Has anyone applied for a living/lives with order

[Ame1924]

I'm thinking of applying for a lives with order which states my daughter (5 months old) lives with me and not her father.

Do anyone know the process of this and will the court have to get in touch with him for his permission? I can't see him being happy about it, even though she does live with me 7 days a week.

Just to add there has been domestic violence invovled (not physically)

Any advice on this kind of things guys? I won't bore you with the whole story bit he constantly threatens to not return out daughter back to me on his days that he has her (3 days a week) she's 5 months old and a he's done since she been born is play games!

You will have to obtain a certificate from mediation to show this was attempted first.
Domestic abuse will mean you will not have to complete this with him but you do still have to pay.

You will then complete a C100 and go to court where you can submit your position statement and he will present his.

The court will decided in the best interests of the child who will have a lives with order. You, him or both and what the timetable of visitation will be

You want to ensure everything is OK there.
Birthdays, special events, mothers day
You want holidays and travel ironed out.

You also want to future proof as much as possible. So what will the child's life be like in school.

The first part of the last post is not correct. You do not have to attempt mediation. You are supposed to attend a Mediation Information and Assessment Meeting (MIAM). However, if you have evidence of domestic abuse, you do not have to attend an MIAM and therefore do not have to pay for it. The C100 form sets out the evidence of domestic abuse needed to avoid an MIAM. Even if you do have to attend an MIAM, you do not have to attempt mediation. You do, of course, have to pay the court fee when you submit your C100. You won't be able to get a court order without your ex knowing about it and having the chance to oppose your application.

Okay thankyou

So how will he know about it? I'm guessing he will be sent a letter.. and if he is not happy about it, is there anything he could do that would stop me getting this?

I have one, no issue getting it either tbh and I had no domestic violence or abuse. He had threatened to take my son though and I said I wanted one and also so that I can take my son on holiday without his permission.

He will be notified and will be given a chance to object. If he does object, there will be a hearing to decide whether to give you the order you want.

Was he informed about getting one? And if so did he try to go against it?