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Can I get residency?
#1
I'll keep this as brief as I can;

1. Current CAO in place stipulating overnight contact once every four weeks (from Saturday 7:30am to Sunday 18:15pm) and four days of Feb & Oct half term and 7 days in summer term

2. CAO suggests that contact to be discussed and increased between parents

4. Ex increased contact in May to fortnightly and agreed to sharing school holidays (this is because she separated from her partner and now needs more childcare help - which is great for me)

5. This has been agreed outside of court and I have text messages from her confirming arrangements (should she try to backtrack)

6. Ex has been promoted and is now working longer hours (she was rarely at home as it was)

7. My 7 year old daughter rarely sees her mum. She is in breakfast and after school club and is collected from school by her nan who has been staying at the house during the week (travelling from Norwich to Essex)

8. I have just found out that my Exes mum has moved in with her (unsure why, can only assume that she is struggling)

9. My daughter spends two weekends with me and the other weekends, she is with maternal family (she's here there and everywhere)

10. I found out last night (from my daughter) that she was in the care of an unknown male (to me) and said that she had met him for dinner with my ex last week (suggesting that this is the first and only time she met him). She was with this male because her mum and nan both had to work (this was after 7pm last night)

11. My ex must have known that she and her mum had to work last night so it is my opinion that a) she should have called me to ask if I could help or b) she should have informed me that someone would be looking after our daughter (she knows I call every Wed night)

12. My ex has ignored all of my messages and phone calls asking who this person is. This is typical behavior from her but suggests that either a) she enjoys ignoring me or b) she doesn't see an issue with it. Either way, she's behaving extremely inappropriately

I am moving in with my partner on Monday to be closer to my daughter, I am applying for jobs that work around my child's education, I have made an application for schools near my new house and I am keeping a record of all concerns I have.

My question is; do I have enough evidence to take this to Court and apply for Residency of my daughter (and have a good chance at being successful)? I have a 35 page Chronology detailing concerns I have had and tried to address in the last year.
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#2
(07-28-2016, 10:52 AM)paynescott16 Wrote: I'll keep this as brief as I can;

1. Current CAO in place stipulating overnight contact once every four weeks (from Saturday 7:30am to Sunday 18:15pm) and four days of Feb & Oct half term and 7 days in summer term

2. CAO suggests that contact to be discussed and increased between parents

4. Ex increased contact in May to fortnightly and agreed to sharing school holidays (this is because she separated from her partner and now needs more childcare help - which is great for me)

5. This has been agreed outside of court and I have text messages from her confirming arrangements (should she try to backtrack)

6. Ex has been promoted and is now working longer hours (she was rarely at home as it was)

7. My 7 year old daughter rarely sees her mum. She is in breakfast and after school club and is collected from school by her nan who has been staying at the house during the week (travelling from Norwich to Essex)

8. I have just found out that my Exes mum has moved in with her (unsure why, can only assume that she is struggling)

9. My daughter spends two weekends with me and the other weekends, she is with maternal family (she's here there and everywhere)

10. I found out last night (from my daughter) that she was in the care of an unknown male (to me) and said that she had met him for dinner with my ex last week (suggesting that this is the first and only time she met him). She was with this male because her mum and nan both had to work (this was after 7pm last night)

11. My ex must have known that she and her mum had to work last night so it is my opinion that a) she should have called me to ask if I could help or b) she should have informed me that someone would be looking after our daughter (she knows I call every Wed night)

12. My ex has ignored all of my messages and phone calls asking who this person is. This is typical behavior from her but suggests that either a) she enjoys ignoring me or b) she doesn't see an issue with it. Either way, she's behaving extremely inappropriately

I am moving in with my partner on Monday to be closer to my daughter, I am applying for jobs that work around my child's education, I have made an application for schools near my new house and I am keeping a record of all concerns I have.

My question is; do I have enough evidence to take this to Court and apply for Residency of my daughter (and have a good chance at being successful)? I have a 35 page Chronology detailing concerns I have had and tried to address in the last year.


Sounds like you have grounds to apply to vary the current order.

You have no legal right to know who the man is, but what you can do is made a case that there is a lot of time the child is not in her care, and that you are able to offer more care by a parent. Offer reasonable contact in the week (having the child round for tea 1 or 2 nights), every other weekend and up to half school holidays to her, in your Position, and you might get a result.
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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