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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33825
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 husband has recently left home. We have a 3 year old.

Customer Question

Hi! My husband has recently left home. We have a 3 year old. In 2013, I had severe postnatal depression and social services became involved. We seperated and he was given residency. We reconciled in jan 14, and since then I have been Ellies primary carer. Since the seperation 4 weeks ago, I have Ellie 4 nights a week as he works full time shifts. He won't tell me where he is living with Ellie, and is also refusing to agree to a shared residency order as he says he needs 'the security of it in case I become ill again' can I just apply for it anyway? Thankyou
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWill your doctor confirm your recovery?
Customer: replied 1 year ago.
I am fully recovered, not on any treatment and back to work 3 days a week as a dr in A and E..yes my doctor can confirm this
Expert:  Clare replied 1 year ago.
Hi
Is he likely to try and stop your overnight contact?
Clare
(I hope you will smile when I point out (with true gratitude and respect )that being a doctor in A and e does suggest that maybe you are still more than a little crazy.....)
Customer: replied 1 year ago.
Haha yes I know..I'm hoping to train in psychiatry next year!! When he left after an argument, he took Ellie with him and stopped me seeing her for 5 days and I couldn't do anything about it.....he is very controlling....at the moment I don't think he will stop anything but he is unpredictable and I think he would use the order at anytime....he often said in arguments...Don't forget I have residency....Ellies address is here she goes to nursery around the corner, I just want it removed or shared so he can't use her to upset me like he has in the past...
Expert:  Clare replied 1 year ago.
Hi
Residence order or not you have an absolute right to know where your daughter is living when she is not with you.
In addition since the circumstances are now very different to the situation when the Order was made it is clearly no longer appropriate since you have the child four nights a week (which would actually entitle you to claim child maintenance)
Equally if your ex was not likely to ever use the Order against you then there would be no need to change it.
However since he DOES use it against you then you do need to start the process that will lead to a new Child Arrangement Order being put in place
The starting point is to try using Family mediation
www.familymediationhelpline.co.uk
bit if/when that fails you can apply to the court for a new Order that reflects the fact that you both share the care of the child - AND ensures you have the address
I hope that this is of assistance please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33825
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thankyou Clare that is great.
Expert:  Clare replied 1 year ago.
You are most welcome and I hope all goes well

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