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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33284
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My daughter and her ex-husband are in dispute. How long does

Customer Question

My daughter and her ex-husband are in dispute. How long does a residency order take, and if it is issued, can the ex-husband take the child out of the country? What are the bases on which they decide?

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and what is the nature of the dispute between them?
Clare
Customer: replied 2 years ago.

The child is 3 years 8months. They are disputing about his access to the child (at the moment he has 3 days a week and at weekends (a night on Saturday) and my (his grandfather's access) to him and my daughter's new boyfrien's acess to him. She is 34. We are afraid he might (it is unlikely but might happen ) take him out of the country, to Iran

Expert:  Clare replied 2 years ago.
Hi
What is the actual contact pattern at the moment?
Clare
Customer: replied 2 years ago.

AT THE MOMENT THE EX HUSBAND SEES HIM EVERY DAY, USUALLY IN THE EVENINGS, WHILE HE USUALLY SLEEPS AT HIS MOTHER'S HOUSE. ONE OR TWO NIGHTS A WEEK HE SLEEPS WITH HIS FATHER.

Expert:  Clare replied 2 years ago.
Hi
What further contact is the father seeking - and is there actually a set weekly pattern?
Clare
Customer: replied 2 years ago.


The father is seeking to see him every day, when he wants, and at the moment the weekly pattern is that he takes him out every evening, and has him some (one or two) nights. What we are seeking to establish is that his mother's house is his home, partly in order to avoid him taking him out of the country ( i believe that if this is the case, police can stop him at the airport).

Expert:  Clare replied 2 years ago.
Hi
Thank you- what pattern does your daughter think would work for her and the child?
Clare
Customer: replied 2 years ago.

I think sheis quite happy for him to pick him up from nursery and have him an hour in the evening, then leave him to sleep at her house. And to have him one or two nights during the week.

Expert:  Clare replied 2 years ago.
Hi
Parents are expected to agree how a child shares time between them - using Family mediation (www.familymediationhelpline.co.uk) to agree a Parenting Plan if necessary
Neither parent can take the child out of the country without the agreement of the other party or an order from the court
Clearly it is best that there is a set arrangement - so that the child knows where he will be sleeping on any given day
If they cannot reach agreement then an application will have to apply to the court for a Child Arrangement Order dealing with the arrangements - and doe a Prohibited Steps Order if there is real threat that the child will be removed from the UK.
An urgent application for a Prohibited Steps Order can be heard within days if necessary
You can read more here
http://theparentconnection.org.uk/
I hope that this is of assistance - please ask if you need further details
Clare

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