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prohibited steps order

  • sleepybird
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30 Sep 12 #358635 by sleepybird
Topic started by sleepybird

My friend is just going to fill in a c100 for residence of his daughter

His ex went to a exparte court hearing on friday and took out a prohibited steps order against him so he cant see his daughter.

He is worried for his daughters welfare as mother has a history of drug abuse and a criminal recrod for ABH. He cant beleive a judge would put this order in place to be honest.

He has no criminal record or drug drink history and his daughter is a lot closer to him than her mother but mother is being spiteful.

My question is, can he apply for residency and to discharge to prohibited steps order on the same c100 form?

How would this work? there is a court hearing set for mid novmeber but he wants residnecy of his daughter indefinately and as soon as possible

  • AnnoyedMummy
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30 Sep 12 #358637 by AnnoyedMummy
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How old is his daughter? And how long has she been living with mum? unless there are welfare concerns, then I doubt the judge will award him full residence. It''s very unlikely that it will be done before November too.

Mum I''m guessing will say she wants residence too, and if this has been the arrangement for a while now, the judge normally sticks with it for the time being.

They try and keep the child in the routine that they know.

I''m not sure about the forms though.

  • sleepybird
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30 Sep 12 #358639 by sleepybird
Reply from sleepybird
He and his ex only split 3 months ago and he was having contact up until 2 weeks ago.

His little girl is 6 years old and there are welfare issues as mum id a regular cocaine user and care of their daughter was mainly my friends responsbility when they were living together.

The daughter has asked dad if she can live with him and cries when he takes her home to mum.

Mum it seems has done all of this out of spite.

She has been charged with ABH on him and his mother previously and has recieved the help of a GP and councilling for a cannabis addiction previously.

My friend knows she does drugs regularly and has a lot of house parties etc and he just doesnt want his daughter there.

He has moved back in with his mother and ex has refused to give him any of his belongings except his clothes, she has also taken out a non molestation order on him.

He has decorated the spare room at his mothers house and made it perfect for his daughter to be able to live with him.

  • disneybunny
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30 Sep 12 #358647 by disneybunny
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With all cases it boils down to proof, courts hate to change the status quo. Six is too young to have the wishes and feelings used as a major part of the case. Why did the father leave the child if it was in danger.

  • u6c00
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30 Sep 12 #358654 by u6c00
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In answer to your question yes, he would put both of those things under Orders sought on the C100.

Drug usage can be proven by hair strand testing, which can show drug usage for the last 12 months, depending on the length of the hair. It can also show alcohol usage above a certain level but accuracy is known to be a bit of an issue. Liver function tests can also be ordered if alcoholism is alleged.

The way my case panned out was CAFCASS did their safeguarding checks at which point both my ex and I raised drug usage as concerns. CAFCASS then recommended to the court that hair strand testing was undertaken.

We then had a Directions hearing after the first CAFCASS report at which point the hair strand testing was ordered.

  • CaringParent
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01 Oct 12 #358684 by CaringParent
Reply from CaringParent
Please apply for Cross Redsidence Order
And Cross PSO

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