Residency order

[rutty9999]

My partner recently left her abusive husband a few months a go to live with me. Her two children also came to live with me and have settled in very well. Her husband has not paid any maintenance to the kids and even has taken her child allowance when it was paid in their joint account by mistake and would not give her it back. She has give him reasonable access to the kids, by letting them stay with him at the weekends.

He has just recently found out about her living with me and is now demanding that the kids stay with him on the evenings my partner works and has sent in a residency order. He wants to pick them up on the evenings she goes to work and return them in the morning before he goes to work and still have his weekend. Do you think this is unreasonable as it will totally disrupt the kids routine. He is constantly calling my partner and tauting her that he is going to get custody of the kids.

[Pippa68]

Yes it is unreasonable.

Rest assured if he takes it to court they will look at all circumstances ~ especially the childrens routines..that will be paramount in their decision as the childrens needs are taken into account over the adults.

Make sure she keeps records of communication. In the event of the kids having shared residency the contact will be split down the middle ~ I can't see it being decided that they are all over the place during the week. Remember this isn't about 'letting' kids stay with their parent..they must be able to decide for themselves where and when they want to go. The adults are supposed to be there to work out arrangements around the children's wishes :o)

With regards to the child benefit, your partner should contact the benefit centre in Newcastle to let them know her change of address and bank account (if she hasn't already). I would recommend she get a totally new account.