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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 32826
Experience:  Award winning lawyer with over 15 years experience
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My ex is applying residence order but he is in arrears with

Customer Question

My ex is applying for a residence order but he is in arrears with his mortgage. Would this be taken into account as I could fight back with my concerns that he has no secure home.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas Judge replied 1 year ago.

Thank you for your question. The court when considering the issue of residence (it is now called a child arrangement order) will look at the welfare the checklist as set out within the Children Act 1989. If he is saying that the child should live with him and you can show to the court that he is about to become homeless then this would be a very strong point against the making of an order in his favour.

I hope that helps

Please rate positively.

Customer: replied 1 year ago.
How can I get a copy of his credit report to prove this?
Expert:  Thomas Judge replied 1 year ago.

You would need to make an application to the court on a form C2 - raise this concern and seek that the father provides this information to the court together with his witness evidence; but you would need a firm basis for your view. You can go to credit rating companies online for this information - but it is often more uptodate if he can provide by court order the information.

Please remember to rate positively.

Expert:  Thomas Judge replied 1 year ago.

please remember to rate positively - thanks

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