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Info/options
#1
I have a lad of 11 who i have joint residency for 6 out of 14 days been in place 7 years. His delightful mother is due in court this month with a custody very likely. 9-12 months expected this is for Money Laundering her latest fella likely to get 4-6 years. 
I would like to know before I go to solicitors and start ball rolling for sole residency if anyone has any advice and the likely outcome through peoples experience, of me going for sole residency.  Can I start proceedings while she is in jail (if goes that way)?
Cost nearly £4k last time and unfortunately cant afford similar amount again. Any help would be much appreciated Thanks
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#2
Yes youncan but for now offer to have your son while she attends court and be supportive of her at this time to help out with looking after your son as thats whats in his best interest, if and when she's in jail apply then as there will be no fight from her, fear if you do it now she will show resentment and make your time with your son a nightmare.
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#3
(08-04-2017, 01:02 PM)Ben3232 Wrote: I have a lad of 11 who i have joint residency for 6 out of 14 days been in place 7 years. His delightful mother is due in court this month with a custody very likely. 9-12 months expected this is for Money Laundering her latest fella likely to get 4-6 years. 
I would like to know before I go to solicitors and start ball rolling for sole residency if anyone has any advice and the likely outcome through peoples experience, of me going for sole residency.  Can I start proceedings while she is in jail (if goes that way)?
Cost nearly £4k last time and unfortunately cant afford similar amount again. Any help would be much appreciated Thanks

The problem you have is until she is sent to prision, you can not contest Residance based on that.

However, if you had any other significant reason for wanting to change things, what must be something not known when the last order was made, you could apply for a variation now.

I would not pay for any legal advise at this stage, but I would get down your local CAB, and see if they can get you a free 30 min chat with a Solicitor, so you know what process and when you can do it.

Is there a plan in place for where the children will be when she has to go to Court?
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#4
(08-04-2017, 02:16 PM)MarkR Wrote:
(08-04-2017, 01:02 PM)Ben3232 Wrote: I have a lad of 11 who i have joint residency for 6 out of 14 days been in place 7 years. His delightful mother is due in court this month with a custody very likely. 9-12 months expected this is for Money Laundering her latest fella likely to get 4-6 years. 
I would like to know before I go to solicitors and start ball rolling for sole residency if anyone has any advice and the likely outcome through peoples experience, of me going for sole residency.  Can I start proceedings while she is in jail (if goes that way)?
Cost nearly £4k last time and unfortunately cant afford similar amount again. Any help would be much appreciated Thanks

The problem you have is until she is sent to prision, you can not contest Residance based on that.

However, if you had any other significant reason for wanting to change things, what must be something not known when the last order was made, you could apply for a variation now.

I would not pay for any legal advise at this stage, but I would get down your local CAB, and see if they can get you a free 30 min chat with a Solicitor, so you know what process and when you can do it.

Is there a plan in place for where the children will be when she has to go to Court?

Cheers MarkR for the response. She has not spoke to me about it, I have found this out through the press and I have contacted the investigating officer so they have my contact details for when it goes to Crown Court. I have the lad on the first two days anyway of the trial (my days). 
I plan on speaking to her face to face when I collect my child this weekend (child will be out of earshot in car with my wife while I speak to his Mum. 
I am not mentioning the residency side of things except that if she brings it up that someone else will look after him if she does go to Jail.  He will need stability more than ever at that time (starting Senior School next month) rather than been passed from pillar to post while she is inside.
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