Changing a residency order in county court

[MamaMaiasaura]

Very long story but back in 2003 xdp was awarded residency order for ds1. Within 18 months he asked me if I'd have ds1 full time (of course I did). So from then on he's been here full time and sees xp fortnightly. No bad feelings etc and all ok. I've since married and have another ds and a dd. however I've never returned to court re residency. How do I do this? Do I need to? Ds1 is now 12.

I assume you have the child benefit, and CSA maintenance. You could do with getting the residence order rescinded, but the fact that you have agreement means that I don't think you really need a residence order in your name.

Yes cb and maintenance since June 2005. I don't want a residency order at all. Is it complicated to get existing one rescinded?

Involves form filling and a court fee to be paid. On second thoughts, the court might want to make a residence order in your favour.

If it ain't broke......

Thanks collaborate. My reasons for wanting to get rid of residency order are:

To ensure if something awful happened to me dh would have a say in terms of ds1.

To ensure exp can't just say ds1 must live with him

If dh gets position abroad that we could all join him for the posting.

Not fussed a out residency order to us unless required.

To answer the points you make in turn:

1. He can't have a say at the moment. He'd need to apply for parental responsibility. Never come across a step-parent application in practice. Would you be satisfied if your ex-P's wife (assuming he has one) applies for PR? Would work the other way round.

1. See above.

1. You will need your ex's permission to move abroad, or an order of the court. Residence orders merely permit the holder of the residence order (as named in the order) to remove the child temporarily for a period of up to 28 days without permission of the court.

Thank you, that's made it clearer. Xp does have a partner (who's very lovely). The wanting ds to be a mw to stay with his step dad should worst happen to me, is because of his siblings and him staying together, not about stopping his bio dad being invoked. I'd like the status quo to continue.

Re abroad, exp is aware and ok with it so would that need to be formalised? I ha e baby brain

You have no need to do anything save for getting his consent in writing. Before you go, sort out maintenance, and his future contact. Who will pay for travel costs(I reckon you if he continues to pay full maintenance)?