residency order

[hongkongfuey]

My husband would like to know if ever an absent father has been granted residency for his children on the grounds that the childrens mother has clinical depression and is making an unfit decission to move the children 400 miles away from him.

many thanks

[Barmaid]

I can't really help since family law is something I have no experience of but bear in mind that just because it has never been done before does not mean it cannot happen. Please take professional advice. Our law is made and enhanced by people fighting for what they believe in and evolves on a daily basis.

[andrew123]

fathers have very few rights so the mother can pretty much do as she pleases so i am led to believe!

[froggequene]

You haven't supplied enough detail in this case for peple to advise - the depth or severity of her condition, why she's made this depression, etc, also assuming she is the day to day care giver for the children why are you questioning her capacity to care for them now? I would be very careful about playing the mental health card as it could prove detrimental to his continuing relationship with the children's mother. The move may impinge on the father's access to his children but it doesn't necessarily mean that it's a bad decision for either her or the children.

Seek advice from a solicitor who specialises in family law & custody issues and even though it goes against my better judgement to say this, you might want to think arguging that it would be detrimental to the children to be moved - moving away from their support network of family (extended?) & friends, their education may be affected, etc.

[froggequene]

I meant decision, not depression