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Q:Wording for Children in order

  • Wiser
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15 May 12 #330555 by Wiser
Topic started by Wiser
As LIP, I have been reading posts regarding the residency/contact/custody/responsibility for the children because my ex is planning on leaving the country and I want to ensure that our children have the stability of knowing what''s going to happen and when they are going to see him.

Can I suggest that the order has the following;

Full residence of the children given to MrsW. Joint parental responsibility with contact on request by MrW to the maximum of 20 non-consecutive weeks and to be agreed in writing by both parties.

REMO application to be applied for by Mrs for child maintenance.

Any change of address by either parent must be communicated in advance to the other parent for the benefit of the children until they reach 18 years of age.

Both parents to respectfully communicate factual information concerning the welfare and wellbeing of the children until they reach 18 years of age.


Would a judge accept this as ex has already told the children he is leaving and in reality he has contact with the children for 20 weeks a year. I accept that if he should leave the country he may well not want to see them for 20 weeks in one given year and reality may be more like 4 weeks, but I am unable to predict his future moves.

This will enable me to continue the childrens education and receive the full child benefit due and keep communication open for contact with my ex.

Although shocked by the actions of my ex, I am not surprised and just want the best solution for my children.

Can anyone advise how these items would be seen by a judge or suggest alternative wording.

  • sexysadie
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15 May 12 #330560 by sexysadie
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If they are going to have to go and stay with him abroad then 20 weeks a year is going to be longer than all the school holidays put together, so having that in even as a maximum may be asking for trouble. Even if he comes over here to see them it might be very disruptive if he expected them to live with him for those periods.

What does he want regarding contact?

Best wishes,
Sadie

  • Wiser
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15 May 12 #330645 by Wiser
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Thanks for replying SS, I am suggesting max 20 weeks because currently this is the amount of contact he wishes and he currently lives in the same country.

He has told the children that he is moving permanentely and that he will be selling his home by the end of the year.

As I cannot determine when he will move, or how much contact he wants, I am suggesting max 20 weeks so he can continue we have along a week alternate basis (minus the weeks he doesn''t want to see the children).

My ex does not have my agreement to take the children out of the country , however when he decides to officially move, I want an agreement that he will return them.

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