resadencey orders???

[anon]

wonder if u could help me undrestand what the rules of a resadency order are ? the situation is as follows 6 years ago i got with my partner who had a 3 yr old son he went to some court (i didnt go as i was new to the relationship and didn't want t rock the boat) my partner came back an said that him and his ex couldn't agree to where there child should live so the court put a resadencey order in place for the child to live whit his nan ( my partners ex's mum) where he was living anyway because my partner was single & in full time work (commuting from stoke to wales) and couldnt have him living with him as a single perent and his ex's new boyfriend (now husband) hit the child and social services were involved (don't know what the outcome of this was ) now a few months ago we found out that the child is now living full time with his mum and husband, can this just happen or dose it have to go to court and if so would my partner be contacted to attend court and have his say? we would like him to live with us here where it is safe from his mums husband which we here alot of bad things about could u tell us how to go about this and if my partner has any rights as a dad. also we are worried that she is gonna stop my partner seeing his son because my partner dont work but see's his son so the ex cant get any c.s.a off us but we have told her we will help out, we have a feeling she is gonna stop this to get c.s.a, please help (an sorry about the spelling )

[Suzie, FRG Adviser]

Hi Anon

Welcome to the discussion board.

Sorry to hear about the difficulties your partner is experiencing with regards to his children, and the concerns you have about their welfare.

You have said that the maternal grandparents were awarded a residence order six years ago. This means the court decided that it was in his son’s best interest for him to reside with them (and not either parent’s care), until he reached eighteen years.

In theory, the court should be informed of any changes to this arrangement, and at the very least your partner should have been consulted. Do you know if your partner has parental responsibility for his son, because this would give an idea about what rights he has in terms of day to day decisions around him?

Apart from your partner’s long commute to work, what reasons were given, for him not to be awarded custody last time round?

If you are considering applying to have the child living with you, may I suggest you both seek legal advice via http://www.lawsociety.org.uk from a family solicitor, (or the Children’s Legal Centre on 08088 020 008) about your options.

Best Wishes


Suzie

[anon]

thankyou so much for replying my partner is now going to try and reslove this threw the court as she is now telling his he can only see his son 2 weekends a month and we are not to see him over christmas after my partner being the only perent to have him every weekend and school holiday its getting a joke but thankyou so much for explaning the resadencey order x

[danny123]

Hi I am going in for my 2 kids but my babys mum mum as the 2 kids and she as the resadencey order and my babys mum past away last year and the kids was on sociel services because my kids got hit by the person who murdred my babys mum but am fighting for my kids with her mum need help