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Applying for residency order - Advice needed

3 replies

xx13jeaxx · 19/10/2018 18:24

So I’m looking at apply for a residency order for DS. On the gov website it mentions about mediation... ExP lives 300 miles away. How would I go about mediation? I have no contact details for ExP.

OP posts:
5Makes9 · 19/10/2018 19:43

Why do you need a residency order (actually a child arrangements order) if your exP lives so far away? Does the child live with your exP?

xx13jeaxx · 19/10/2018 20:06

No DS lives with myself and DH. I would like to change DS surname, and we want to emigrate to Australia, the only thing stopping us is ExP refused to let DS go 3 years ago, so the move fell through. DS currently has ExP surname but is known as DH surname so we wanted to change surname too. We want to move next year.

OP posts:
5Makes9 · 19/10/2018 21:33

I think having no contact details is an exemption for attending a MIAM. You’d be looking at a Leave to Remove application, not a residence application.
If your ex has parental responsibility and you’ve changed your child’s name without your ex’s permission or a court order, that name change isn’t legal. “Known as” names are not legal.

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