'Leave to remove' C2 application

HI
My ex has applied for Leave to Remove which i am contesting.

I am about to put a C2 application in applying for Residency but feel unsure as to put in for 'Residency' or 'Shared Residency'. Can both be put on the C2 app.

I have PR good regular contact and all the facilities to meet her requirements (ie bedroom etc)

I have read it is can seem more co operative going for Shared residency? but don't feel to comfortable about this

Can the judge make a residence order into a shared one or vise versa, or is it set once applied for. Ta

What is the existing contact arrangement? The courts can grant a different order during proceedings if it is more appropriate. However ( there is always a however!) with LTR it is a choice of the child living with one parent or the other so you should apply for residence. Then if there is a history of shared care in substantial proportions and it's deemed less disruptive to schooling, existing friendships and relationships with the extended family the court has the choice of granting you residence.

This is just my layman's opinion.

You are basically saying that in the event of your ex leaving the country you want to look after your dtr and thus prevent her from experiencing the loss of her father, wider family, friends, school etc. And, as resident parent you would strive to ensure the mother maintained a relationship with her dtr.

I think this certainly needs to be included as part of your arguments to the court. The issue is whether this should form the basis of a separate application or be part of the submission you file for fighting the LTR. In all honesty I can't answer that point with any confidence but would guess it would be a separate application, applying for Residence (and not shared). Families Need Fathers could probably shed more light on this.

HI
I have my daughter two night a week at present, so think i will go for residence.

thanks for your assistance

Perhaps the main question is how effectively to oppose a leave to remove application. Should one be reactive, and merely oppose the application in court, or proactive and make an application for a PSO or for residence?

Most LTR applications are rubber-stamped (like LA care applications) and there are very few cases where LTR has successfully been thwarted. In both M v H [2008] and Re W [2009] there was no application for a PSO or residence.

Are there any more cases we shuld be aware of, or strategies which have been successful?