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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34910
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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Hi clare i attended court last year with my ex over domestic

Customer Question

Hi clare
i attended court last year with my ex over domestic violance and a residence order it all got stopped as stupid me returned back to him in january this year but our relationship finally ended in june this year. we have a 4 yr old child together and i agreed to regular contact every other weekend and a couple of weeks through the year i tried to encourage this for the little ones sake but he does not stick to it and has only seen her twice in 5 months and the little one has been getting upset he plays no part in anything to do with her and does not seem to be interested i recieved a text asking if he could have her over night on friday i am wondering if it would be a good idea for me to apply for residence? i would also like to change her surname to mine and maybe get a contact order set up
thank you
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
When did he last have the child overnight?
Customer: replied 4 years ago.

20th september.

when i was in court last year he only had saturday day contact but he will not do that as cost to much in fuel. he also drinks alot and smokes canabis he also lives on a boat

Expert:  Clare replied 4 years ago.
Are you happy for him to have her overnight?
has he threatened to remove her from your care?
Customer: replied 4 years ago.

im not happy with the idea but she enjoys going . no he has not threatened to take her but he did take her last year and her passport and police encouraged him to bring her back which he did. i don't think he will do that again as he can't find the time to see her now

Expert:  Clare replied 4 years ago.
Given the incident last year it is not unreasonable to apply for a Residence Order to ensure that your child is always returned at the end of contact
It would also be sensible to agree to a set pattern of contact.
This will not ensure that he always turns up - but it will ensure that you can say than unless it is a contact weekend then he cannot have her.
If you wish to make the application then you will need this form
and the fee is £215.
I am afraid that the chances of your being able to change her surname unless your ex agrees are very slim
I hope that this is of assistance - please ask if you need further details