Want to apply for residency and would love advice from someone who has gone through it

[Babybuch]

Hi, I am a single mum to a 6 year old. I split from her father when she was 6mths old and she has lived with me full time ever since. Her father sees her once a week and rarely has her overnight. I would like to apply for residency to formalise the fact that she lives with me and to ensure that she never goes to live with her father as I do not believe that he would be able to care for her properly.
I would like to stipulate in my will that if I die my daughter lives with one of my friends rather than her father and I have heard that having residency may help this be ahdered to. Has anyone any experience of this?
Is it difficult to obtain residency and is it expensive?

Hope to hear from someone!

xo

[ivykaty44]

You can stipulate whatever you like in your will - if you want your last will and testement to read that milky moon should have full residencey of your chidlren - you can. The problem comes when the childs father doesn't want this to happen and has a very valid case for it not to happen as he is father

Seek advise from a family solicitor about both the above though and you should get it all dwarn up as you wish adn is really sensible.

[Tanga]

Courts have a no-order principle - so they are unlikely to award Residence to you just to 'formalise' things; your daughter clearly lives with you, no one is contesting that.

Is it likely that your ex would want his daughter to live with him in the event of your death?

[prh47bridge]

As Tanga says, the no order principle means you will only get a residence order if there is an argument about it. The courts won't give you an order just because you feel the need for some legal security. Sorry.

[prh47bridge]

That was addressed at the OP, despite picking up on Verity's wording!

And, as others have said, you can put what you like in your will but the reality is that, residence order or not, your DD will end up with your ex if you die unless he doesn't want her or there are very strong reasons that rule him out.