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Residency Order and PSO - need help to complete

  • madaboutcars
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26 Jul 12 #345541 by madaboutcars
Topic started by madaboutcars
I have decided to apply for residence after my ex has told me she is moving to France with my daughter in October.

She told me she was applying to the courts but after calling them today, they have not heard from ex.

I have also since found out that it may be happening at the beginning of September so I need to move fast.

I picked up C100 and C2 today but not sure how to word my reasons (as I want impact, for the case to be heard ASAP)

C2- ask for brief description and reasons for the application - can anyone help with the wording as i have put briefly the conversation between me and ex, that she hasnt applied to the courts and that i believe she is going earlier then she mentioned, but do i put in it that im requesting a quick hearing just to stop ex moving away or do i put about the residency as well - help

  • gerimine
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26 Jul 12 #345563 by gerimine
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You really need to apply for an emergency hearing, this has to be done in person, and you wait (all day if need be) until the judge has 5 mins or so to see you,if successful you will get a temporary order until a full hearing can be arranged.

www.familylawwiki.org.uk/index.php/Emergency_Hearing

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26 Jul 12 #345569 by gerimine
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Sorry meant to say an emergency hearing for PSO, contact and residence will be sorted at a LTR hearing.

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26 Jul 12 #345577 by madaboutcars
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im confused

i thought the C2 was to apply for an emergency hearing? Is that not the case then??

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26 Jul 12 #345589 by gerimine
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Hi
Taken from form C2

For leave to commence proceedings
Family Proceedings Rules 1991 Rule 4.3
Family Proceedings Courts (Children Act 1989) Rules 1991 Rule 3

For an order or Directions in existing family proceedings
Children Act 1989

To be joined as, or cease to be, a party in existing family proceedings
Family Proceedings Rules 1991 Rule 4.7(2)
Family Proceedings Courts (Children Act 1989) Rules 1991 Rule 7(2)

Might be an idea to speak to the court they''ll advise.

  • zonked
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26 Jul 12 #345612 by zonked
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In respect to PSO if you are applying for this on an ex parte basis I believe you would use the C2 court form. It''s an easy thing to check with the court.

In framing your arguements..imagine a judge thinking; ''why the hell should I make such a draconian order, restricting this mother''s liberty, without her even being present to argue her case, just on the say so of this man.''

In other words...the onus is on you to do the convincing.

Example arguments might be:

1. The ex has stated her wish to remove your child permanently from the UK, against your wishes and without leave from the courts.

2. You believe that the ex may well act unilaterally.
(why do you hold this belief)

- previouse court orders have been broken
- the ex will become aware of your wish to contest residence and this will heighten the risk of adbuction.
- the ex has demonstrated a previouse history of erratic behaviour.

3. The effect of no 2 on your dtr will be...

(why would it be a bad thing for your dtr for the ex to up sticks and leave)

- a possible end to her relationship with her parental family
- disruption and stress if she has to be found and brought back to UK

4. All you wish at this stage is for the mother to comply with the law and follow the judicial process. The PSO will help achieve that. By doing so it allows the court to take a considered view as to your dtr''s wellfare.

PLAN B

If you can see the Judge is not jumping your way, would be an idea to say something like ''...whilst I would wish the PSO as quickly as possible...if the court are reluctant to issue this on an ex parte basis i would be content for the matter to be relisted in say a week''s time so that the mother can put her views directly to the court''.

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26 Jul 12 #345613 by zonked
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I think getting good advice and support is now critical. If a solicitor is too expensive, I think it''s time to access a McKenzie Friend. I''d suggest contacting families need fathers, I also think foresti may have some useful contacts.

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