Interim residency order

**Fulscape** · 11th June 2015, 22:57:PM

Re: Interim residency order

Replying to myself. I think I can't apply for an interim order but should apply for an urgent reaidency order and ask for an interim residency order until that is decided?

**stevemLS** · 11th June 2015, 23:09:PM

Re: Interim residency order

Originally posted by Fulscape View Post

Replying to myself. I think I can't apply for an interim order but should apply for an urgent reaidency order and ask for an interim residency order until that is decided?

Yes, you are right, interim orders are usually granted along the way of determining applications for full orders, they are not usually an end in themselves.

**DirtySmurf** · 12th June 2015, 09:08:AM

Re: Interim residency order

You should be seeking a Child Arrangements Order (what used to be a residency order) with the children defined as living with you, in addition to this you seek a Defined Contact Order for the children to see their mother. You will need to provide evidence if you have any of why the children do live with you and should continue to do so, any reports from any Local Authority and the Police will help. Interim orders are made until a Final Hearing which could be many many months down the line if reports are needed into mothers mental health and so on. In this case I would expect that a Section 7 report may be used for the children to see their current arrangements and how it is affecting them, their wishes and feelings and so on.

Good luck with it all

**DirtySmurf** · 12th June 2015, 09:35:AM

Re: Interim residency order

I would also suggest writing to the school detailing mothers mental health problems and the impending court action, they children live with you and you do not authorise ANYONE else apart from those designated by yourself to collect your children from school

**DirtySmurf** · 12th June 2015, 11:01:AM

Re: Interim residency order

Originally posted by Fulscape View Post

Hi guys/girls.

Without going into to much personal detail here is e sorry story.

My wife and I have had a complicated past and we split weeks ago. Today after all the abuse (she had physically hit me and emotionally controlled me for years) I decided not to return the kids to her for there safety. The emotional abuse is constantly threatening to kill herself or leave kids and just run away unless I came there at once. As she had previously attempted suicide this scares me to run around where she usually argues and sometimes hits me. The kids see all of this my oldest 11 says he hates it all and wants his mum better.

I have asked her to seek help. This led to a crazy situation where the police were involved. They advised the children should stay with me as she was not capable of caring for them.

My problem is without a residency order I cannot stop her taking the kids from school and running away or doing something worse.

My intention is to apply for an interim residency order until a full residency order hearing can take place. Im intending on doing this using a C100 and claiming urgent to protect the children from harm.

I have a few questions.

1) should my order be for an interim residency order or just a residency order (urgent is a given)
An Emergency Ex-parte application for a residency order can be made, to do this you would need to fill in a c100 and c2 with a supporting statement and evidence. You can present 4 copies of all documents to the local county court at 9am when they open with payment or an ex160a form if you are on a low income or benefits, your 4 bundles will be (1 copy for the court, 1 copy for cafcass/LA, 1 copy for your ex and a copy for yourself) Judges do not usually grant emergency applications without solid evidence that the children are at serious risk of harm. However in my experience of issuing them, I have had a hearing within 10 days IF you can show the children are at risk if a hearing is not ordered. You can of course just file at court normally and hope they list it as urgent as possible.

2) what time frame should I put on the section where it asks how long to be heard?
30 mins - you are asking for a 30 minute hearing basically with a judge for an emergency application, or 1 hour if listed for a hearing, if the time frame being asked for is how long until a hearing.... that needs to be as soon as possible due to the urgency of the situation

3) is this the best option legally I can take? I don't want to stop her seeing the kids but until her netball health can be resolved I feel it's in there best interest to stay with me
If you have genuine concerns for the welfare of your children while in their mothers care due to her mental health then yes this is the correct avenue to take to ensure their safety. You need to make it clear to the court in your statement that you are merely trying to protect your children from potential harm, whilst finding a way that both parents can be actively involved in their lives in a safe and appropriate manner, which you believe is only possible if mother receives help for the mental health issues you believe she is suffering from.

Ask if any more info is needed.
I expect the court would issue an order for a further hearing to allow mother to attend and hear both sides of the story, I would then think they will ask Cafcass or the Local Authority to do a report on the children and mother, with any luck the report will identify any issues and cafcass/LA's opinion on how to deal with them (medical help etc)

Thanks

See my replies in Red, this is just my opinion

Interim residency order

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