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Ask Clare Your Own Question
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33015
Experience:  family solictor with 25 years experience
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Hello I have a temporary residence order for my children.

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I have a temporary residence order for my children. I got it in April 2009. My ex-partner is an alcoholic and they were unsafe in her care. They were 1 and 3 at the time and we had recently split up. They have lived with me ever since and have at times had some contact with their mum. When she has been sober and seemingly getting on well I have allowed them to stay with her overnight sometimes. The temporary order was due to go back to court in June 2009 but my ex withdrew her claim and has made no attempt to apply for a new order since. I am assuming that the order is still in place and that I still have residency? She has sobered up again in the last few weeks and has a new boyfriend. Her last boyfriend turned out to be unhinged to say the least. I know nothing about this present boyfriend and am not happy to let them see her and certainly not whilst he is there and definitely not overnight. In 2009 the Judge basically said that I would be in charge of contact and it was up to me when she should see them. I know this is a bit incoherent but I am just worried. The children are really happy and well balanced, happy in school, etc. After having them so long, could she try and get them back. PS She was convicted of drunk driving again last November. Any ideas? Thank you, Damien
Thank you for your question
I shall do my best to assist you but I need some further information first
Looking at the Order does it actually say that it has an end date? (I would not expect it to)
Customer: replied 3 years ago.

Hi Claire

No, it says "The children (names and dates of birth) shall reside with the Applicant father Damien Rryan until further order.

Then that means exactly what it says - the children live with you unless and until the court says something else - which they are unlikely to do unless they are no longer safe with you (also unlikely)
So far as contact is concerned you have clearly been reasonable and so long as you continue to be reasonable there is nothing to worry about.
If she continues to stay sober then you may wish to establish a regular pattern of contact using Family Mediation
I hope that this is of assistance please ask if you need further information
Clare and 6 other UK Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks Claire


Just one last thing, with regard to her present boyfriend, is there such a thing called 'Sarah's law' (I think) which allows me to check on ex partner's boyfriends/girlfriends with the police before I allow them to have contact with my children?



You can read more about Sarahs Law here

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