Seeking Residency

[sarahsquarepants]

My partner and I are considering seeking residency of his son from his previous marriage. Although we haven't decided on this yet (we want to be sure this would be the best choice for him), I'm looking for advice on how best to go about this.

My partner and I live in Westcliff, his ex partner lives in Plymouth with their son. She is constantly verbally abusive down the phone to my partner at the moment in front of their son, who is finding this quite distressing. She claims that we don't have my step son enough, although my partner travels to Plymouth twice a month (600mile round trip each time) and spend a few days at a time with his son. In addition we will now be having him here in Westcliff for the majority of the school holidays. The mother is still claiming this is not enough - we are getting the impression she wants my partner there every week. Due to the distance and the nature of his job (he is a police officer) this just isn't possible.

My partner and I have discussed the option of his son coming to live with us, but still seeing his mother regulary. We are concerned about the tendancy of the courts to favour the mother, and that we would be putting ourselves through a long and difficult process for nothing. Any advice would be gratefully received.

Many thanks

Kj

[Lawyer Mark]

This would not be a straightforward application, as it would involve a significant relocation for the child (i.e. removal from his current school, friends, extended family, etc) in addition to usual difficulties experiences when trying to remove a child from his mother. However, it may be worth mentioning that I do have experience in successful relocation applications.



A lot will depend on the child’s wishes and feelings in light of his age and understanding. We would also need to look at the age, sex and background of the child; his physical, emotional and educational needs; the capability of both parents to cater for those needs; and the effect on the child of a change in circumstances. It is difficult to advise on the merits of such an application without more details. However, whilst there is a ‘no delay’ principle for Children Act cases, a contested court application could take up to 9 months and be costly.


Prior to any court application being issued, the parties should consider mediation as an alternative way to resolve matters. I know they are a fair distance apart, but if he travels to Plymouth for contact anyway, then this could be a good option. It would certainly be cheaper and less time consuming.

If you wanted to discuss this further, we do provide a free initial consultation. Call 01245 504094 and ask to speak to Sarah Orrell.

I hope this helps.
regards
Mark

[sarahsquarepants]

Thank you Mark, we may well take you up on the consultation. My partner is travelling back from Plymouth tomorrow so I will discuss it with him then.

Many Thanks

KJ

[Lawyer Mark]

KJ, let me know if there is anything further I can do to assist.

regards
Mark