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Application for Joint Residence

  • maisymoos
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20 Sep 12 #356850 by maisymoos
Topic started by maisymoos
My ex informed me several weeks ago that he has made an application to court for joint residence. I have heard nothing from the Court or my solicitor. Is there any way of checking he has actually made the application?

I have also heard (not sure if this is right though) that once an application has been made it cannot be withdrawn by the applicant even if the applicant requests its withdrawal. Is this right?

  • TBagpuss
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20 Sep 12 #356854 by TBagpuss
Reply from TBagpuss
Does he have a solicitor? If so, you can ask your solicitor to check with his. It would be possible to check with the court if you know which court he is using.

It would be possible for him to withdraw the application if he changed his mind

  • u6c00
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20 Sep 12 #356858 by u6c00
Reply from u6c00

You can call the local court and ask them if there is anything pending. They usually are not able to comment on anything that has been submitted within the last 10 working days so unless it''s been more than 2 weeks I wouldn''t bother.

The normal process would be that he submits an application, the court look it over and then schedule a first Directions hearing. They then return a copy of the application form to him and a notice of proceedings. he then has to serve you with it.

In my experience the process tends to take 4-5 weeks but it will vary depending on how busy your local court is.

I don''t know for definite but I think what you''ve been told about withdrawing applications is not correct.

I made an application for a specific issue order which I withdrew as the court legal adviser told me that the court didn''t have the power to grant the order I was requesting. I can''t imagine it''s different for a shared residence application. If the applicant says that they are no longer interested in pursuing the application it would be a waste of the court''s time and resources to go ahead and start scheduling hearings.

  • maisymoos
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20 Sep 12 #356889 by maisymoos
Reply from maisymoos
Thank you all. Rang Court no application has been made, another game my ex is obviously playing! His threats and lies are unending!! He has also stated that the existing contact arrangements are working well and the children are happy and content, his solicitor has sent me a letter saying this too. I truly believe this is about control and nothing to do with whats in the best interest of the children:(.

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