Could comeone talk me through residency orders?

[LeoTheLateBloomer]

My divorce hasn't come through yet (waiting for Decree Nici (sp?)) but I've been advised to get a residency order in place before getting Decree Absolute to avoid the possibility of my ex not giving DD back at the end of a visit.

Is this the right option and is it essential to have something in place before divorce is finalised? And if I had it set up by my solicitor would ex have to sign it something?

We have agreed that she should live with me but I would feel better having something in writing.

I am completely in the dark about all this so would appreciate some information in very basic layman's terms! My solicitor is anything but straight forward and I end every conversation more confused than I was at the beginning.

TIA

there is no need for a Residence Order if it is agreed, in fact a court will not grant one if arrangements are agreed as there policy is "No Order" unless they really have to. you could have a contact agreement drawn up between the two of you which states when your husband will have contact (which can be anything from telephone contact to overnight contact) but it is not legally binding, but could be influential on any potential future court proceedings

even if you had a residence order he could still keep her until you took the matter to court to get her back presuming he has parental responsibility and guessing he probably has as the police would be very reluctant to get involved and probably wouldnt unless she was at risk of significant harm in his care.

Ok, thank you. So basically it's best to leave it as it is?

leo, I was advised to get residency when I split from h after dv. have you rung womens aid to get advice? if you contact your local womens aid centre you may be able to get a free session with a solicitor.

Agree with countydurhamlass. The court wouldn't give you a residence order and any solicitor who tells you otherwise should get back to school. The court will only get involved if there's a dispute. The statement of arangements said your daughter is living with you, and he agreed to it in the acknowledgement of service form. End of.

I agree with Collaborate and countydurhamlass - you say, "I've been advised to get a residency order in place before getting Decree Absolute to avoid the possibility of my ex not giving DD back at the end of a visit" - this is duff advice. Is it from a family lawyer?

For proper advice seek out an accredited "Children Law" Resolution family lawyer via www.resolution.org.uk/memberSearch.asp?page_id=45

Also, I recommend concentrating on reaching agreement which (if necessary) could be recorded within a "Parenting Agreement" rather than even considering a court based option