I''m hoping some1 can help me. I have a 7 yr old daughter with my ex partner (never married) we split 14 months ago. I rent a 2 bed flat, my daughter lives 60% of the time with me. My ex rents a 3 bed house which she shares with two older boys from previous marriage. All amicable regarding our daughters well being. custody wasn''t even talked about between my ex and myself. all was working out fine with a very happy little girl until 10/7/2012 when 2 policemen turned up with my ex and took my daughter serving me with an emergency residence order - she accused me of abducting my child even though I had taken her to school and her routine wasn''t altered. My ex was supposed to be picking her up that evening as usual but she went to court instead!! she claims to be primary carer? and is now refusing me to see our child and has no intention of changing her mind until the court hearing on 22/8. I have written to the court to bring hearing forward without success. what can I do - please help,I''m at my wits end and my daughter doesn''t understand why she cant see daddy
Am sorry you find yourself in these circumstances.
I guess the interim residence order was made ex parte and the hearing in august is to decide if that order needs to be kept in place.
My feeling is that you need to apply for a shared residence order and ask that your application be appended to the 22 august hearing. In effect, you would be saying that residence ought to be shared between the parents, reflecting the past history, and that parenting times need to be defined by the court.
This is a complicated situation and it all depends on the details. You need to remain very clear, focused and ultra polite. If your ex has mislead the court and abused the system they could be in trouble and it could count against them.