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Applying for residence order - how

(10 Posts)
OnlyWantsOne Wed 31-Mar-10 14:57:37

Please tell me how to apply for a residence order?

STIDW Wed 31-Mar-10 16:41:25

Form C100, guides CB1 and CB3 available to download from HM courts Service website. There is a fee of £175 unless you are on a low income and qualify for exemption. Court officials will help you by checking forms have been filled in correctly and giving information but they my not say anything which might be construed as legal advice.

However, there is a court principle of no order and sole residence is generally only awarded when there are good grounds. In 25% of cases (possibly more now) the outcome of sole residence applications is shared residence which may not be your intention.

OnlyWantsOne Wed 31-Mar-10 17:35:12

my daughter has been living with me since her birth. She has not lived with her father since she was 6 months when we seperated. He has no access for 2 years due to other issues.

He now has access (highly supervised)

This is why I now want to apply for one.

Thank you for all your help.

CarGirl Wed 31-Mar-10 17:41:37

My SIL in the midst of divorce and the court wouldn't let her apply for residency until the 2nd time he took the children from her home without her agreement!

OnlyWantsOne Wed 31-Mar-10 18:19:26

Cargirl - thats terrible

Tanga Wed 31-Mar-10 19:17:54

The court will look at why there is any need for the order (for example if there have been threats to take the child away) - but if the child has always lived with you and his contact is supervised the No-order principle might apply (ie it is best to make no orders if possible)

prh47bridge Wed 31-Mar-10 23:30:30

I have to echo Tanga. The fact that he has highly supervised access is unlikely to justify the court making a sole residence order. Indeed, as STIDW says there is a possibility the court may award shared residence, which would leave you in a worse position than you are now.

Unless there is something you aren't telling us I'm not sure that applying for a residence order is a terribly good move.

OnlyWantsOne Thu 01-Apr-10 09:50:41

I was recommended to by my barrister at the last contact direction hearing.

It was denied by the magistrate as he didnt understand why I needed the extra "comfort" of having a bit of paper that proved that DD lives with me.

He said it was unnessesary to just make official the status quo.

prh47bridge Thu 01-Apr-10 11:49:59

That's the "no order" principle in action. I'm surprised at your barrister's recommendation, to be honest. The reaction from the magistrate is exactly what I would have expected.

2point4Buttons Sun 05-Jun-11 18:10:08

Can anyone comment as to what will happen (on the day of the hearing... ie the actual real situation of collecting the children!) should the court rule a change of residency in favour of the non resident parent please?... Does it happen the same day?... What is to be expected?
Also will Caffcass (the guardian ad litem) assist?

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