed by you to collect them.

Others will be able to advise about reapplying for Residence and a Prohibted Steps Order. It''s worrying to have this hanging over you and getting the documentation in place may give you some peace of mind.

  • mumtoboys
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30 Apr 12 #327424 by mumtoboys
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see www.reunite.org for further advice and information.

I can''t imagine he will remove the children at all - it would interfere with his lifestyle too much! It''s just a threat to keep an element of control over you.

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