[Solved] residence

Hi Paul,

This is exactly the right place to post this.

Is there a particular reason why you wish to have a Residence Order? Is the mother going to contest this or is she happy to agree to the change?

The reason I ask is that it would be possible, if there is agreement all round, to get a legally binding document compiled by a solicitor and then presented to court to be put into a consent order.

There have been certain amendments to the Childrens Act recently and you would now be applying for a Child Arrangements Order. As there is a residence order in place you may be able to apply for a variation of it.

Your oldest child is now too old to apply for, he is of an age where he is free to decide with whom he lives.

Hi and thank you for your reply,, im still a little unsure as to what i need to do as its a little unclear, sorry. i would like to have residence for security. in the sence that my children have no desire to move back to their mothers. also my family have been through so much emotional harm in the past with her that this would prevent any more damage been done to my children from restricting my contact and not allowing my children to see me at times with threats to them both if they did different. it would also assist me in any maintenance issues i have and deciding and authorising things in the future without any worry that i am dooing things wrong. thank you. paul

Hi Paul,

This is exactly the right place to post this.

Is there a particular reason why you wish to have a Residence Order? Is the mother going to contest this or is she happy to agree to the change?

The reason I ask is that it would be possible, if there is agreement all round, to get a legally binding document compiled by a solicitor and then presented to court to be put into a consent order.

There have been certain amendments to the Childrens Act recently and you would now be applying for a Child Arrangements Order. As there is a residence order in place you may be able to apply for a variation of it.

Your oldest child is now too old to apply for, he is of an age where he is free to decide with whom he lives.

Hi Paul

I understand why you would feel you need the security of a residence order.

As Mojo says, your eldest child is over the age that a residence order would apply, he has freedom to choose and can't be forced to move back to the mothers home. Your 12 year old is of an age where their wishes and feelings would carry weight with the court. Courts also like to keep siblings together so that would also favour your application.

As far as claiming maintenance is concerned, as you are receiving the child benefit for both, that would be all you should need to prove residence.

There have been some changes made to the family court process. You would now need to attend mediation before making an application to court.

The application you would make is a Child Arrangements Order, which replaces the residence and contact orders, and you would apply with form C100. There is a court fee of £215 to apply but if you are on a low income or benefits then you may be entitled to an exemption. To claim this you would need form Ex160a.

Here's a couple of links that may help you to understand the process

www.childrenslegalcentre.com/userfiles/Residence.pdf

www.familylaw.co.uk/system/uploads/attachments/0008/5097/PD_12B_CAP.pdf

I meant to say that many solicitors offer a free initial consultation if you would like some face to face advice about moving forward with this.

Families Need Fathers also run meetings nationally where advice and support is offered. Here's a link to their webpage where you will find details of meetings in your area

www.fnf.org.uk/help-and-support/local-branch-meetings

Thank you. We have attended mediation in the past on the courts advice and that broke down immediately. my x partner will not speak to me either on the phone, in text or any other way. as far as she is concerned i have no part in her life and anything she wants to say she tells my children to tell me.

Hi Paul

I understand why you would feel you need the security of a residence order.

As Mojo says, your eldest child is over the age that a residence order would apply, he has freedom to choose and can't be forced to move back to the mothers home. Your 12 year old is of an age where their wishes and feelings would carry weight with the court. Courts also like to keep siblings together so that would also favour your application.

As far as claiming maintenance is concerned, as you are receiving the child benefit for both, that would be all you should need to prove residence.

There have been some changes made to the family court process. You would now need to attend mediation before making an application to court.

The application you would make is a Child Arrangements Order, which replaces the residence and contact orders, and you would apply with form C100. There is a court fee of £215 to apply but if you are on a low income or benefits then you may be entitled to an exemption. To claim this you would need form Ex160a.

Here's a couple of links that may help you to understand the process

www.childrenslegalcentre.com/userfiles/Residence.pdf

www.familylaw.co.uk/system/uploads/attachments/0008/5097/PD_12B_CAP.pdf

As mediation is now compulsory you will need to attend just so that the mediator can sign you off.