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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My sister who went behind my back and got a interim

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my sister who went behind my back and got a interim residence order which then a resident order after i trusted her with my son when i went to rehab .she basically refused to give him back based on assumptions of a addict character also a assumption she concerned i may use again .judge granted me only contact .i have only ever wanted him home with me ,can i challenged the residence order the legality place of where he lives .she is against any form of contact with son and i so hasnt abided by contact. she has a history of domestic violence or her husband to her ,this i know prior to my son going to live there.she just mocks me and it was all one big farce for her this past residence order she got without my concerns being raised on her .she is bringing him up with no religion also,and i believe no extra help support for his special learning needs

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How old are the children?

-When was the contact order made?

-What were the contact arrangements in the order?

-Have there been any significant changes / improvements to your situation since rehab?

-How long has the residence order been in place?

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Customer: replied 1 year ago.
I am sorry I was unable to find where to reply to yourself.
My son is 12years old ,residence order granted 10/11years ago, I felt it was not in my sons interest, I was back from rehab and she was his aunt and she had a long history her/husband in domestic violence ,i dont now why i didnt mention at court, only I was in shock from the application she made against me and my 3-6month old son. contact was for every 2weeks for 2 hours , she was not interested ,I only saw him a handful of times after I gave money/gifts she was happy for me to see him,I had to return to rehab in 2014 and have turned my life around study/pt work daily 12step and found my voice, i want this injustice corrected for son and then me and his sister ,my reality of the residence order has been a adoption order as she is against anyform of contact and I fearfull that i am trying to seek my sons best interest but she will defend it with her alterior motive that she is not prepared to accept a finatial loss of his disabilty benefits and therefore in her best interest if she can prevent contact or my son ever being return to , can i apply for cancelling a residence order wherby arrangements can be included contact and transition period when son returns to me as apposed to a form i have to post for her breach of contact order which in reality would lack her cooperation for her own reasons

Thank you for the further information. Yes, as your circumstances appear to have changed since the making of the residence order you would be entitled to apply to court to discharge the order and for the children to return to your care - you can do this using form C100 and a £215 court fee to your local family court.

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Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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