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Advice re: letter to court regarding residency

  • vicbee
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01 Jul 09 #128206 by vicbee
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Hi all

My partner has been asked to submit a letter to the court stating why he should be given residence.

He has temporary custody at the moment. His ex is an alcoholic in an abusive relationship. She can only have supervised contact which she is refusing.

What we really want to know are the main points that we should make to the court.

Thanks

  • D L
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02 Jul 09 #128285 by D L
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I am presuming you mean a statement not a letter? If so you need to set out the factual background as to how and why the child came to live with you; how and why it is in the child's best interests to stay; and what dad proposes to do to try and ensure child has rel with mum.

Keep it all very matter of fact, and don't get into mud slinging.

Amanda

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02 Jul 09 #128304 by vicbee
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Hi Amanda

Thanks for your reply. My partner is self repping.This was requested at the 3rd directions hearing last week. They asked him and his ex to write a letter stating why they think the children should live with them and serve this to all parties.

The court are fully aware of the circumstances. He has already told them how she is threatening and abusive too, backed up by many police reports and the fact that she was arrested and fined last week.

His ex has already had a liver function test which indicates serious problems. CAFCASS have stated it is apparent she is in an abusive relationship as she was covered in bruises, they have also said they do not want anything other than supervised contact. My partner has tried to arrange this with her family but she has refused.Further checks are also being carried out by social services.I think they said section 7. (this may be wrong!!)

We just wondered if the letter should just concentrate on the family situation the children have with us or do we also add our major concerns about his ex. Would sticking to the facts if they contained these be regarded as 'mud slinging'?

Most people are saying we have nothing to worry about but we want to do things right for the children's sake.

Thanks Vic

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