Can another parent file an application for residency when one is already live from the other parent?

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lonedad | 10:32 Sat 03rd Jul 2010 | Parenting
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Hi, I originally asked this in civil law but someone pointed out that maybe I should have posted it here instead.
I applied for residency of my daughter as a few things happened toward the last quater of last year which I felt was causing my daughter undue stress. I wasnt able to apply to the court though until May as Legal Aid took their time to correctly calculate what they would pay. My daughters Mom was served application papers and we had a hearing 2 weeks later. My daughters Mom failed to show and the judge ordered that Cafcass(?) should do a section 8 report. A further court date was arranged for September and my ex was sent a letter informing her of this.
Today I had a voicemail message from my rather flustered sounding solicitor saying that they had received an order from the court saying "Solicitors from both parties have been heard by District Judge **** on the 25/6/2010 and a further hearing has been arranged for the **/7/2010 with an estimated time of one day". Both my solicitor and I have had no applications served or any warning that anything was to be heard at the court on the 25/6/2010. Also, the judge that heard my application is not the same judge that has produced this new order.
Unfortunately by the time I received this voicemail my solicitors had closed. I now have a weekend of worrying what the heck is going on. Can two applications be made about this by the same parties? I thought if I had had an order served by a District Judge then the other person had a chance through that to counter claim. My solicitor is bamboozled and so am I? Could this be a mistake by the court?


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Just thought Id add the my daughter has lived with me since she was 2 weeks old. My daughters mother had contact from when my daughter was 4 months old until she was exactly 2 years old. Since my daughters mother has had no contact, we have heard nothing from her for nearly a christmas or birthday presents. No requests to see her, nothing.
Can anyone help? The thing thats bothering me is the order my solicitor received is dated the 25/6 and states that BOTH parties were present. I clearly wasnt and nor was my solicitor. Neither of us received any warning that there was a hearing. This is the first either of us heard of this. The other thing is that its a different judge, surely a custody case remains with the same judge. I havent even heard from CAFCASS yet.

March - I applied for custody and my ex was served a petition by a baliff with a further court date a week later.
Next Court Date - Ex failed to turn up .We were given an order given by a judge which gave me interim custody. The judge also ordered a section 8 to be filed by CAFCASS and a final hearing in September.

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Can another parent file an application for residency when one is already live from the other parent?

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