Applying for residence order - how

[OnlyWantsOne]

Please tell me how to apply for a residence order?

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.

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.

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!

Cargirl - thats terrible

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)

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.

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.

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.

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?