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  • rachelcefai
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12 Feb 10 #184948 by rachelcefai
Reply from rachelcefai
If the judge has given you a residencey order for the children then your ex cannot just turn up and take the children.

I am assuming that the judge made the order without your ex being there as he was happy with the information you and CAFCASS gave him and probably assumed that if your ex didnt bother to turn up and had given no reason as to why that he wasnt really that bothered about having residencey or contact with the children.

Hope this helps

  • paula1234
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12 Feb 10 #184951 by paula1234
Reply from paula1234
I think what the judge has decided today is good - for you and for the children because it gives you security.
Your ex did not turn up today - that will not look good to the judge which is why you now have the residence order. This means he cannot just take the children from you. What contact will he have with the children? If he now is in Austria and does not have much contact with them over the next few years, he will not find it very easy to come back and ask to have them to live with him. They will be used to living with you and a judge would not want to upset them and everything that they are used to.
A fact finding hearing makes your position stronger because it shows that a judge has looked at the evidence of the violence and everything that you raise there - and then makes a decision whether he thinks it is true. If it shows that it is true, then your ex would not be in a good position to ever apply for residence of the children.
I hope this helps

  • ladylou
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12 Feb 10 #184955 by ladylou
Reply from ladylou
the judge has given you residence, which is good for the children's security.
a finding of fact examines the evidence of abuse and can imagine that his not being present would say alot if he chose not to defend.
depends on what evidence you have to support what you say too.
my ex left 7 years ago and was absent for 5 years, wish now that i hadn't left it unproven.
good luck
lou x

  • light1
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17 Feb 10 #186044 by light1
Reply from light1
I have got the residence order by post today and I dont know if its final or not.Can anyone help me please?In order it says:

1. the children shall reside with aplicant mother until further order of the court.

2. the respondent shall not remove or attempt to remove the children from care of the applicant until further order of this court.

3. a penal notice shall be endorsed upon this order directed as to paragraph 2 to the respondent.

4. there shall be no order for costs.

Now I am very confuse of why the judge said until further order.Do I need to aplly for something?Also what no 4 means?Please any advice will be apreciated.Thank you

  • Fiona
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17 Feb 10 #186047 by Fiona
Reply from Fiona
"Further order of the court" is a standard clause in final orders. It just means the court can consider applications for residence/contact/prohibitive steps/specific issues sometime in the future. Although that leaves the way open for the Father to apply for indirect/direct contact he will face great difficulties in changing the status quo for residence.

"there shall be no order for costs" means each party pays their own legal costs rather than one party being ordered to pay the other's costs.

  • tom333
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17 Feb 10 #186078 by tom333
Reply from tom333
In short,
Yes, it's final.
That's it, case done and dusted.

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