Understanding Residence Orders

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Understanding Residence Orders

There may come a time – either as the result of a separation or a divorce – where the issue of where and with whom your children live comes to the fore. For this reason, the application for a Child Arrangements Order is normally made.

What is a Child Arrangements Order

A Child Arrangements Order is an order issued by the Family Proceedings Court, and details which parent the children should reside with. This order normally provides details of when and where the children can be visited by the parent who has failed to gain residency. Once the order has been granted, Parental Responsibility for the children goes to the person with whom the children will be living.

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Applying for a Child Arrangements Order

You should only apply for a Child Arrangements Order if you and your partner cannot come to an amicable arrangement relating to the living arrangements of your children. If this is the case, you should consult with a solicitor specialising in family law, who will advise you on the best course of action to take, and may suggest that a period of mediation is entered into before pursuing the matter through the courts.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Paramountcy

This is the term used to describe how the court will look upon such requests for the issuing of a Child Arrangements Order. Paramountcy relates to the importance to the children of where they should live and also what is in their best interests. For example, if the court feels that the children’s best interests would to stay with their mother, then they are obliged to issue in her favour.

The most important aspect of any court proceeding relating to the care and wellbeing of your children is what is best for them. This is something that can become a secondary issue if the circumstances between parents is not amicable. Therefore, if your children are old enough to understand, you should discuss the situation with them, and if they are old enough to decide, ask them where they would prefer to live.

Visiting Rights

If you are the parent that the court has ruled against, then you will have visiting rights. This means that between you and your partner you must agree – or the court will make a ruling on your behalf – as to how often and for how long you see your children each day or each week.

It is important that the children have access to both parents and also have the means to contact either parent as and when they wish to. The court may also rule that telephone calls are allowed in between visits in order to maintain some level of continuity.

The most important thing to remember during the application for a Child Arrangements Order are the thoughts and feelings of the children involved. You should – at all times – make sure they are aware of the fact that they are not at fault and are not to blame for the circumstances in which they are caught up.

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Ask Law and Parents a Question
Di 16/04/2023 at 7:04 am
I have a child arrangement order for my 2 grandsons now dad is refusing to hand them back saying he is applying fir a urgent court order where do I stand
Scarysarah 09/05/2022 at 6:56 pm
Me and my husband has joint residence order on our grandson. But January of this year he left us. So now am on my own with him. Can I apply for a passport for my grandson, and if so who has to agree to this, his grandad who left him or his patents
Nanna 16/09/2021 at 12:47 pm
I have a residence order over my 4 grandchildren 1 who is 17 is refusing to stay with me she is on drugs and drink but staying with her best friend and her gran social services are saying she is safe there but they are still on drugs and drink and the other gran can not see it so why is she safe why don't they make her come home she looks so dirty and ill has lost 6 partime jobs this season and is refusing to go back to collage even through she has passed every thing in her first year and was doing so well can social services not see that this family are not right for her
Ki 03/08/2021 at 9:50 am
My ex partner was given resident order for my daughter in 2013 she is now 17 in December and doesn’t want to go back to my ex partner home for many reasons will she be made to return back to him I’m stuck at what I can do and can’t do
The court order I can’t find and wen calling court the files have been transferred to another system that she can’t access realy confused
Dominique Fae Hamilt 17/07/2021 at 4:46 pm
My partner lives 716 miles away and I want to move to him I have the children 85%of the time and looking into a residency order with agreed access to the children twice a year which I will bring and collect them from their father, I don't know where I stand with this if anyone can help I would appreciate it
Momma bear 08/02/2021 at 6:19 pm
My husband has a cocaine addiction that caused our marriage to collapse after sixteen years. We have five kids together and my son. He became abusive and kicked me out of the marital home. He wouldn’t let me take the kids so I daughter refuge with a friend and he moved himself back into the house and told me if I ever wanted to see the kids I had to move back in with him and them.
He has been saying for three months that he has a residency order but I’ve never seen it. With Christmas and lockdown I’ve seen my kids for a day since November and I’m out of my mind trying to get a legal aid lawyer and social services to help. I’m in England and he is in Scotland with them. Any advice
Lottie 15/09/2020 at 4:48 pm
My parent now got given a residency order but we live together and have done for 2 years now. Does the residency order still stand as I live with him and my daughter?
Nicky 03/08/2020 at 7:02 pm
I lost my son to my ex in 2014 and he became resident order parent. I had by the judge nearly half as much in overnight and holidays in days as him. So I didn't have to pay nothing to my ex. My sons 17 and he wants to live with me full time and is soon leaving his father's and moving in with me. Has I have him nearly 50%of the time but his dad as the child benefit as the first parent can my ex do anything to get him back when he's 17 I'm in England. An I can't work out if my ex is over him till 18 but if my son at 17 wants to live full time with me dosnt my son have a say
Cadgie 28/07/2020 at 2:42 pm
My daughter had a permancy agreement till she was 16.
Shes been 16 for the last about a month and the social work said to the carers if she thinks she's kept in don't tell her she can't be told what to since she turned 16(they don't mind being unethical, eh), sorry about the rant!
I just want to know if she can come home.
Cadgie 28/07/2020 at 2:32 pm
My daughter's permancy order stoped when finished when she turned 16 she has tuned 16 she want to return home socail worker says she cant as i only have a 1 bed room house the housing aren't showing houses because of carona virus can she come home just now until I get 2 bed room house.
Tat 07/04/2020 at 11:42 pm
My ex partner was given residency of our 2 children in 2015 I wasn't in any fit state to look after them due to the death of my youngest child. I sorted myself and in 2016 he handed my children back to me but we never told the courts. Can he take them back? He hasn't maintained any contact with them since early 2017 he hasn't seen them since the day he handed them back to me.
Carebear123 27/03/2020 at 1:04 pm
Can I as a grandparent go for emergency residence order or a residence order. I’m a little confused as some parts of google say the child’s had to of lived with me for three years? Is this true or can I apply without the child having lives with me before?
Chris 15/02/2020 at 5:18 pm
I am a single father to my 11 year old daughter and had her on my own since she were 3 years. I have a residence order but because her mother left the court before we went in, no contact order has been made and the courts said it was for the parents to work out. During the 8 years her mother has repeatedly not shown as arranged, let my daughter down with stopping overnight and owe over £800 child maintenance. Just recently she has been dating a support worker and they plan to get married later this year. My daughters mother earlier today said she was going to keep her and look after her from now on. Her mother has 4 other children who are on child protection. What rights do I have to stop her mother from upsetting my daughter from the constant let downs and rights as the resident parent to keep her in my care.
Doris 02/02/2020 at 1:24 pm
Need a bit of advice on what I can do regarding a situation with my niece that is 14 years old,last year my sister had a break down and struggled with behaviour issues and getting her daughter to stop truanting school however social services stepped in and asked my sister's ex partner to take the kids for a week or so until my sister sorted herself out,both kids refused Togo at first as there dad didn't have much to-do with them for 10 years,cut a long story short my sister's ex won a residency order in court with help and support of a social worker that only had ever visited my sister at home twice in a whole year and when she did visit was satified with home conditions ext the kids have always told social services that they don't want to live with there dad and his controlling partner however there feelings I felt has never been taken into account these kids are now 12 and 14,the court order was finalised in July in favour of my sister's ex with arrangements put in place for how much time kids can spend with there mum ext,My oldest niece has now gone of the rails she's threaten to kill her dad's controlling partner she took the knife to school the next day in her bag and threaten a girl that was bullying her sister and got kicked out of school she's been reported missing 7 times social services has recantley became involved again and has said that my niece can not return to live with her father because of his controlling partner and they advised him to put her with a family member,My niece was placed in her nan's care by her dad and my niece continued to spiral out of control to the point she ran away for 3 days,now the nan has thrown her out and iv stepped in she's now been living with me for 6 weeks however she insists that she wants to return to my sister's care and have made herself clear to everyone that she will not be peranted by anyone apart from her mum ,social services is doing a visit tomorrow to see my niece but I'm just wondering if there is any way that this could be taken back to court and get this order dropped because I'm unable to make any decisions without dads final say in everything,his now using the court order and threatens me by saying if I make certain decisions for my niece weather I fill it's in her best interest I can't without his final say,My niece is 14 and all she wants is to return to her mum's care and have envolvment with her mum,social service has said she can't return to her dad's care and the nan has said she's not an option anymore she won't be placed into care either and I'm over crowed because I have 2 kids of my own the only option that I can see is her returning back to her mum's care but a court order is in place,I need some advise on next steps please can someone help
Sveta 18/12/2019 at 9:49 am
I amm in divorce process since December 2018. I have primary phisical custody and we share legal custody with dad of my baby. Baby is 2 years old. His dad has a visitation 2 times a month. He is living in different city. 4 hours driving from us.
I would like to travel with my baby abroad to my native country to see my parents. But his dad doesn't want to give a permission to me to take our son out of country. Do I really need his permission? can I travel without his permission? What can I do?
Kimmie 12/12/2019 at 5:01 pm
I have two children aged 7 and 10 who haven’t been living with me since September 2016 because of the domestic violence relationship drink n my mental health problems at the time since that my grandparents have had my daughter and my son is living with his dad and grandma I’m still currently looking for a stable home to have them back with me but feel like my grandparents keep putting goal posts out and that anything I do is never good enough what can I do to take back the control for my daughter are they aloud to control every aspect or do I go back to court.
Georgie1994 25/11/2019 at 3:09 pm
I need some advice on the residency of my 4 nearly 5 year old daughter. 3 and a half years ago I was thrown out of my house and my Daughter was with my Daughter's father's parents who manipulated me and they took my daughter away from me just because they wanted her all to themselves. The father has custody of my Daughter but now he is living in a mess I've heard from people who went to his house that he has a full kitchen of dirty pots and plates and he's really unclean. I've tried fighting for my daughter but the last court case was on the 1st of March 2017 I couldn't get there due to the snow storm, could someone please help me. I need her out of the place she's living in as it is a state
Thank you
Traceyanne83 24/11/2019 at 9:10 pm
My ex the father of my 2 boys took out a residency order without me able to defend myself. He has lied and social have said I am a fit mother and should have them with me which I have had for 11 years. It has been 3 years and my kids hate living with him and want to return home. He stops all contact and phone calls and lies to them all the time. He has tried to get my daughter taken of me for no reason .social services wont get involved because they cant make a case against me because I am a very good mum
Molly 15/10/2019 at 3:10 pm
I have a court order and residency order in place. The father has contact in which he allowed to see our son. He has stated to me that he will be keeping the child outside of the ordered contact and therefore not returning child home. If the child is not returned home am I able to ring police to collect son due to court order and residency? Thanks
Boo 13/10/2019 at 6:27 pm
My husband and I have been divorced since 2016 they live with me permanently we have an amiable where you sees the children when he wants, there's no fixed days. We do however have a dispute regarding me taking my daughter abroad to Kenya for a month where I do voluntary work. He absolutely refusees to allow her to go. Do I have to apply to the courts for full resency to enable me to take her without written consent
Kiki 08/10/2019 at 5:24 pm
My ex husband has a residence order of my son who is nearly 12.my son is upset and wants to see me and I spoke about it to my ex husband who said that he would let me see him , however he never does . Its affecting my son who is aggressive with his siblings due to thinking they are loved more than him and I can't put into words how much pain its causing me.i think I need a judge to decide on contact but i have no idea how to go about it. Please help me.
Charli 30/09/2019 at 6:29 pm
My parents have had redensisie of my child and we have always decided she would return to me for secondary school once I was better with my mental health .. that time has come what do my parents do or does she just return home without any court proceedings or do my parents have to apply for court I'm so confused and worried this is going to stop my child coming home to me , I don't kNow what to do can someone help me on how I proceed this as I have to also start applying for schools on my area but at moment she is out of catchment area with my parents
Maddy 17/09/2019 at 8:27 pm
I have a 6 year old son and my baby's dad has a residency order from 4 years ago, does this mean that I have no parental rights for my son as this is what he is telling me and he is also trying to stop my contacts even though I have never been late to a contact. He has already taken away my phone calls to my son and I feel as this is only getting worse
Amanda 13/08/2019 at 7:05 pm
I have a 7 year old daughter that's father has the residency order for can I apply to get this decision relooked at? I am a mother of two and my oldest daughter is 13 and still lives with me
coco 11/08/2019 at 8:28 pm
i got a letter from a sheriff to vary the residence order granted in favour of the pursuer in 2014 by finding the defender entitled to a residence order
Piseag 10/08/2019 at 2:11 pm
I need good advice, my ex partner was granted a live with order for our two children aged 7&11. I have been granted spend time with. My ex (the father) is not providing the care for our children, he is leaving this to his current girlfriend for the day to day running of their life. I am not happy with this arrangement and I believe the father misled the court. He won’t tell me his new address and I receive hurtful and spiteful messages from himself and his partner. Our children want to spend equal amount of time with their mum and dad. How can I appeal this court decision?
gina 03/08/2019 at 7:46 pm
I was hoping to get some advice. My ex has a residency order for our 2 children. A few months ago our daughter decided she wanted to come back living with me which we both agreed on after speaking to authorities also. The issue I have though is he is refusing to cancel his claim for tax credits for her and with 3 other children here I’m finding it difficult to be able to get the essentials for her. She has outgrown most things that she came with. I do work and he doesn’t. He is now saying that if I add her to my claim then he will keep her at his which will mean disruption to her school after she transferred once already.
What can I do?
Boo 25/07/2019 at 4:07 pm
Hi. My nephew currently stays with his nana as she has a residency order. She had a stroke recently & is now saying she is un able to care for him. Is there anyway she can sign his residency over to myself.
Mum 12/06/2019 at 11:09 am
My partner and myself split 5 years ago, he hasn’t seen my daughter in 2 years and refuses to answering anything regarding my daughter who is now 13 and has ASD. I no longer have any details of his whereabouts but recently contacted his mum as my daughters passport is up for renewal, he is now refusing to sign the relevant paperwork! Where do I currently stand on this matter? Thanks
M 03/06/2019 at 9:06 am
Added on from previous message I have had 5 year old since he was 2 and the residency order started February 2017.
M 03/06/2019 at 9:03 am
Hello I have recently split with partner he has 3 children who I have bought up for three years. He is stopping me seeing them. There is a court order in place that states the children live with me and him as there biological mum neglected them. Do I have any rights to see them? The youngest is 5 so had him since 3 he sees me as his mum as knows no different.
youngfatherldn 29/04/2019 at 8:54 am
I am the father of an amazing 4 year old boy who spent his first 2 years with his mother. In those 2 years, mother did everything & anything you wouldn’t want your child to go through - attempted suicide, ran away abroad, drug abuse, domestic violence.. until she was arrested but not charged. They had found drugs hidden under my sons cot, drugs in the apartment, blood everywhere & smashed items etc. due to gang member boyfriend.

In these 2 years, social services noted all of these concerns but were still convinced on giving mum a chance to redeem herself countless times (I’m a young father & I didn’t know my rights). I found this ridiculous & fought for custody of my son since he was born as I knew I could provide a more stable, loving home.

My son has been living with me for 2 years now & mum accepts this but can be spiteful at times. She has been very inconsistent with contact over the two years I’ve had my son (went 6months without contact & decides when she just doesn’t want to turn up), she had supervised contact for a year & a half, & now can only take my son out locally near where I live; she hasn’t contributed at all financially & even asked me for money to take our son out & for cabs back home! I declined. When the situation was flipped & my son was in her care, I paid her weekly into her bank account. I’ve been nothing but amicable, never resorting to any negative behaviour. I’ve been overly accommodating.

I now have a massive work opportunity abroad & im scared to just go for it & do it. I don’t know the legal implications of it. I do know we still have equal parental responsibility because I haven’t been to court. No residency order. I have countless evidence of negligence & ill care from mums part from social services & other bodies. She has an extensive criminal record. Every written document advises my son to live & be with me & that mum isn’t to have him overnight. My worry isn’t applying for a residency order, as I’m certain I’d win that. It’s the visitation part that would hold me down to being in the UK. I’m only saying this as I honestly believe that taking this opportunity, for myself & my son, would be life changing for us & I know for a fact that the lack of contact with his mum (which is already rare anyway) would not have a negative affect on him. This isn’t me trying to take him away from his mum but it’s come to a point where I have to weigh it all out & ive already decided in my head what is best. Any advice or help with what I should do?
Endo 28/04/2019 at 2:52 pm
My granddaughter is 6 and for 1st 2 years her father wasn't interested. He then has been having access but always changes plans on the day and disappointing granddaughter. My daughter told him to go to solicitor to sort out access legally but he hasn't and he not been in touch to see bairn. My daughter is getting her will written up and will be staying I have custody if something happens to her. I have my granddaughter every day plus holidays. I been told I need to apply for residency order? Is that now or after event something happens to my daughter?
Jackp 23/03/2019 at 11:08 pm
Hi just a quick question. If a court has made a residential order for a child in a court order and the court order is not in place no more does that still mean the child has a residential order to stay where they are or does it mean the residential order is not in place aswell.
Thanks
Kilo 19/03/2019 at 9:11 pm
Hi, I hope you can help.
My daughter has lived with me (dad) for a few weeks short of 10 years, under a residency order granted by the court as her mother was going through a troublesome period in her life. My daughters siblings were also removed from mum at the same time. My daughter was 5 when the order was granted and I have done anything and everything possible to ensure they have maintained contact and regular visits including doing the lionshare of the travel to drop her off and pick her up, but she has now stated she wants to return home to Mum - her siblings have also moved back but they are older (21 & 16 respectively)
Whilst it breaks my heart that she wants to move back to her mum's, I dont want to stop it from happening if its what she really wants as I dont want her to be unhappy. Through lots of tears and talking - it is what she wants.
I don't know what I/she/we can and can't do.
Do we have to go to court to have the order overturned ?
I appreciate any help, guidance or advice you can give me
Many thanks
Lozzer 13/03/2019 at 9:57 pm
Hi there. I'm in need of some advice. My partner ex has residency of their daughter and there is a contact order in place as his ex was making contact difficult. They both had PR.
My question is does he need to get consent from his ex to take their child on holiday in the uk? Or to take her away for one night? We are aware we do, if we are going aboard.
Also, can she take her on holiday for a month, if it effect my weekend contact?
Thanks in advance
Chaz 22/02/2019 at 7:20 am
I left my husband in July 2018 after him and his parents were so controlling; I lost family and friends! I’m now living in a two bedroom house which is close to school, and I’m a teacher with a steady income. However, when we tried having the children at shared time the children were moving from house to house every couple of days. Unfortunately, I played into my ex’s hand, and said this is not good enough, for short term they could stay with him in the week and I have them at the weekend! But this is not ok, because when he is at work his parents are bringing up the children and he is not even there! I’m more able to give them a steady life but he is completely refusing and I’m afraid I will lose them! Is going for a residency order my best chance?
Wc 04/02/2019 at 12:36 pm
Hi. I got a residence order for my son 7 years ago after his mother was in a bad place and was no longer able to meet his needs. He is now 11 and went with his mum this weekend and she has now refused to give him back as he has stated he wants to live with her. I called her this morning and she said she was filling out the court forms. I said this was fine but I want my son returned home until we have a court date. She refused and said he didn’t had to come home if he doesn’t want to. Please can you advise where I stand with this
Mum 24/01/2019 at 10:14 pm
My son turned 16 last December and has been living with me for a month now. His father has a residence order and is saying he can't move out. But my son doesn't want to go back as it's more easy for school and his social life with me. His father is saying he has to be 18 to decide. Do I need to apply for a residence order myself as it's in the best interest of my child?? Help please
Sophie 07/01/2019 at 1:08 pm
Hi my children’s father was granted a residency order 2 years ago. I have serious concerns for my children with as far as my child alleging violence impacted on them. I’m scared to go back to court. I am only allowed to have my children if I am single if I am in a relationship he refuses because he loves me still. So I can’t live a normal life for myself. Can I run away to another country. What would happen if I do this?
Sarah 08/10/2018 at 5:56 pm
Hi I wanted some advice please me and my husband have been sperated for 3 years I will be apply for residency for my 2 children. I wanted to know will that affect the child maintence he gives me
Reyna 04/10/2018 at 10:32 pm
My daughter is going to court for a residency order the social services and her ex and his mother are trying to stop her from having any contact with her kids. she has had to stop the kids from going to the grandmothers where there father lives until after the court case because he will not bring them back and has told her she can only see them once a week. There is no court order and it is my daughter that is taking this court not social services. My daughter has a long list of police reports against her ex for all forms of domestic abuse. The social services have ignored everything he has done and coached him every step of the way because his family are high up in the council. The social worker wants to know her solicitors name and she is reluctant to give it to her as we do not trust them does she need to know his name because these people have power influences. Her ex and family have no emotional connection to these kids at all.
LawAndParents Editor 18/09/2018 at 3:25 pm
No, just because a parent has full or majority care of the child does not mean the other parent loses parental responsibility. The other parent will still have a say in important issues such as name changes, moving home/school etc.
Sezy 18/09/2018 at 10:45 am
My 8 year old son lives full time with his father in Yorkshire and I live in my home town of Manchester. He stole him in 2012 and was awarded custody in 2014 because at the time my son was deemed as settled. I tried to argue my case and inform them he was abusive and a drug dealer but no one listened. But now 5 years later he is facing a prison sentence because he was caught selling class a drugs. He doesn’t have a stable home and has jumped from relationship to relationship over the years my son grows a bond with these women and children and then never sees them again. He had a second son who he doesn’t bother to see and has just had his third and broke up with the mother to that child. He doesn’t care how all of this will affect our son but he wants my son to live with his aunty while he is in prison and I want him to return back home to my care. Now I am currently under a supervision order for my youngest son who lives with me but everything is going good for me and this should end may next year I have a stable home I have lived in for 10 years my son has a bedroom and is familiar with this home as it is a second home to him what can I do to prove he would thrive better in my care?
Emma 18/09/2018 at 7:24 am
If one parent is awarded full residency, does that take away the parental rights of the other parent? Can the parent with full residency change the child's name by deed poll if he/she remarries or emigrate without other parents consent
Chris 15/09/2018 at 8:06 am
Hi,I’m married to my partner who got residence order for kids and both kids live with us nearly 4 years now, did this residence order grant me step parent parental Responsibility or do I still need any signed official documents from their birth mother, we haven’t got much contact as been advised not to by solicitor, it will be impossible to get anything to sign from her, thank you.
LawAndParents Editor 12/09/2018 at 10:27 am
If the father doesn't agree he can apply for a prohibited steps order. The judge will look carefully at the circumstances and decide in the best interests of the child (not the parents)
radmc 11/09/2018 at 7:16 am
I have been separated from my daughter’s father for nine years. We have an informal 50/50 care agreement. I want to relocate from London to Northern Ireland. What kind of order do I need to apply for if he doesn’t agree?
Kez 05/09/2018 at 6:55 pm
Separated from the children s father I have a residency order court hearing soon... can i apply for the children passports once I have the order and not put the fathers details down on the forms??
LawAndParents Editor 22/08/2018 at 2:18 pm
You should be able to apply for passports. The Passport officer will tell you whether you need permission/details of the mother etc.
Kim 19/08/2018 at 11:14 am
Hi, i have residential orders on my 2 niece's, one is 13yrs i've had her since she was 2yrs and the other is 7yrs i've had her since she was 12 hours old, my sister has had nothing to do with either child since the youngest was 8mths old and i've no idea who is either childs father, would i be able to apply for passports for them??
Many thanks kim
Joan 28/07/2018 at 2:15 pm
Hi I have a very close bond with my 13yr old Great grandson.He stays with me for long periods off time .The longest being 6 mths.His father has residence order
The child does not want to live with his dad anymore but with me
What can i do as he is so un happy at home.
Hes aware that the care i give him is better than at home.One min the father says he can live me me then the next No hes coming back .Can you five me some advice for my very unhappy Granson
Kit 26/07/2018 at 10:14 am
I have a court order showing my son lives with me (he stays with his father every Tuesday evening and every other weekend), I want to take him abroad next year with my fiancé, his son and our baby but my ex husband is always awkward, do i need to ask my ex permission or do I say we are going on holiday from whatever date to whatever date? As the court order does say I can take him out of the country for up to a month, does that mean even without his consent? Thank you
LawAndParents Editor 24/07/2018 at 3:42 pm
A residency order usually lasts until a child is 16.
Stacey 24/07/2018 at 12:22 pm
Hi a few year ago a residancy order was put in place with my son so his dad couldnt just take him anymore does this still stand as he has my son and is refusing to give him bk
Clay 21/07/2018 at 3:23 pm
I have been maintaining my daughter for 2 and a half years and her mother won't put my name on the birth certificate.... she keeps making excuses.... and saying it's only a bit of paper I have cut the maintenance money down and she is furious that I give her less eventhough she receives the full amount from government benefits for my daughter.... we don't get along hence why we are not together... she even uses our arguments and says that's the reason she doesn't put my name on ... I need help in what to do ....
Sally 12/07/2018 at 9:17 pm
I got married a man from abroad and got pregnant, soon as he got in the UK he changed. he walked out when she was 4 weeks old.
After 5 months he did not return, and when i terminated my spouse sponsor, immigration asked him to leave, unless he is fighting for access for his daughter. So he put in a court order to see he daughter, where the courts have order supervised contacts. however they have affect my daughter as she is forced to be left in a room with her father she has not idea about.
My daughter is 4 now and this has been going on for 4years. Father has now put in a residency order to have his daughter fully, whilst the fact remains he has never had any contact with her.
What is the likely chance of him taking away my daughter, to some where she knows no-one to a completely different region away from her family of 4 years.
what can i do?
LawAndParents Editor 05/07/2018 at 2:32 pm
There are no specific laws relating to this, it's something that should be discussed among the family, possibly with advice from a professional such as a child pyschologist or social worker.
Ljm 02/07/2018 at 1:40 pm
My mother-in-law has her niece due to her mam abandoning her and her dad in prison. She has a residence order and she is allowing her to call her Mammy and her 29yo husband, daddy. Is this allowed? She also has a sister which is with her nana and she is getting confused as to why she is calling their aunty, Mammy. Need some advice please. Thanks.
Shelly 25/06/2018 at 10:37 pm
I have had a residency order for my grandson for 12 years his father is now saying he is going to take me to court for custody, as his 13 year old son has been getting into some trouble at school and is now saying that I'm unfit to look after him would I have to pay for a solicitor too,
LawAndParents Editor 22/06/2018 at 3:11 pm
If a court order is in place you will have to go back to the courts to get this changed/amended, especially if the other parent does not consent to the change.
Del 21/06/2018 at 9:22 pm
My ex has a court order for full residence .
My child is now 13 years old and wants to come back home and live with me and her other siblings !
Will i have to go back to court to make this happen or my daughter just refused to go back even if he rings the police to come get her ?
Sherlock 19/06/2018 at 8:20 pm
I have a residency order and parental control of my 4 kids from 2013. Me and my wife got back together in 2014. We have recently split up (2018) and is not letting me see my children. What can I legally do without going through the courts again and if I was to pick them up from school and take them, could she just pick them up from school at any time? I've got my young children crying down the phone wanting to see me and she just say no. Thanks for your help.
Bex78 04/05/2018 at 7:57 am
My partners son has lived with us for 3 months due to moms drinking and domestic violence social services are involved and have arranged supervised visits for mom can we get a residence order as mom keeps threatening to take him back to Live with her
Livvy 01/05/2018 at 10:31 am
After I split up with my ex our soon lived with me. A year and a half later he's threatening to not bring our son back home saying he has the same rights and want him to live at his.
Even though we agreed I will be the full time parent, can I still apply for residential order?
Jon (piggy in the mi 22/04/2018 at 9:00 pm
My daughter was born in 2001 and my ex(mother) and I were not married. My ex and I ended up in court in 2013 to settle my parental responsibility as she would not agree. She tried to counter my application with a move to double barrel my daughters surname which was overruled. At this time it was agreed that the residence would be with her mother. There is no mention on the Court paperwork of this being agreed or any time schedule.
At present my daughter has become a terrible teen. Argumentative, lying, abusive, and very deceiving, as her mother says. Every time this happens I am brought into it as a pinball go-between. One says this, the other says that etc. Any advice or intervention I try to help with is returned by my ex as "your just a part time father", even though I call my daughter every week, see her every fortnight, and have always paid my dues
It has now come to the Final Straw, as my ex said. She's not welcome here anymore, as far as I'm concerned she's dead to me."
I no longer live in the area so if she has to live with me then her schooling would be severely disrupted as she would have to change schools. It is clearly in my daughters best interests to remain with her mother at least till her schooling finishes.
Can she legally kick her out?
Or is this child neglect?
Where does this put both my ex and me legally with the residence order?

Thank you for your time.
Sam 21/04/2018 at 1:02 pm
I have had a contact order for the last 15 months for my children which stated contacts be built up to staying contact. After 18 months of consistent contact my ex is still not facilitating this infact hindering at every opportunity with more allegations. I have applied to vary the order to get defined access which would include staying contact. The court order has been breached be 4 times and contact stopped since i put in the application to vary with ex resisting and putting in more allegations. I want to know if i should be applying for a change of residence as the kids do want to stay with me and there are no safeguarding issues. My traveling time has been 5 hours which is the same amount i have been seeing the kids. I cannot continue with this and the fact contacts havent progressed are affecting the childrens emotional wellbeing. How long can she keep doing this. It has been nearly 2 years since my inital application. The case is being heard by lay magistrates again
LawAndParents Editor 11/04/2018 at 11:42 am
If the children do not want contact with their father, tell him so. If he is determined, he might apply to the courts for contact and you will be able to give your opinion there.
LawAndParents Editor 11/04/2018 at 10:43 am
An address does not have to be provided. Most parents will usually give one just to make the other parent feel more comfortable but they are not obliged to do so. A contact number in case of emergencies is all that is really needed.
V 10/04/2018 at 2:24 pm
My son is 11.There is NO court order.
his father has not been in contact for 9 years (no birthday or Christmas Card)
My son wanted to change his surname to the same as mine and his sister (who's was done by deed poll when she was 14 ( born before the law changed)
so after £400 of solicitors fees we tracked him down and got his consent to the name change.

His father is now saying he wants contact with him and my son son dose not wish to see him.
He is now having nightmares about his dad. taking him away. where do i stand

MY 14 year old daughter has said she will kill herself if i make her see him (she remembers what he was like)
Worriedmum 08/04/2018 at 6:06 pm
I have a residency order due to my ex not returning my daughter on previous occcasions. He has now moved address and is unwilling to provide me with the new address where my daughter will be staying. Does he have a right to do this as I wont have a clue where she is if he refuses to return her.
Paul phillips 29/03/2018 at 1:54 pm
Can my ex girlfriend take my son from england to northern Ireland without my permission
LawAndParents Editor 21/03/2018 at 3:34 pm
Parental responsibility ends at age of 18 unless your residence order states otherwise.
MM 20/03/2018 at 11:47 am
Daughter aged nearly 16 wishes to change her surname by deedpoll once she turns 16. Residency order in place but estranged from father (he pays monthly but choses not to see her). Does residency order end at 16?
lochross 14/03/2018 at 7:25 pm
hello their.i need advice for i live in france and need help for getting french citizenship.i was adopted in 1973 Under one name my mother later divorced later and remarried Under my name now.the french authorities want a official certificate with my adoption date Under first name and want a official paper with my new famially name and the date .is it automatically my name changed Under british law and if so can such a paper be provided to the french authorities.and if its not the case how can i find out how my name was changed with the date.
LawAndParents Editor 06/03/2018 at 3:38 pm
A residency order will usually last until a child is 16 or 18. There is nothing to prevent the father from applying to court to have the residency order overturned, but the judge will look at all the circumstances and make a decision in your son's best interests.
LawAndParents Editor 06/03/2018 at 12:42 pm
You can apply for a residence order to give some security. Ask Citizens' Advice or social services for help with this.
Shez31 05/03/2018 at 4:42 pm
I won residency in 2013 on my son as his dad took him for few days in 2012 and didnt return him, as I was going through the courts for residency my ex domestically assulted me and police and ss where involved. I won residency and ss where concerned about my boy and his dad contact. Ss wanted supervised contact in contact center but I managed to change their mind and his dad have supervised contact with some one I trust outside contact center. Any how he tried using my child as a weapon and tried getting back into a relationship again, and had a view domestic assaults on me where I contacted police everytime. My ex moved away after I passed out after he hit me in front of my boy. I didnt report this as I just got ss out my life. My son asked a few times about his dad and over the course 8 month there was no contact between the two of them. After 8 month his dad returned and over time the gradually have a relationship, but also he was using my son to get to me. A few times he tried to get back with me and because I was in a new relationship he tried to harm my partner in front my son which I had to report to police. He has phoned ss on me 3 times making allegations about my mental health and physical health, alcohol and supposedly drug abuse, and phoned police 2 times at a weekend to do night time welfare check. Even considering all this since Christmas 2016 my ex has had his boy every weekend near enough. So when my boy was at his dads on weekend's I would go out on a night out and relax. Well beginning of February he took my son off me because apparently im an acoholic and cant look after my son and he has applied for court order and pso order.
I havent heard anything from ss in meantime.
I am wondering does my residency order from 2013 is still valid?
If so could I just collect my son from school or could police get involved ?.....
I tried to get information and advice from solicitor who I had in 2013. He dont think I will get legal aid. Please help ??
Lee 05/03/2018 at 10:58 am
I have a residency order from 2012/2013 is this still valid? My son who is 8 year's old doesnt see his dad and doesn't want to ever again but I'm worried that his dad will take me to court and force him too. My son has horrible memories over him
Nevada 04/03/2018 at 10:11 am
Our granddaughter who's 4 has lived with us since birth and my daughter walked out a week ago . I'm getting just bully text messages saying she's not coming back. How does that leave us. What rights do we have as grandparents and I'm afraid ss will take her away from her loving home. Our daughter recently met some guy who's promised her the world by the sounds of it! But she doesn't need to just drop her child. She can still see her. I know she loves her so much but she's not thinking right.

I need help. I want our grandauhter to stay safe with us. There are no reasons I can think of that she's gone.
LawAndParents Editor 27/02/2018 at 3:28 pm
Yes you can apply to the courts. They will look at all the circumstances and make a decision based on the interests of your son.
Bayley88 26/02/2018 at 10:44 am
Hi I need advice my ex got a residence order 4 years ago for our son as I was I’ll anyway my son visiting regularly and is dirty under fed and smelly social services are now involved but I was wondering can I apply to court to have residence order overturned my son 9 now gets upset wen has to be returned to dad and begs to live with me where do I stand? Thank you
LawAndParents Editor 16/02/2018 at 3:26 pm
There are no specific laws/guidelines as to time, but if you feel your children would benefit from spending more time with you, their father, you could try mediation to come up with a formal agreement with your ex. If that fails, you can apply to court for a child arrangements order using form C100.
Ger 14/02/2018 at 8:10 pm
I am a father of two.boy aged two and a girl aged 6.my ex and I were never married an she has a two bedroom flat a d I have a studio flat which i rent threw the council over the past years since thr birth of our 1st .u was always there near enough every day.
But 10 years later on our relationship went wrong .since this she is dictator g yo me ad and when I can see the kids.
I just want to see my children every week for a reasonable time .I don't know where I stand legally with thus situation but feel I have to do whatever she says .
I work mon to Fri and have weekend available.
And also willing to take my kids I full time or anything like this .l just want fair time with my children.
Can you advise me in what time i should b getting with my children .
Thanks...
LawAndParents Editor 05/02/2018 at 11:40 am
It's definitely worth considering something like a Special Guardianship Order. Talk again to social services, they will be able to help you with this.
Candy 02/02/2018 at 2:16 pm
Iv had my 21mth grandson since he 10 days old?i basically walked in and walked out with him n told his parents wen they cum off the weed I’ll help work him back into their home?if anything theyv gone worse?gransfson had 2 hosp overstays recently?one was CROUP the second his tubes leading to his lungs wer blocked so both realy serious illness?they turned up stoned first time/stayed an hour/went out 4 times in that hour?held her very limp son for less than a minute n handed bk to me his nanna?social services were called although didn’t visit?i explained why I’d taken him n they feted me any help I need if want go for full access or joint?i said I need consider my son whose baby dad n will get n touch later date? Second hosp stay neither turned up in fact I was his sole visitor although I never left his side for s second day/night?dince been bk home they visit for 20 mins n cudnt wait to get out to get stoned?they claim all monies for him I hav my monthly universal credit of £190 but I do get help a lot from my mum as well? I’m honestly stuck as to wot do I do now although I hav 100% bk up from s/s but doctor in hosp told me to protect my grandson I must go ahead n get sum legal rights as mum cud just walk in n take him although I’m not a violent person she wud bring it out of me if she tried taking him in the situation but she don’t even ring anymore asking how he is? She just doesn’t want him just wot she can get off the bk of him?please help?
Red 28/12/2017 at 7:01 pm
continued

She also has an ongoing nit issue, I treat it when she comes to me but this weekend I took her home and asked for him to do it again, he said he can’t, it makes no difference and it will have to wait till she comes back to me in two weeks. She is staying up until 2am on her phone as dad goes to bed early and sleeps in a room downstairs.
My daughter needs stability and care and love as well as consistency and boundaries. I lost her at a time when I was ill and going through a breakdown. Is there anything I can do to change this?
Red 28/12/2017 at 6:53 pm
My husband and I separated and our daughter lived with me without issue. However we got into a situation where he had met someone but also couldn’t decide if he wanted to make it work between us. He told a lot of lies and because I adored him I believed him, he went backwards and forwards with myself and this other woman, on an almost weekly basis, each time begging forgiveness and promising the earth. I should add that several years before my (not his) daughter passed away aged 13, and then in 2015 I was diagnosed with cancer. My husband and I also had a difficult marriage as he has Aspergers and struggles with certain situations. Anyway, the longer this went on the worse my mental health suffered, he was aware of this and I pleaded with him to leave me be but still he came back and left. The final straw came after a week where he changed his mind for 5 consecutive days. I ended up taking an overdose on being discharged I was put into his care at his request and he was abusive and again left the following day. I ended up in hospital again and he filed for residency. I was too low to fight and just signed away my rights.
He left me alone for the next month and then it all started again, he got me to agree to a divorce and said there was no children of the marriage or property and said we would marry again and this time it would be a fresh start. I lost all claim on the marital home and no provision was made regarding our daughter. For the next few months We went away together a dozen times throughout the year, and still he would go back and forth from me to this other woman unable to make his mind up because he said he felt guilty. All of the time my daughter who is 11 was subject to this and it has had a damaging effect on her. Finally I left the area but he used my daughters phone to make contact and beg me to return. I did and this emotional abuse continued as soon as I came back, finally I snapped again and my mental health broke down and I was admitted for a third overdose. I have since left the area and through counselling, medication and family support I am managing to get stronger and better. However I want my daughter back, although she wants to live with her father I don’t think it is the best for her, she has emotional issues that have been made worse, I understand and take responsibility for what I did, that was unforgivable, but she also witnessed daddy with mummy, then not, then with, then not. She was asked to lie about spending time with the other woman, her eating is a serious cause for concern and her mealtime has become a battle ground where food has been thrown up against the wall, her weight is desperately low and the other female has advised her father to fill her up on chocolate. Eating was not an issue when she lived with me. She also has an ongoing nit issue, I treat it when she comes to me but this weekend I took her home and asked for him to do it again, he said he can’t, it makes no difference and it will have to w
Worried 18/12/2017 at 9:53 am
I was attacked by my expartner the case is going to crown court It was infront of my young child and was a very nasty attack. He is not mentally stable. Should I file for a child residentcy order straight away if social services have assessed him as a risk? Thank you
LawAndParents Editor 08/12/2017 at 10:44 am
Your child has rights to contact with both parents. While you could simply go and "get your son" - you need to consider what would be in his best interests and also that his father may simply do the same again...which can't be good for your child, as all children need some stability and routine. It would be better to wait and see what the courts decide really.
Irishfox 07/12/2017 at 12:18 am
I was born in Northern Ireland but I lived in Scotland for 11years and me and my son moved to Northern Ireland in August last year were as my sons father remeand in Scotland, my son had been going back and forth on holidays to see his father but this August he went over to Scotland and was meant to return a week before 1st September but I was then informed by my sons father via text message that I was not getting my son back. He is fighting for a residents order but but my solicitor has also made me aware that I still have parental rights and that I could go over to Scotland and get my son but I’m not to sure of my rights in Scotland and it’s still an on going case at the moment and nothing has been set in stone legally as of yet, I would be greatful for any advice please.
LawAndParents Editor 04/12/2017 at 3:45 pm
The judge will normally give details of when/how any arrangements should be put in place. If you do not want contact with the father, make this clear to the judge who will specify an alternative arrangement.
Worriedmum 04/12/2017 at 12:08 pm
Hello,

I have a final hearing on Thursday. basic outline - split wit my ex in November last year, went to work in January to come home to an empty house - he'd taken my then 2 year old daughter to where he is from (2 hours away). I got her back in march and 2 weeks later he put in an emergency order. She was removed from my house by Police and his Mum ( no social workers involved) She has been there since April and I have been able to have her at my home every fortnight for 2 nights since August. His order is based on lies ( I'm an alcoholic apparently, and abusive etc.. ( I have proof against everything he has lied about) Anyway, 4 court hearing later and its our final one on Thursday. ( please note, I have my 9 year old and 14 year old with me still, after all checks have been done, Section 37 says no risk with me etc) Anyway, I have a barrister ( I believe he does too) I want to know, if the judge makes the order for her to return home, is it immediate? And how is it done, as I would have to go collect her - his family are not the nicest approachable people on the planet!!) The judge has had quite a few words to say to him over the hearings and questioned a lot - but not to me. I am a normal working Mum of 4 ( I have a 17 year old who lives away)
LawAndParents Editor 28/11/2017 at 2:15 pm
You can adopt a child up to the age of 18, is that an option for you? A Special Guardianship order is also an option. A solicitor or family support worker (ask you local authority) might be able to give you some advice.
LawAndParents Editor 27/11/2017 at 2:26 pm
Both orders are quite similar in the case of a grandparent looking after a grandchild. The main difference between the two is that in the case of a residence order, one or both of the parents with parental responsibility can applied to have the order revoked etc. A special guardianship order might give you and the grandchild more long term security.
Hollis 27/11/2017 at 11:42 am
Our nephew has been living with us for the last 10 years after his mum died and his dad was completely unable to cope. The court gave us a residence order with shared parental responsibility. In the meantime his dad has also died. No formal arrangements were ever made for us to be guardians. As my nephew is now 17 and the residence order expired when he became 16, who is actually responsible for making day to day decisions and give consent for things that a parent would normally do? The best I can see is that we are kinship carers now rather than having any parental responsibility.
Curlytop 23/11/2017 at 7:02 pm
I am back in court Monday for 2nd hearing for child arrangement order. Cafcass have done their safeguarding review, it seems they are questioning why I haven't asked to be sgo for the grandchildren, firstly it was social care who advised to go for residence order and secondly, what is the difference ??? I am getting alittle nervous now as court date approaches, the order is uncontested as both parents although not together, agree boys should stay with us, any advice please ??
LawAndParents Editor 20/11/2017 at 3:48 pm
The father could of course, apply to the courts for contact. A judge would usually look at all the circumstances and take the older children's views into consideration before reaching a decision.
Michelle 19/11/2017 at 10:13 pm
My Ex husband of nearly 4years who resides in Scotland has had no contact either phone or visitation for almost 4years with his 3 children. They are 14,12 and 8 all of them are worried that one day the courts are going to make them see their dad, could this actually happen ?
LawAndParents Editor 10/11/2017 at 3:10 pm
If the ex is complying with the order, there's not much that you can do. If you feel your child would benefit from a change in the arrangements, speak to the father, let him know how much it's affecting your son's behaviour and see if you can agree to alter the arrangements.
Lish 10/11/2017 at 7:43 am
My ex husband married me so he could come into the country I only found out after a year of him being in the UK there was also emotional and verbal abuse since I got pregnant with our child and after so I finally decided to ask him to leave our family home which he did he then turned up at my daughter's nursery without my concent then took me to lawyers cause he want our then 18month old daughter to spend alternate weekend with him which I refused due to her age and she's never spent a night away from me which he is aware of so we went to court I have live with order and there is a prohibited steps order in place for him and now he has contact via a contact centre. And he has been offered 2 sessions of community contact for 3hrs starting January via contact centre. What I want to know now is that will any judge Grant his request of over night stay? Am seriously worried of what he might do to her just to get back at me cause he blames her for our separation he has made that comment to me that it because I have her that's why I don't want him and he's told other people that i give her too much attention am seriously worried.
Unhappy 08/11/2017 at 8:15 pm
My ex changed pick up and drop off to suit his work comittments. He use to pick up and drop off from my home, now it’s the School as per Order. Our 6 year old is now unsettled at school and cries. Ex drops him off at supplementary School on his Sunday’s. Our son is ill and has missed School. I need help as he cries and then refuses to go to school. Social services not interested. I need help please.
tasha 30/10/2017 at 10:05 am
My sons father has a residency order. My son is 9 and stays with me 3-4 nights a week although residency order states only 3. My sons father is fine with this until something comes up which he doesn't like. Usually this is something I question him about. My son will come to my house and tell me his dads wife has put him in his room for full days, her 15 year old daughter has been telling him about periods and blow jobs. So obviously I have questioned this. My son informs me regular that he doesn't want to stay at dad anymore however I feel powerless. My son wasn't taken away from me I let him go to his dads at 18 months old as I was suffering from post natal depression and couldn't cope. I provide for my son take him to his medical appointments take him on family holidays have joined him at football club and swimming lessons all paid for by myself. However when I mention to dad that he doesn't want to live with him he says I only want him so I can claim benefits which is not the case I provide for him as if he is living with me out of my own pocket I do not claim benefits and work full time. When things are okay, my son stays as long as he wishes. When it suits dad we then revert back to the residency order. I want my sons voice to be heard he feels bullied at dads and I feel powerless for him. Any advice please
Played 25/10/2017 at 7:18 am
My ex has a residence order and stopped me seeing my children when ever it suited
I haven't been able to see my children in 3 years and they have turned my children against me and made them believe it was me not wanting to see them and not because they stopped me
My children don't want anything to do with me and I don't know the best way forward
LawAndParents Editor 24/10/2017 at 11:40 am
It depends on the terms of the Child Protection plan. If the plan includes monitoring their time with you etc, then it's unlikely it will be lifted until the end date. Have a word with the social worker to see what he/she thinks.
Curlytop 21/10/2017 at 6:02 pm
My 2 grandchildren have lived with me for 3 months having been put on a child protection plan in August, I am in court Monday to get a residence order, with this (hopefully) in place, can I get the CPP removed as review not due until April 2018 ??
LawAndParents Editor 04/10/2017 at 3:22 pm
You have to come to some agreement between you. If you can't, you may have to consider a mediation service followed by the courts.
Azz25 04/10/2017 at 3:15 pm
My son who is 3 has been living with me for past 6 months, as it hasn't been convenient for his mum now it is convenient for her can she just keep him or as he's been living with me can I keep him with me ?
NewStarter 09/09/2017 at 8:54 pm
My husband left a year ago and because of his awful behaviour only one of three girls is having contact with him. In June he put proposals in an email to see her every other weekend and once a week for dinner. I left it to see if he would see it through and unsurprisingly he didn't and last week she came home from a random visit to him saying they've agreed that she'll live with him 50/50. I sent him an email quoting his June proposals and he keeps saying that he will discuss it with my daughter. How can he bypass and undermine me so? I just keep answering 'we'll stick with your proposals of .. June" Any contact with him is devaluing, manipulative and infuriating. I just don't know where to go.
LawAndParents Editor 04/09/2017 at 10:49 am
Residence orders usually last until a child is 16. You may need to contact the courts to make changes. If your son's father is in agreement, this should be relatively straightforward.
Debs 28/08/2017 at 7:20 pm
My ex husband got residancy on my son when he was 8 he was with his new partner at the time. My ex dumped him back with me when he was 10 and lived with me until last year when at 13 his dad snatched him back he is now back with me after his dad punched him and threw him across the room. Where do I stand and is the residancy order still valid
Making 26/08/2017 at 10:41 pm
My daughter has been with her dad for the past18 months. There was a self-admission to hospital for mental health, around December 2015 -- the Christmas period. There were no direct authorizations from social services.

My daughter started a school in his local area due to hospitalization on my part.

Mediation was initiated by my daughter's dad and it was agreed that he was happy for my daughter to return home once certain conditions were met and a school placement became available.

He has now taken the matter to court and has stated that my daughter is happy where she is and it's within her best interest to continue school in his area -- 120 miles away from my home address.

Any advice for court? I am representing myself in court and he has a solicitor/lawyer, etc. He's claiming that he doesn't deem it suitable for my daughter to return with my history on mental health.

I needed hospital, now my daughter may be set to stay with him...
Shelby 26/08/2017 at 4:54 pm
Hi my partner's daughter was sent to live with her grandad with a residency order the mother's barely involved and my partner still has rights since then the grandad has passed and the mother sent her to another relative she now want to send her away so my partner cannot have access what rights does he have to say no or to bring her to live with us does the residency order still stand and can my partner legally keep his daughter to stay with us.
LawAndParents Editor 23/08/2017 at 1:55 pm
Ask your family support worker/social services for advice to start with. If your father is not willing to allow you overnight contact and mediation etc doesn't help, you may have to consider court action.
Tonii Ann 22/08/2017 at 2:51 am
In 2010 my dad was granted a residency order for my son, who at the time only being 16 myself was a lot to cope with,, anyway I'm now 23, got another little boy who's 3 that lives with me, everything great there's no1 involved, but my sons now turning 7 and has never been a loud to stop at mine or even come to my house, my dad picks when I can an can't see my son, witch is about once every 2 weeks. I'm really wanting my son to live with me or to just stop a night at the weekend for now, I just want my son back and don't no where to turn Also a single mom.
Chris..sfc 13/08/2017 at 10:35 pm
I have residency of my son who lives with me he still has contact with his mother ..every other weekend but she is getting him to lie about me and telling him all sorts of lies am I with in my rights to stop contact?.
LawAndParents Editor 10/08/2017 at 11:16 am
Here is the government information on how to apply for divorce from someone whose whereabouts is unknown. To get permission to take a child abroad if you haven’t got permission from the other people with parental responsibility, you will need to apply to the courts.
Mania 09/08/2017 at 6:40 am
Hi my husband left me and my children in 2004 I know want to apply for a divorce as there is no contact and we dont know his whereabouts what do I do ? Also he has only seen my son once in his all life , however without a recident order I cant get a passport for my son . And he is nowhere to be find to attened meditation . What Im I suppose to do
LawAndParents Editor 07/08/2017 at 9:46 am
Your ex cannot prevent you from taking your child on holiday without applying to the courts for a prohibitive steps order from the courts.
Annon 03/08/2017 at 12:18 am
I have booked a holiday it has been payed off now my ex is saying she is not willing for my son to come with me out of the country i have an interim residency order for 2 months where he is to live with me as her parenting is being called in to question due to her exposeing the children to a violent partner can she stop me takeing him away? Its only 7 days and i have recipts of the full holliday
LawAndParents Editor 02/08/2017 at 12:16 pm
You may need to get help from the courts with this. Usually social services will be able to advise on suitable contact etc.
LawAndParents Editor 31/07/2017 at 11:37 am
Your son should write to/email his ex, with details of his concerns and a proposal to resolve the issue (be sure to keep a copy of the letter/email). Unfortunately if all his attempts to negotiate with the other parent fail, he may be reduced to returning to court for action because of breach of the court order. The courts can impose a community service order, fine the mother, impose a short prison sentence (they very rarely do this) etc.
Molly 30/07/2017 at 2:31 pm
My daughter lives with my sister as she has a residence order til she is 18 cuz of my drinking. Ive been arrested for criminal damage to my parents house so my sister has now cut contact completely. What are my rights? As nothing was set at court about me seeing her it was down to my sisters discretion. I'm trying to get a family support worker but my little girl will want and need me and my sister is wrong to cut complete contact. Please help I'm desperate.
Joao 27/07/2017 at 4:11 pm
Vicky, you don't say how old your child is, nor how long ago the current arrangement started, but perhaps she might be feeling separation anxiety ?

Perhaps try a different arrangement, instead of dropping her off at her father's, have the father come over and pick her up, or take her to a neutral place (like a park) and see if that helps ?

Hope that helps.
Liz 27/07/2017 at 2:20 pm
Hi my son has been to court 3 times as mother keeps stopping him having his son last court hearing 25 july 2017 the court said my son could have him every other weekend and every other monday 3 weeks holiday a year its now the 27th two days after hearing and she says no he ccant
Vicky 16/07/2017 at 1:02 pm
Hi for the past couple off weeks my daughter won't stay at her dad's on weekends she cryed and shakes when I meet him to drop her off and he's blaming me for it there has been a court order that he has her every 2 weeks but she's refusing to go and he wants to take it back to court and saying it's my fault I've tryed my best to incorrage her and talk about what she's going to do with daddy but she's just not wanting to go with him is there anyone that can talk to her to see why with out me and her dad there
LawAndParents Editor 06/07/2017 at 11:51 am
It's most likely that the courts will decide your daughter should live with you for the duration of the prison centre. The court form to use C100
Ash 05/07/2017 at 4:38 pm
Hi I have a question, my daughter is 9 and she lives with her father he has residency order, he could be facing a lengthy prison sentence next month what happens to the residancey order when he is inside? If I was to have my child at my home would I be able to even if some one in his family didn't agree? I'm so confused, I have parental responsibility I also have 2 other children living with me
LawAndParents Editor 05/07/2017 at 12:26 pm
Yes it might be worth applying for an alteration in the existing child arrangements order. Social services should be able to advise on what they might recommend in the future. You will also need to consider his feelings on this, as his circumstances are already complicated.
Kalin 04/07/2017 at 10:53 pm
I also have a residency query. There is a residency order in place where my son (11 years old) stays with his mum the majority of the time. Last week the school found marks on his arms and he's been staying with me ever since. The social services are involved but with the school year ending I'm not sure if I should try and secure a place at a school nearer me for the start of September? Would this be me breaching the residency order?
Pat 04/07/2017 at 9:09 pm
Hi my son as had he's daughter in he's life for 10yrs she now 11 he split with the mother before she was born but always been there and always had weekends but now she married she stopped access she hates me the court granted access but she keeps stopping it my son as to pay 250 pounds to keep going back to crt he's out of work now what help can we get my granddaughter is so upset she as always wanted to live with us please help us many thanks
LawAndParents Editor 27/06/2017 at 2:16 pm
Make a note of all the times you've asked for contact and been refused - these are all occasions on which your ex has breached the shared residence order. You can then take it back to court for an enforcement order.
LawAndParents Editor 27/06/2017 at 2:04 pm
Speak to your support worker at social services, to get individual help with this if your parents are now sticking with any contact agreement. You also try contacting Family Lives
Jem 26/06/2017 at 8:06 am
My little boy is 5 and my parents were granted residency 2 years ago. My mum said it would be better this way as I will see him more, and but in actual fact I had more contact when social services were involved. I only get to see my son for two hours a month, she also doesn't fill my me in on his school work meeting being attended for his adhd, which she said I would be. Its been two years now and nothing has changed I done every thing asked of me before court and as I didn't have suitable accommodation I was decilined. What rights do I have to see my son more or be more involved?
LawAndParents Editor 22/06/2017 at 11:23 am
Parental responsibility lasts until the age of 18 so the father's consent may be needed before then. If it went to court however, at 16, your daughter's views would probably be considered.
Lina65 20/06/2017 at 1:40 am
I have family court order stating that my daughter shall live with the mother ..this has been in place for 3 years . Shes now 11 , nearly 12.. when she is 16 we want to move abroad as im setting up business there and we go over twice a year on holiday/business ...she really wants to ho now but my ex hubby wont allow it..once she is 16 can he stop us ?
Lou 14/06/2017 at 7:50 pm
Hi there I have a question a friend of mines partner walked out taking there two children with him (he is on birth certificate) she hasn't given permission and police and social services r not going to do anything due to being in the certificate.... She needs to no how to go about getting a residency order to get back her children she has 3 others at home (not his) there us no reason to not have the children at home with her other than the father refusing to bring them home has even left the town with them... She is desperate can anyone help me to help her plz she is in bits
LawAndParents Editor 13/06/2017 at 11:51 am
The courts will assess all aspects of your children's lives. They may ask for a CAFCASS family report, to look into the relationships between the siblings and also with each of you, as parents. We can't really tell you what the courts will decide though.
Buddy14 10/06/2017 at 1:56 pm
I have a question tegarding residence. I am a mother who temporarily sent 2 of my 3 children to live with their father when my oldest son was very unwell mentally amd was a safety risk to my younger children. Since then my son has my made huge progress and is currently now medicated and doing well in all areas of his life with minimal disruptions to his in regards to his mental health and has built a good reletuonship to his 2 younger half siblings. My partner now refuses to compromise and I want my children to return home and due to reletionship break livong back together is looking like a far distant memory. What I want to know is aftee communication break down and lack of conpromise and stopping contact as and when he feels like it, what will a court look at if I apply for a shared residency order. Hes a good dad but cant always act in the best interests of our children, and I want to split the residence 50/50 as both children need to have their dad in their life. So my question is ehat will they look at and whats the likely hood this will be granted.Many thabks in advance
Brooke 07/06/2017 at 8:41 pm
I have a residence order of my 9 year old granddaughter which I have had for 7 years the mother refuses to allow the child to return to me what do I do
Jayce 01/06/2017 at 9:04 am
At what age does a resident order finish. My grandson who is almost 16 has lived with his step grandmother since he was 9. They lied at court about my daughter and brainwashed my grandson from an early age. My daughter would have loved to go back to court to fight for her son but can't afford too as you can't get legal aid now. His grandmother has full control over him, my daughter phones him 3 times a week, can visit once a month but only for two hours in the grandmothers house with the grandmother present. Her son sounds so unhappy but she doesn't know what to do.
Ae75 11/05/2017 at 10:27 pm
My 13yr old daughter has resided with her father for the past 5years (he has a residency order). She desperately wants to come home and over the past few months been subject to being called 'emo' amongst other things from both the ex and his partner along with being taunted at school. This is affecting her self esteem massively, to the point where she says she hates herself and her life. She wants to come home and live with me. Since she went to live with her dad I have collected her every fortnight for the weekend and half of any holidays. There is a complete break down of communication between myself and my ex and when I attempt to talk I either get ignored or given verbal abuse so he is completely unapproachable. What would be the best way of tackling the issue to get her home?
LawAndParents Editor 10/05/2017 at 1:45 pm
If the courts have imposed the initial residence order, make sure an alternative order is not needed, a solicitor will advise. It may be a simple case of drawing up an agreement between both parents, then registering his son with local schools, doctors etc.
Gem 09/05/2017 at 3:06 pm
Need urgent advice on behalf of my partner, his ex has a residence order on his children that they live with her full time and he gets them in the schools holidays but his son wants to live with his dad full time as he is really unhappy living far away from his dad. My partners ex has agreed that he can live with my partner full time but we are now unsure what we have to do to get his son taken out his moms name and put into my partners. Can you help please?
LawAndParents Editor 03/05/2017 at 2:37 pm
Which party moved away from the other (geographically)?
nanny 03/05/2017 at 1:04 pm
My son now has residency of his son, aged 21 months, in London. His ex partner, the mother of his son, lives in Scotland. She does not work, and is claiming benefits. Can she claim the cost of travel from Scotland to London to see her son.
Dave B 27/04/2017 at 6:04 pm
I say partner because we are not married. Would the step parent form still be applicable?

Also, your link leads to a document about foxes :-)
LawAndParents Editor 26/04/2017 at 1:53 pm
You can apply to the courts to be an additonal person with parental responsibility using the step parent parental responsibility form here
Dave B 25/04/2017 at 12:02 pm
My partner has been separated from the father of their 2 children for 5 years now. For the last 3-4 years both mother and children have lived with me, but I currently have no official parental responsibility, etc. We have an amicable relationship with their father. Would a residency order be the correct order to apply for to get equal parental responsibility for the children without removal of the fathers parental rights? Thanks
AM 21/04/2017 at 10:56 pm
My partner and I have contact with his daughter on weekends and have overnight access due to court order. And he is on BC. We have had concerns about violence in the household for a few weeks and this weekend his daughter confirmed it in general unrelated convo we didn't question her as She is only 4 but now we don't know wether it's safe to send her home? Can we keep her here. Would we need to apply for a recidentcy order? Is there a good chance it would be approved.
LawAndParents Editor 19/04/2017 at 11:47 am
Do you not still have parental responsibility? Are you supposed to avoid contact with the child by order of the courts? Ask Citizens' Advice how you can apply to the courts for specific contact time with your daughter.
jodieandrews 16/04/2017 at 7:01 pm
My mum got a residence order for my daughter but she hasn't let me see her since what can I do to get contact with my daughter she won't even let me see her for her third birthday I'm so broken without my baby
jkones 14/04/2017 at 12:53 pm
i have A non moleatatipn order.on husband. we want to get back togwther as i have had a complete.mental breakdown and neex hia suppport. u.der the circimstamves qould thw court over.turn thw non molwsrarion orser ao he can come and bwlp me look after or daughteg
loz 08/04/2017 at 9:31 pm
my ex partners mother who has residencence order on my daughter who is 13 now and she wants to have contact with me , and grandparents wont allow her to see me at all but let's her dad what can i do there isn't no social services involved and I have a 6 year old and 3 year at home with me now and denying me contact can i refuse to hand her back when she comes visiting I still have PR
H 04/04/2017 at 5:06 pm
My ex husband is taking me to court because he wants week about shared residency of our 5 children. I am really distraut about the whole situation as I cannot afford a solicitor as I don't work so have no money coming in but I am still a partner in our 2 family businesses so I am not entitled to legal aid. I have been a stay at home mum for 20 years as we also have 5 older children as well. When we seperated I was the one that was forced to leave so the children stayed with their dad but I was back there every day to look after them..time went on n he began to struggle with everything so we tried shared residency but over the following 6 months things got a lot lot worse so in the end the children came to live with me permanently only seeing there dad every other weekend..I have never stopped him seeing his children but this is what he chose to stick to. Now he wants shared residency n I am really worried that he may get...any advice would be muchly appreciated.
sophie 06/03/2017 at 10:47 am
My daughters dad didn't return her in November when he has contact and I have had to go through the courts to her brother who is 6 lives with me as well and I have residents of. I am wondering will the court give her me back or will dad get resident now ?
#heartbreak 05/03/2017 at 10:06 pm
Help.... i have a residency order for my 3 children... however in september my ex partner who is NOT my eldest sons biological father let my son move in with him against my wishes and then comstamtly harrassed me (domestic violence is on his criminal record) to sign over all benifits or have me done for fraud, i stupidly did so as i was concerned for my son due to him haveing disabilty and needing that money to be supported. Im now in the prosscess of going back to court to have an enfocement order put in place to get my son returned to me. Can my ex be arrested for claiming benifits for a child not his while in breech of an order saying that child lives with me? The police cant help as he is claiming benifits and my son has said he wants to live there even though i dont feel its safe or right. Please advise. Confused and heartbroken.
LawAndParents Editor 02/03/2017 at 2:00 pm
You would need to speak with the social workers/care team involved and perhaps consider a guardianship arrangement.
LawAndParents Editor 02/03/2017 at 12:48 pm
They will need to re-visit the courts to apply for a new child arrangements order.
EG 01/03/2017 at 8:42 am
I live with my brother and my nephew, my brothers partner and nephews mother lived with us until recently. She suffers from various mental health conditions which lead to my brother and her care team recommending she live separately. Since then she has seen him a handful of times. Nothing has been done in regards to custody but would I be able, as his aunt and the one who cares for him the majority of the time, be able to apply for a shared residency with my brother ? Or do I not have any rights as my brother is still living here and looks after him too?
Kudzi 28/02/2017 at 10:42 pm
Mother arrested, stepdad granted residency orders in respect of stepdaughter. Daughter not getting well with stepdad and wants to return to mother upon returning from prison. what are the options, does she have to apply for residence orders for her child or?
LawAndParents Editor 22/02/2017 at 2:10 pm
No, this will depend on any other contact agreements you have, especially with regard to holidays etc. If you are concerned for your son's safety, you should apply for a Prohibited Steps Order.
LawAndParents Editor 22/02/2017 at 11:42 am
Your ex partner will need to take this through the courts if you do not agree with him.
Mumoftwogirls 19/02/2017 at 10:16 am
Hi my ex partner phoned me yesterday while he has our daughter this weekend. He has informed me that he would like my daughter to live with him as it's in her best interests! I the mother has full custody/residence and she resides with me. What can I do as he refused custody twice in court two years ago. What are my legal rights here even though I have full residence of my daughter. Thank you
Laura 18/02/2017 at 11:02 am
I got a residency order in Jan 2017 because my ex kidnapped our son and I had to snatch him back. Because of this I didn't trust him to have him without one. He is now wanting to take him to France which I don't agree to as still no trust and order or not it won't help me if he was in another country. Does me having a residency order make me able to stop this?
kay 17/02/2017 at 10:51 pm
Iya. I got a residence order in 2013 for my daughter to live with me when me and her dad broke up. We got back together but only lived together for 4months not 6 and have read 6 months then the order is outdate if you live together for 6months.. He has my daughter now he took her from my mums last year. Is the order still in date ? My daughter is only 4years old. Thanks
LawAndParents Editor 16/02/2017 at 12:47 pm
If there is any urgency i.e you feel there is an immediate risk to the children, the court case may be brought forward. However, if a child protection plan is in place and social workers are keeping a eye on things, they may be willing to wait.
Rossy 16/02/2017 at 12:08 am
Hi ive applyed for a residency order for my 2 boys aged 3 and 5 there is a directions hearing on march 3rd and a final hearing on the 3rd 4th and 5th of april, my children are subject to a child protection plan for a further 6 months on child abuse by there mother and her current partner, all social reports state there are concerns also 2 caff cas reports also state they are concerned with further phyicial abuse' so my question is could the mothers solictor advise the mother to reward me of an residency order then waiting a further 4 weeks? which looks likely the court will grant me the order in april
JaniS 12/02/2017 at 2:15 am
For all you dads out there my son has just got a residency order after year of pure hell what you have to do is right everything down record everything keep a log and eventually you will get your child
Jani 12/02/2017 at 2:08 am
My son has just got residency for his daughter after a year long battle of pure hell so all you dads out there do what we did record everything wright everything down times dates recorded everything again time and date it you will get your child
Kevin 10/02/2017 at 6:21 pm
I got custody of my 5 children 10 years ago. My youngest is 16 and at school and has decided to go and live with her mother. The mother has rarely seen her and broken her part of the court order in respect of never coming to pick them up at weekends. My daughter and I was very close because she always respected what I have done for her, because I punished her for poor behaviour at home and school she decided to go to her mums. With the court order in place can I make her come back home?
LawAndParents Editor 10/02/2017 at 12:37 pm
The courts make their decisions based on the interests of the children. They will want to look at the children's lives and how any changes will affect them and their relationships with both parents.
Jo 08/02/2017 at 1:37 pm
My Controlling ex partner is dragging me through court as I want to relocate 2 hours from my current home and move in with my new partner. I am scared the courts will
Stop me moving as my romantic relationship has only been going on six months. If I married my partner could the courts still stop me from re locating within the U.K. within reasonable distance from the children father? I must add that there are no safe guarding issues and his allegations are all lies which I can prove with supportive evidential emails. We are currently in the early stages of proceedings.
Many thanks.
LawAndParents Editor 08/02/2017 at 12:05 pm
You need to speak to a social worker about this. Try the Family Lives Helpline
LawAndParents Editor 07/02/2017 at 12:22 pm
Is there a court order in place with details of your partner's full residency? If so, it may be a case of going back to the courts to see how the order can be enforced.
Jbrc 07/02/2017 at 8:14 am
My mum has residence order for my daughter but my mum has mental health she smacks my daughter and shouts at her and tell her it's not her fault no one wants her i was a drug addict in the past so dose this mean I won't be able to gety daughter back now. My mum stops me and her dad from seeing her alot and my mum spends her money on her self.
Help me 06/02/2017 at 11:42 am
So my partner has got full custody of his son and his mum sees him every Tuesday night and every other weekend. How ever she was supposed to bring him back on Wednesday at 4 but has not brought him back and she's not telling him anything about the boy, haven't seen him in over a week tomorrow! What can we do!?
Lee 02/02/2017 at 7:06 pm
Hi..i have a residency order, prohibited steps order n had a non molestation order..Ex was violent n he was found Guilty of 2 counts of child abuse, i had a ReL hearing and judge believed all domestic abuse after he threatened to cut off my head in court. He was told he was not allowed contact with my kids. Is their any way possible to change kids names as solictor wont apply 4 specific issue order as he would be in court n told kids new names. I had thought of tryin toget his parental responsibility revoked but was told i wouldnt win..please help
Nanna 01/02/2017 at 7:52 pm
I've had a residency order of my grandchildren for 6 years, since they were 1 yr and 2 years. My daughter moved in with myself and the children 3 years ago, however, I have recently had reason to ask her to leave. This was due to, in my opinion, safe guarding issues.

My daughter is now saying that mental health services are assisting her to find a home and are going to support her to regain custody of the children.

Where do I stand as their main carer for the past 6 years?
PR 17/01/2017 at 7:48 pm
Hi There

Where there has been issues in the relationship and one parent hasnt realised the partner is emotionally abusive them, after the separation one parent continues to shout and swear in front of a toddler the other parent tries to to walk away from this but the other parent seems to see this as being ignored. The parent is trying to be civil due to child being present. The abusive partner exaggerating things and twisting ex partners words trying to blame everyone else but themself. Selfish and does not see what is happening to the child or the parent. The other parent decides had enough of abuse and the other parent cant be civil and blaming the other parent for it goes bypasses mediation due to emotional abuse (not sure if the parent knew they were being abusive as part of controlling self couldnt see how the other parent felt self centred and short tempered) abusive parent believed has child in best interest but actually doesnt. the child was a novelty from the beginning parent does love child but doesnt show it in anything the other parent does alot more and loves child and cared since day one. The child was being pushed from pillow to post tired and behaviout started to change due to PR 50/50 this wasnt clearly working for child so other parent went for court order for living arrangements. Can the parent who was emotionally abused and because parent dis it in front of child can that parent stop other parent from having contavt until court order?
Saz 14/01/2017 at 6:51 pm
Hi I got residency of my daughter we got a court order for seeing her dad I stopped it for serveral reasons im bk in court with him he phoned ss for no reason saying i camt cope with her and iv got mental issues (I havnt theres no proof) we been split up 4 years and would I lose residency/ custody cos of it? Thanks x
LawAndParents Editor 10/01/2017 at 2:27 pm
It would be worth speaking to a solicitor to legalise any guardianship you have over your niece. Then the father would need to apply to the courts for any changes to the existing arrangements.
T.C. 10/01/2017 at 4:06 am
My sister married a non uk man approx 2007. He moved to uk. They had a daughter. About a year later they divorced and he signed a residency order with no contact order. Thereafter he disappeared never to be heard from again - over then next 5 years has provided to support, gifts, money and has had zero contact with his daughter. My sister died and named me as my nieces guardian to live with me and I will raise her and control all money/assets left by my sister which has been left to my niece until she is 25. All of a sudden after 5 years no contact he has attempted to get in touch with me from his home in a non EU country. I do not know what he wants and I'm terrified he will try to take custody of my niece and I'm doing so will allow him access to my sisters estate. She's all we have left if my sister. Our parents (nieces grandparents) live with me also and have been there for my niece since birth as have I and here is all my niece knows - can he try and take my niece now my sister has died and access the money my sister has left Lexie (and me to help raise her)? Everyone previously has said in the past if he ever tried he wouldn't stand a chance as has had nothing to do with his daughter in 5 years? What rights do I have legally?
LawAndParents Editor 06/01/2017 at 12:54 pm
You should seek advice from the social worker and also the courts about the legitimacy of this as we do not have all the details.
Charleen83 05/01/2017 at 2:46 pm
Hi, I was awarded residency in 2015, due to this my ex partner made an allegation that I assaulted our child. She was removed due to bail conditions being put in place. Her dad put her in a new school, now today they have dropped all charges and NFA'd the case. Apparently my residency order is now applicable again, and seeing as there has been no child care arrangement order awarded to him am I right in assuming I can get her back legally due to the fact that I have a residency order? ASAP help needed please & thank you.
LawAndParents Editor 04/01/2017 at 12:27 pm
If you have parental repsonsibility (ie. you are the biological father and your name is on the birth certificate) and your daughter is under 16, your consent will required before the name can be changed.
Jutty 03/01/2017 at 3:11 pm
Hi there House just want a bit of advice if anyone can help me I have two daughters what age 11 and 109 my ex partner has residency order over my youngest daughter and her mother and stepfather House residency of my oldest daughter do I still have parental rights I have a contact order but my oldest daughter is wanting to change your name by deed poll do I have a say in this
Ct 27/12/2016 at 9:15 am
I haven't started court proceedings but my ex has taken our child and is saying he will not be bringing her back on the date we agreed where do I stand legally
LawAndParents Editor 19/12/2016 at 11:45 am
If your ex breaches the court order you can go back to the courts and the police will be able to help make sure the order is enforced.
Redhead 17/12/2016 at 11:40 am
Hi
I have residency but I'm scared my ex won't bring back my child, what can I do if this happens he also has pr? But there is a child arrangement order in place through the court stating times and dates contact takes place with him.
LawAndParents Editor 08/12/2016 at 12:12 pm
If you fear for your own safety or that of your children, you may need to apply to the courts for a non molestation order.
Diamond 05/12/2016 at 4:55 pm
I got a residency order in my name without any contact order being placed due to my exes failure to respond. Caffcass were involved due to domestic violence and were not impressed with my ex's emotional response from what they saw. After 3 years of no contact from the ex, I felt the need to reach out. Gradually over the past 3 months he has seen the children who are very young, but it has become evident he is using the children to try an regain some control over me. His emotional state became questionable and it became evident he had been using drugs. For my security I have stopped all contact and told him to see his solicitor. I can't help but feel scared and I am regretting contacting him at all. I tried to do what I thought was best for my children but seeing his life and his character I am more concerned than before as to whether he could cope. My question is how can I legally protect our children from him should he seek contact? I really do not feel he is in any emotional state or physically secure position to have contact at this time. He does have many violent convictions. He was done for battery towards myself and a previous ex gf amongst other accounts of brawling.
LawAndParents Editor 01/12/2016 at 12:31 pm
You do have to consider what's in your daughter's best interests. If you feel she's at risk then the courts may order that specific arrangements regarding her collection and drop off are made.
Rosey 30/11/2016 at 2:22 pm
My partner and myself split up in June last year since then I've had idas involved through the emotional abuse, he constantly tells me he's going to keep our child and not to return her. Since the last time he said this he got arrested and charged with a domestic at my house where our child was at the time of the incident. I've told him now that he's wanting contact again with our child he has to take me to court. If he does what do you think will happen as I'm really scared to let him have our child incase he refuses to hand her over again ?
Worried 24/11/2016 at 4:41 pm
Myself and my partner have a grandson 12months old. We are hearing very concerning things about how he is not being brought up not very well amount other things I'm very concerned and want advice on how I can get the child out of the situation and live with us
LawAndParents Editor 21/11/2016 at 11:14 am
No, you need to go through the court process to apply for a residency order.
Ash 18/11/2016 at 2:05 pm
My son is currently in the care of his auntie. His mother died and I have never once been informed about these decisions being made. I'm on the birth certificate and want my son back. His mothers family refuse contact. Can I go and legally get him from his aunts?
LawAndParents Editor 18/11/2016 at 1:59 pm
The best thing to do would be to try and negotiate an agreement whereby your daughter can stay longer at yours (more like a holiday) over the christmas period and then review it in the new year. If your ex is in agreement that she can continue spending longer at yours on a permanent basis then you can continue as agreed. If your ex does not agree, then of course you may have to consider going back to court.
Help 17/11/2016 at 3:24 pm
I split up with my ex a while back now when it first happened I lost custody of mine as I didn't have a standard letter home as I was waiting go for council so he was given the residency and I was allocated contact. We have since been back and I managed to increase my contact to 50/50 but he still hold the residency. Now my eldest (12) is claiming she doesn't want to go back to him. I have convinced her that it is better to wait until the new year before acting on it so everyone has a nice Christmas and she has agreed and I thought the want would dwindle away but that doesn't appear to be the case. I don't want to make her do anything she doesn't but am worried if she refuses to go back to him what could happen as legally I am supposed to return. This could still become nothing and she could change her mind but I would like to know where I stand. I any advice I would be greatful.
Confused 13/11/2016 at 1:06 pm
Hi, my partner and I argue a lot, he constantly threatens me with 'you will never see our son again', can you explain what I would need to do and what would happen if I applied for a residency order? Does he need to sign anything or can I apply without him knowing just as a precaution? Thanks
LawAndParents Editor 10/11/2016 at 2:21 pm
Sorry we don't understand your question. Do you not want your daughter to go on holiday to America with her father.
Gem 10/11/2016 at 8:29 am
Hi our 9 year old daughter is going on holiday to America 2017 she booked it without my permission only found out yesterday on my contact visit with her dad its once a month (4weeks )once my aunt as residency order it's shared parental responsibility well supposed to be . What can we do
LawAndParents Editor 09/11/2016 at 12:53 pm
Firstly ask your son about it. Is he happy with this situation? Does it bother you, if you son is happy and you still have the access you had before? If so, you should consider carefully before entering any battles with your ex and your ex's ex wife over this. If you decide you don't want this arrangement to continue, try and come to an alternative arrangement with your ex. If that is unsuccessful, then you may need to apply to the courts to have a new child arrangements order made.
Sel 08/11/2016 at 6:47 pm
Hi. My ex partner won custody of our 5 year old son because I was moving out to be with my new partner in 2014. My ex got back with his wife and she moved into the house that I lived in with my ex and son in 2014 . Since then my son has been moved from a school that I put him in and I have just found out that my ex and his wife have split up which they split up in 2015 I have now found out that he has moved into his new partners house and his wife has moved to another house but she has been having my son staying with her and not his dad. His dad have custody of him and I see my son every other weekend. My ex's wife doesn't have custody of my son and I don't know what to do as my ex wanted our son to live with him and not me. What should I do .
Lou lou 02/11/2016 at 2:29 pm
I lost residency of my son in 2013 to his dad for the simple reason that he was settled he lived with me and dad from north until we split and things got messy court we both live in diffrent citys and he is 7 now my son and still tells me he wants to come home we both get really upset over this all, after my ex won in court he had another child who was disregarded after court, my son is not allowed to see his brother I would like to try and apply for residency because I just know I will guide him down the right path in life I don't think he will get this with his dad surley court would be on my side that he fought hard to take my son away from me and has ignored this other child who belongs to another woman.
I just want my son home but I don't think they will let ne have a case just for that reason would they?
LawAndParents Editor 02/11/2016 at 12:23 pm
You could try asking social services for help here. As you have a residence order, you may also get the backing of the courts to enforce it.
Lost 02/11/2016 at 2:36 am
I have a residence order for my niece who is now 13. I am her uncle and around 4 years ago she was put into my care through the courts. Over time my niece and her mother have slowly started seeing each other with over night visits. Her mother was drink and drug dependent. And now has mental health issues. But now my niece is refusing to come home and I have been told there is not a lot I can do about this. The thing that I know is it will go down hill and her education and wellbeing will suffer as I was constantly being called to sort problems out. What can I do as I want her back home where she is safe.
kelz25 29/10/2016 at 4:42 pm
Hi, my nan has a residency order on my 7 year old daughter and has allowed her to go abroad with another family member without consulting me about it first. Is there anything that I can do to prevent this from happening again? I've tried asking her not to let other people to take her on holiday until I'm informed time and time again and all my nan has said is either yes she will, but doesn't and that it's nothing to do with me. I have regular contact with my daughter but only see her once a month even though the courts granted me twice per week. I don't know what to do
sazzy 21/10/2016 at 5:40 pm
Is there a way to find out why a residence order was granted ? I can not ask family members ect. My grandparents we granted custody when I was 14 months old .
LawAndParents Editor 18/10/2016 at 11:36 am
The ideal solution is for you all to come to some of of compromise, perhaps where your daughter shares her time between you both. If this doesn't work out, you can refuse but her father could apply for a court order to overturn the existing one in his favour. The courts would then listen to all of your views (including your daughter's) and make a decision based on her best interests.
Bob1 17/10/2016 at 4:54 am
Hi i have a residency order for my daughter got it at age of 5 but know after argument with my daughter she saying wants to live with her dad she now age 14 can i refuse
LawAndParents Editor 12/10/2016 at 2:26 pm
We really can't say - this would be a decision for the courts if you cannot come to an agreement between you.
Jo26 11/10/2016 at 7:35 pm
Hi my son lives with his dad but I have him 3 nights 1 week and 2 nights the other I also take him on holidays and I have him more in school holidays as his dad works full time also while in care of his dad my son gets past from pillow to post as he working iv explain my son would be better settled with me as I have more time and he can see his son on his days off we been to mediation once and he hasn't stuck to it he and his partner split and then got back together but know live at separate address and that's another place added to my sons live he has to sleep my son only 5 I want more routine for him so iv been back to mediation what do you think my chances are of getting residence of my son
LawAndParents Editor 11/10/2016 at 2:38 pm
This sounds lke quite abusive behaviour, you might want to seek help from a local advice organisation....start with the Citizen's Advice Bureau. You can only apply for a residency order if you are living separately.
Fletch 10/10/2016 at 9:28 pm
I still live with my husband. when I have tried to leave before he has taken our son and refused to return himy nor tell me where they are etc. He says if I leave he will take him and I have no doubt he will as he has numerous times before. Am I able to get residency order while we live together and without him knowing?
Also I don't work anymore due to health but he does so would I be entitled to legal aid as I have no money myself except my child benefit.
charlieoz 09/10/2016 at 6:22 pm
Hi at the moment I'm still living with my son dad but I'm leaving next week to move into my own house he doesn't know this. He said I leave he won't let me take our son his mother has also said they why go for full Custody Of our son. What should I do my son is only 21 months old i also have a 6 year old but he's not the father I can't leave without. my son. I know it's going to get very messing and I don't have money to pay I'm so scared.
LawAndParents Editor 07/10/2016 at 11:01 am
You should go via the official channels if you think she'd be better off spending more time with you. Discuss with her father in the first instance. It may be you can come to a mutual agreement over this. If not, then you might want to consider mediation or a court order in order to have the arrangements changed.
emmax 05/10/2016 at 1:39 pm
hi my daughters dad got a residence order 3 yeara ago my daughter is.now 4 she really doesnt like living there with her dad and his partner iv heard nasty things aswell about them. if id to not take her back what would happen im her.mother and have all PR . please write back to me
LawAndParents Editor 04/10/2016 at 2:35 pm
Sorry we don't know the circumstances of your situation, can you mother not just take the medical and then see what happens?
Geri 03/10/2016 at 9:11 pm
My 16 year old daughter is in care artical 21 my mother wants her to come and live with her but social services are saying that my mother needs a medical why? Can i do anything plz help
Rob 02/10/2016 at 7:05 pm
When I was with my ex partner I obtained parental responsibility for my son's and residency order was placed on her address. We have now separated and I have a house suitable for my son's. She is refusing to let go of my children. She is not the biological mother and has no blood connection to my children. What can I do?
Leo9296 27/09/2016 at 1:05 pm
Hi there my mum has residency of my 3 children afta me and a new partner had a domestic argument were we both got out at each other now we're both working and doing thins were aupposed to do my mum says Neva allowed my kids back asling as am in a relationship is this righ my kids are 4 3 and 2 what can I do a love my children and also love my partner there must be help somewhere
Wraydan82 25/09/2016 at 7:07 pm
My partner has custody of her son with a residence order against her ex whereby visits are mandated as 1 weekend per month. He lived 240miles away but has since moved into our apartment block in the mother of all coincidences, this is breaking the order as he is purposely intercepting her and seeing the son. This case is further complicated by the fact that he was very abusive towards her, hence the contact order. What can we do?
LawAndParents Editor 22/09/2016 at 12:54 pm
Even if your child has expressed a wihs to live with her dad, he cannot simply refuse to take her home without your agreement. We suggest mediation...look at all the possibilities and how they will affect your daughter. Ask your daughter to think about what she will be doing over the next few years and how that will fit in with where she lives etc. Make sure whatever you both decide, it is based on the best interests of your daughter and not what you feel is best for you. If you cannot come to an agreement then the courts will look into your situation and make a decision on what they consider to be in her best interests.
Lulu37 20/09/2016 at 5:45 pm
My daughter has decided she wants to live with her dad in wales, ( she's 10) and pretty certain this is what she wants so he rufused to bring her home after a weekend visit, she's lived with me in Somerset her whole life and I'm worried if I get a emergency residence order to bring her home to me, will I get her back as she's adamant she wants to be with him, first I've heard of this and well she's at a impressionable age right now and I'm thinking about her best interests in the future years to come
coco5757 19/08/2016 at 12:19 am
Im looking for some advice ..my 2 kids ended up living with my mum through a residential order.. after i split up with father i struggled to cope and my mum took the kids for a couple off weeks which turned into a couple of months then it got nasty and social work got involved ...at that time in my life i was going through some mental breakdown and as time went on after the order me and my mums relationship has got stronger i got stronger and now i have a great job and support in life and 5 yrs later i have had the kids staying with me at weekends and holidays ...the problem is this was never granted or arranged through social work and she wants to keep it on the downlow and every time i mention going to social work and trying to help me figh for them back she just dismisses the conversation and we argue as she doesn't want the kids to come back to mines and she doesn't have a reason ... I don't know how to deal with this as im scared to go to social work incase it gets worse and they take kids off my mum and i don't see them again ...i don't know what to do can does anyone have any advice for me please.
Sofe 16/08/2016 at 11:50 pm
Hi, I'm wanting some advice for my brother him an his partner split up an the mother left the child with the grandmother, it went to court an the grandmother got a residence order, the court agreed my brother was allowed to have his son each week which continued for a while, but out of the blue she stopped all contact changed her number an has even moved house now, we have not seen him for over a year now and don't know what to do, he can't go back to court because he can't afford court fees, what can he do next, before she moved we were leaving presents ect with neighbours we even leave them at the school now because we don't know where she lives, any advice on what route to take now
Leanne 13/08/2016 at 12:30 pm
Hello, I have a residency order for my son, his dad didn't show up at court so there are no contact agreements attached. He has recently failed to comply with an agreement for contact that we have due to work but is unwilling to change to contact to avoid nor showing up which, of course, is upsetting for my son. We are now looking at taking the legal route but I just wondered if you could let me know what rights I have for arranging contact this is in my son's best interests but that his dad might not necessarily be 100% happy with?
LawAndParents Editor 10/08/2016 at 10:10 am
If the father has parental responsibility he is under no obligation to tell the mother where he is with the children while they are in his care under a normal contact arrangement - although it is courteous do so.
Stu 08/08/2016 at 4:11 pm
A friend of mine has a residence order for her son age 6. Her ex partner has her son for 7 days at present during the school summer holidays. She thought her son would be staying at her ex partners house but she has discovered he has taken him away on holiday. He is refusing to tell her where he has taken her son. Can he do this?
jb 06/08/2016 at 3:25 am
my ex left me and my 19month old daughter she moved out then a week later messaged me saying meet her at my daughters nursery at 6 for me to get there and fined out my ex tuck my daughter out at 1 and got home to house being empty ed no sign off any one later my cusin told me were she lived then week later ex asked me if take are daughter to nursery so I went to get her kept her at her and my home since ex tuck me to court for residece order we have been to 2nd trial 3rd in 1 week but order has stayed I have her Monday to Friday mum Friday to saterday she has not had her due to working most weekends but she's trying to make me look bad left right and center what do you think the final court will decide as not sure on who has more rights 1st court said to mum 9 10thas of law is possession eg cause I have my daughter 2nd said it's not a legal matter and they can't make us do any think then said 3rd is final hearing and they say what goes am confused I have pr
Cowlard89 05/08/2016 at 11:00 pm
Hi I've been to court about having contact with my daughter but carcass had concerns so I want the best for my daughter and go for resistancy. Court said contact my ex refused contact centre but we going out altogether but she leaves her other child that's not mine with me and got told I got interact with her. I've got concerns as my ex is mainly in bed most of the time as she has illness. And she says she struggling could I go for resistancy as it's no live for child being stuck in doors.
Jackie 14/07/2016 at 10:55 pm
I am having diffculty with my ex partner regarding contact with my daughter. There is a residence order in place at the moment where i get contact with her, now she has been having issues with lashing out very badley over small things when she is with me its been going on over a year and half now and its got that bad she is very down in herself. Iv tried to talk to her to find out whats causing her to act like this while with me and iv seem to get now where with anything she has told me. Its now come to the point that she hates me due to not being able to help her but i dont know whats causing her to be like this. Last time i had contact was 3 weeks ago this is because i had to leave her with dad as she was that bad she was threatening on hurting my to younger children and due to me doing this my ex partner has decided to stop me seeing her and he cant give me a good enough answer why he has done this. Now obv there is a court order in place and i keep getting told i cant do anything about this. My question is why do we have court orders if the parent with residence can do what they want and break the order just like that?? Or can they? If not what are the consiquences for breaking a residence order???
LawAndParents Editor 11/07/2016 at 11:10 am
If a lawyer is not possible, you should try contacting an organisation such as: Family Rights Group or Family Lives
Kat 08/07/2016 at 12:35 pm
I have been in usa 28 years with 7 kids married for 18 I just got deported due to overstay and traffic tickets my 4 younger children are with my husband there father he will not let me talk or see my kids as he has a new lady and being a ignorant man my children have lived with me since birth they are heart broken with out me my older children talk to them they are all us citizens I'm very depressed due to this and need my kids asap with me I'm on esa so my money is not enough to get lawyers can I file for a residence order in UK what else can I do to have my children back with me I have got them all passports as they are uk citizen's too please help with any info I can do to file court papers to get my children back with me my husband has a bad criminal record he does not work and living with his eldest daughter right now from first marriage I have been in a terrible domestic violence marriage I applied for legal aid but was denied because his criminal record was longer than 5 years ago
Jonny 29/06/2016 at 3:49 pm
I was granted an interim residence order nd was just wondering if dat means i can stop my son from sleeping over at his mums house
LawAndParents Editor 27/06/2016 at 10:37 am
You need to try discussing this with your ex, a mediation service might help. If your son's relationship with his father does not improve, you might need to apply to the courts for an adaptation of the existing order.
Motherinneed 24/06/2016 at 8:41 am
Hi, i have an resistance orderwhere my 4 year old son lives with me, he visits his father over night every friday after school till saturday afternoon. His dads has always been off on with this i.e he makes plans without him and tells me he wont have him. My son keeps telling me he doesnt want to go to daddys and that he doesnt like him ect for months now, until just recently hes now telling his dad he doesnt want to, his dad wont help me resolve his and im worried about what i should do, i hate forcing him to go somewhere hes not happy but i dont want to go against a court order either what should i do?
Moggy 16/06/2016 at 4:55 pm
Wv109pu unsure as to parental rights
LawAndParents Editor 14/06/2016 at 2:07 pm
There's not much you can do about this. If your (ex?) husband decides to take you to court over it, the courts will make a rational decision based on both versions of events.
Jbara84 12/06/2016 at 9:22 pm
Hi,
I want to take my son for 2 weeks to see my family in Poland- I have asked his dad to go with us but he is saying he can't take time of, so I have told him we will go without him and now he told me he will file a restraint order against me and I won't be able to take our son with me... he said he will tell in the court that he thinks that I'll kidnap our son... which is not true
Sea83 31/05/2016 at 3:35 pm
Hi. I'd like some advice on changing my sons surname. I've been seperated from his father for 4 years. After years of physical /mental abuse. It was very messy and ended up in a court battle over visiting rights. I ended up getting a residence order, as he took my son one day and refused to bring him home! I was also granted full parental responsibility. Since then he's not kept his side of the bargain (kept letting my son down) he hasn't seem him for 8 months. He makes absolutely no effort what so ever! I've made the decision to change my sons name to my soon to be married name. I don't know how I stand legally. Thanks.
LawAndParents Editor 26/05/2016 at 10:48 am
Sorry it's not clear who she's saying she hates. Is this her natural father or your new partner? Her natural father will have parental responsibility and can ask for contact because of this, but can't simply insist that his daughter goes to live with him etc.If the natural father decides to apply to the courts for residency, the courts will consider all the circumstances (and that will include home circumstances such as the new partner and the current social services investigation). They will make their decision based on the best interests of your daughter.
Natty 23/05/2016 at 2:13 pm
Desperately seeking advice plz, I've been sperated from my ex many years, never married, on n off for 12 years, ad a girl who's 10 now. Jst been me and her, lived with my mum for 7 years. I've had a new partner for a year now, all went well, my girl did struggle with jealousy n not fully liking him as he wasn't her dad. Any wAy found out he'd cheated on etc, decided to give it another go. Family fell out with me, now her dad got social services in on my, now there investigating me and my partner, she's now saying she hates him
He makes her feel uncomfortable. Where do I stand with her dad, he's been
In n out of her life only put on birth certificate 5 years ago how much rights does he have over her?
LawAndParents Editor 19/05/2016 at 2:22 pm
Assuming you have a legal right to be in the UK, you can apply to the courts for either residence, shared residence or contact. The court will base any decision on the best interests of the child.
LawAndParents Editor 19/05/2016 at 2:04 pm
If he has Parental Responsibility, he will have some involvement in major decisions affecting your child's life, so yes you should consult him.
jaivi 17/05/2016 at 1:30 pm
I have been away from last 18months to India for a treatment in during that my marriage has broken down and my 9 year old son (7 when I went for my treatment) has been living with the father. My husband has not let me speak to my son in all these months and I have literay had no contact with my son since November 2014. Now I am back in the UK living at friend's place because I have nowhere to go & they woudn't start me on benefits or give me any kind of accomodation because I have been away for so long even though it was for my treatment. I have tried to call my son's school to see if they can et me see my son but the school has refused saying the dad has asked them not to. I want to know can I sti get the full custody of my son because he has been told that his mother has done a runner and abandoned him which is not true but because i have been away for so long they are making it look like that.I am falling apart inside not being able to see my son I havent seen him for 18 months. I want him back in my life. is there any chances that I wil get the custody of my son. Please give me some helpful advice.Thank you.
LawAndParents Editor 17/05/2016 at 12:53 pm
The courts usually take a child's opinion into considerationj at a slightly old age - often 12 years plus.
Kmh004 17/05/2016 at 9:11 am
My ex moved to USA and our child lives here with me in the uk! My question is, me and my husband have been looking into moving away from the uk but I'm not sure how this would work when my ex isn't in the uk? Do I still need his permission if he doesn't reside here?
Momof4 15/05/2016 at 3:34 am
I have a residency order for my middle son from he was 6 wks old he's now 10. I allowed my ex partner to see him every weekend. My ex partner hates my new partner who I've been with for 6 yrs.he's brainwashed my son and tried to get my partner arrested for hitting my son. Which never happened. My son now refuses to come home and is living with his dad. I know I can use my residency order and get him but he refuses and kicks off. Hes dad is now applying to get his school changed. Social services are involved for what good they do. My son is refusing to have any contact with me and he's 3 siblings is there anything I can do. Would the law take his opinion into account at 10yrs of age. Even the school he attends can see the change in him and how he's being brainwashed.
LawAndParents Editor 12/05/2016 at 11:59 am
It's a specific issue order that you need to apply for if you can't agree between you.
Sigrist 09/05/2016 at 4:54 pm
I wish to take my daughter of 9 away on holiday I've agreed to only take her first 28 days and show the plane tickets to prove this. But he will not give written consent do I have to get a residency order to take her? She has lived with me solely since we separated.
Nrdrmr92 29/04/2016 at 2:46 pm
My partners ex wife has a residance order for their two kids via the court. We had to go thru them to get access to see them because she stopped contact. Social services have been involved on her part and she's in an abusive relationship. The kids want to live with us becuase they feel safe they are 12 and 10. Can we apply for residence even tho one is in place with her over them?
Aj 28/04/2016 at 10:50 am
I have residency of my son will that change now I'm back with the father
LawAndParents Editor 27/04/2016 at 12:59 pm
Is your wife the mother of your daughter? If not, is the mother still around? If so, you may have to gain the consent of the child's mother if your wife wants to take the child without you being present.
B 26/04/2016 at 3:09 pm
I have had residence of my daughter since 2011. I'm married and my wife has brought my daughter up! Can she take my daughter on holiday if I give her written permition? My daughter is 9
Katie 25/04/2016 at 1:37 pm
I'm looking for advice I had my daughter took off me at 6 weeks old I didn't have time to show I was a mam I did not do anything wrong in my eyes, I have done everything they have asked and my daughter lives with my mam but I'm looking to get her back, where would I seek help for this?
LawAndParents Editor 25/04/2016 at 10:46 am
It will be really difficult for the courts to enforce this - which foreign country did she move to? Some countries have better liaison systems that would enable the courts to communicate etc.
gwi5727 23/04/2016 at 10:39 am
My ex moved with our child to a foreign country a year ago. There was a contact order in place.
Knowing that she would mess up contact once they left, I took her back to court to ammend the order so that I would have weekly phone contact and also that our child would visit me twice a year.
Weekly phone contact has been erratic and now she informs me our child won't come back to the country for the next visit.
If I take this case to court what can the courts do for me?
Mumof1 14/04/2016 at 6:13 pm
Residency has just been granted against me as an interim order until next court date, when should I stop my claim for child benefit?
worried daddy 11/04/2016 at 5:08 pm
Hi I would really like some advice, my ex wife left me with my daughter and moved away when she was only a baby, thinking I was doing the right thing I drove up and let her see our daughter. I was due to pick her up and she wouldn't give her back she then took me to court and went for full custody. We got joint custody but the judge ruled she would reside with my ex wife a she is her mother I was devestated but that has been the arrangement for he last 7 years... but.... since then my daughter isn't being cared for properly she's had numerous men that she's being told to call dad and my daughter has been moved form pillar to post I'm really starting to worry about her we have tried numerous times to pursuade my ex to agree to let her come here with us she doesn't do anything for my daughter anyway her new partner does everything for her just like the last partner.. what can I do can I take it back to court?? She's with Me at the moment and the thought of sending her back makes me feel sick. She is also saying she wants to stay with us we don't know what to do iv even thought about trying to pay her off but I'm not sure that's even legal but I'm desperate I just want what's best for my little girl aby advise would be very much appreciated. Thanks
Sarahc 08/04/2016 at 5:08 pm
Please help. Im a grandmother who has residency of granddaughter. Ive had her since she was 6 months old, shes now 2. My daughter wasn't full filing my granddaughters needs and socisl services got involved. Her mother has always had contact. Contact has always varied from everyday to once a week. My daughter now has another baby, social services are satisfied with her and are not involved. My daughter has now been housed by the council so things are going well. She now wants to go back to court to get her daughter back. Does she have to go to court or can I just give her back?
LawAndParents Editor 06/04/2016 at 10:48 am
You may not be able to push the contact order through but you can apply for a prohibitive steps order to prevent the husband from having contact or apply to get the restraining order extended.
LawAndParents Editor 05/04/2016 at 2:23 pm
The courts will always decide on what's in the best interests of the child. If you have 50/50 custody already - this is surely already shared residency. If the father wants to apply for full residency, then again the courts will decide what's best for the child. The parents' wishes should not be based on who gets the child benefit.
Cb 04/04/2016 at 8:05 pm
I have full custody has a father to my child I have since he was 18months the court gave me a residence order saying there is to be no contact with the mother. When he turned 5 she decided she wanted to see him again and went to her solicitor in which he said it was up to me to decide if contact would take place how when where and for how long. She has now been seeing him for a year and now wants to take me to family mediation. I want the hours and days to stay the same has still she cannot still be fully trusted can family mediation change anything when solicitors have already said it my say so?
ChrisL 03/04/2016 at 11:53 am
I'm a single father and I were granted a residency order September 2013. I have had my daughter with me since she had just turned 3, she is 7 years old now.

My problem is my daughter's moms new husband. He currently has a restraining order but this runs out in May 2016. My daughter is petrified of him and wishes to have no contact. Our worry is once the restraining order runs out next month, he will be actively seeking to force his way into my daughters life whether we like it or not. He is a violent drunk and been in prison several times over the last few years for assaulting a police officer, assault and breaching the restraining order. My daughter has also seen him actively trying to fight with myself twice, once while I were holding onto my daughters pushchair with her inside it. This is how I got the restraining order.

My daughters mother has not seen her daughter for the last 5 months. She were always loosing my daughter down with promises and not keeping to the arranged meetings. I felt this was damaging to my daughter so I asked her to get a contact order and told her once the application had been sent in then I would have no problem with her seeing her daughter but not until. This has not happened. My daughters mom has had very little contact with my daughter in the last 5 months. Even when she does see my daughter then she is on 1 hour time limit. She would have calls and text from her husband basically urging my daughters mom to make hast and leave.

I'm on here asking if there is any way I can push this contact order through with a stipulation preventing my daughters husband from having contact, or maybe getting the restraining order extended.

Any help on this would be greatly appreciated.
Mia 02/04/2016 at 8:52 pm
Hi.I am getting divorced after 5years married. He is emotionally and mentally abused me.I had enough report him to police, but don't press charge . We have 6 years old daughter,cafcas get involved and to make there report 50/50 share custody. He is claiming child benefit, coz I was in spouse visa,but now he doesn't want to transfer to me and he wants to divide week .I am happy with share custody but not residency.He is retired I am working.How do you think court will decide guys. Help me please.
LawAndParents Editor 01/04/2016 at 12:14 pm
Your partner (the child's father) would have to try to come to a mutual arrangement/agreement with the mother that your step daughter stays living with you. It may be worth trialling it for a short period to see whether it's what your step daughter really wants. If she refuses absolutely to return home and the mother is unwilling to accept this, then you may have to see a new child arrangements order from the courts - your step daughter's views would be taken account of as she is 14.
Jac 29/03/2016 at 9:32 pm
Hi just a bit of advice My 14 year old stepdaughter wants to live with me and her dad
Her mother has full parental but is very verbally abusive towards her to the point my stepdaughter has breakdowns
Her mother keeps saying she's gonna put her in to care
Where does my stepdaughter stands if she refuses to go back to her mother's
Kind regards jac
0y0z 10/03/2016 at 5:39 pm
I had a one night stand and I don't know who the father is to my baby. in which my partner doesn't want anything to do with the child. if I was to sign the child over to my mother via residency order. would I need to go to court atall? and would my mother?
I'm all for her being the soul career of my child so, what would we need to do to get the ball rolling and what would happen?
many thanks 0y0z
annoyed 10/03/2016 at 4:31 pm
My friend received a phone call today from her ex saying that she had missed the court date to sign the residence order but she wasn't informed of the date by any of the persons involved. she was happy to sign the forms but she had a few discrepancies on the reasoning the father was giving so she wanted to be there to defend her side and correct what wasn't true, the order was signed against her with the judge only having the information from the father. Where does she stand on the matter and will she have a chance to be able to rectify what was said, she knows the outcome will be the same but the father made her out to be awful and she is worried that this will affect the chance of her ever getting her children to live with her again.
ann.w.88 01/03/2016 at 9:46 pm
Hi I am seeking advise on a residency order that was granted to my partner in 2014 for our 2 children. At this time I was just out of rehab for an alcohol addiction and I took a mental breakdown so social services asked me to leave the family home voluntarily. I lived with my parents for a year and a half in which time social services advisesd my partner to apply for residency. Myself and partner decided to call it a day on our relationship and focus on the kids separately and because of that decision we were discharged from social services. Since then we have gave things another go and we couldn't be happier being reunited as a family unit, We want to have the residency order cancelled but are unsure how to go about it and really don't want involvement from social services again, I have been abstenent from alcohol for 2 years and mentally in a much better place. Can you advise please? Thankyou
Fizz 27/02/2016 at 11:59 pm
I have a 8 yr old Daughter who's father I agreed in court every days holidays her father asked for. Over time he has bullied me and took over more and more times I'm loosing out constantly He refuses to swap weekends whith his if he has had her on my time.
A wasn't married n we splitvup because of his controlling abuse

I have had a few mental problems in my past and he uses them to blackmail n bully me
I've told him to stop booking things on my weekend and if he has then to swap. He just does what he wants with her and says I haven't a clue!!!! Could I refuse him accesses until we can agree fairness rights. I've never stopped him any time but him and his abusive family are taking more and more of my daughter and me time

What can I do. I'm scared he will bring up all my past problems if I go and see a Solisitors

PleSe give me some advise x
Loulou 25/02/2016 at 6:48 pm
Me and my ex has 3 children. He has reisdency order I live in Ireland and he lives in the UK my daughter is 11 years old and she texts me saying she wants to live with me my ex has people after him after the car crash does both parents need to sign the reisdency order
LawAndParents Editor 19/02/2016 at 11:05 am
Your current partner could apply for legal guardianship and you could detail your wishes in a Will. You might like to seek professional legal advice to make sure that it is all done properly.
S 17/02/2016 at 8:11 pm
I split up with my daughter's father early on in my pregnancy with her due to him being abusive. I moved back to my family and he moved back to his, about 4 or 5 hours drive apart. He hardly sees or speaks to her, he's only seen her once in the last two and a half years and only spoken to her on the phone a handful of times.
I have a new partner who I have been with since my daughter was about one and a half (she's five now). We live together and have a baby who was born last year. My daughter calls my partner 'daddy' by her own choice.
Her biological dad is on her birth certificate and so has parental responsibility. I worry that if anything happened to me, then her real dad may be given custody of her over my partner and she would potentially be moved to the other side of the country away from the man she calls 'daddy', her brother and other close family members who she currently sees frequently. What is the likelihood of this happening? And what legal steps could I take to prevent it?
Butterfly 16/02/2016 at 10:09 pm
Me and my ex partner have been spilt a year we have a 2 year old son together. Our son lives with me. He has been having his son overnight every second weekend since we spilt. I go to work the weekend he has our son and my daughter goes to her dads, my sons father is now trying to make me swap weekends saying its down to me to sort with work and he won't pay Csa if I don't swap.. Where do I stand?
LawAndParents Editor 16/02/2016 at 2:32 pm
It's usually fine to take a child on holiday within the same country at a time when you would normally have contact anyway. It's most courteous to advise the mother first though.
LawAndParents Editor 16/02/2016 at 10:14 am
Try the Family Rights Group helpline: 0808 801 0366 or visit their website here. If you want to complain about the way your care case has been handled, you could do so here
LawAndParents Editor 15/02/2016 at 12:30 pm
The courts will investigate the circumstances and will probably request additional reports from other organisations before making any decision. Even if additional contact is granted to the mother, it's unlikely she will be given full residency.
confused 14/02/2016 at 8:34 pm
If a mother has residency over a child and the father only has access can the father take the child on holiday during his access periods without the mothers permission or knowledge within the same country?
lisa 14/02/2016 at 5:29 am
My 2children have been in foster care for 5years,last year they got put on a residence order I saw them often,a new social worker came along n contact stopped. I was told the kids were getin too upset, but it was cause they missed me,but s.worker said this werent the case. Ihavent seen them for a year,until ladt week my daugjter whos 12 got to me via facebook,n she loves me n misses me so much n desperately wants to see me. Shes been naughty at school n had to b moved,she stays 5mins away from me and my other daughter whos 7 is still in the same place but without her sister. I have no parental responsibility sp theres nothing I can do I feel so helpless. My 12 yr olds I pad got taken off het now she cant contact me. Im in a better place now completely different in every way. But ive tried contactin the s.worker and had no reply at al,left numerous texes,fone messages,and emails but heard nothin back. Ive 4 people who have wrote leyters stating my good character etc. im realy concerned but not able to do anything. Is there some approach I could take to put me in the right directipn to apply for them being returned h ome to me? Or is it at all possible that they could be returned home although theyre on a residence order
DC 12/02/2016 at 2:12 pm
I have full residency of my 2 year old daughter she has been solely with me since she was 10 weeks,her mum gets 2 hours every other week supervised contact at a centre and her mum has only attended 12 hours in 2 years,her mum is taking me back to court asking for full residency ,which i know is ridiculous she has alcohol and mental health issues,but my question is can a residency be taken from one parent without there being a legal reason i.e child faces risk of harm
LawAndParents Editor 11/02/2016 at 9:37 am
If your ex is jailed, you can request fully residency from the courts for the period of time he's in prison.
LawAndParents Editor 10/02/2016 at 11:57 am
Yes, a name change does not affect social services involvement.
LawAndParents Editor 09/02/2016 at 11:50 am
Sorry it's not clear who has what from the way this question is phrased. Can you clarify.
rjslt love 09/02/2016 at 1:39 am
hi my son dad as a resident order for my son and he on bail but he got found giltey at court for d,v and need go back in April and i dont no what right i have over my son i have him most of the time from wensdays till sunday ever week am scared my son will go in foster care and i will not see him can eney help me on what i can do to get my son back home with me
mel 08/02/2016 at 6:47 pm
hi I just wanted some advice I recently changed my childs name can social services still be involved with my child as his under a different name ///thank you
LawAndParents Editor 08/02/2016 at 2:28 pm
He might want to consider going back to court for a full residency order or to ensure that the existing order is fulfilled properly. The courts might order an investigation with social services or the police to establish more details of the partner's criminal record and the mother's mental health problems.
Will 07/02/2016 at 11:42 am
Hi in 2013 me n my ex wife got residence order for my son n her stepson also while this was going on I got a parental responsibility agreement issued with only my name on it im we got divorced last year and she is saying she has pr over my son im wondering if the pr agreement overrules the residence order please help
Helpless Gma 06/02/2016 at 10:57 am
My son has a court order and has his son Fri-Mon one week and overnight Fri the next and so on. His ex has mental health issues (which were divulged by her before court hearing). Prior to court order it was 50/50 but she suddenly decided to withhold contact. She has a partner and a child by him. Lately my grandson has not been wanting to go back to his mother and has been telling my son things that are beginning to scare him. He is unable to voice his concerns with his ex due to her mental state and is afraid she'd withhold again. He has just found out that her partner has a criminal record for violence. What can he do?
LawAndParents Editor 03/02/2016 at 12:24 pm
Yes, either you or the children's grandmother can apply to the courts to have the residency order revoked. The details are here.
LawAndParents Editor 03/02/2016 at 10:54 am
That's entirely up to the court. The courts will usually take a 12 year old's views into considertaion. Be sure to put your case forward in a calm, rational manner.
LawAndParents Editor 02/02/2016 at 2:04 pm
We really can't give individual comments on the chances in court as we do not know all the sides of he story. He could do some initial ground work e.g research into other cases to see what success they've had etc
bbygirl 02/02/2016 at 11:39 am
Hi my childrens grandmother has a residency order for them but their back living with me now and im so confused how do I apply to the courts to have the residency order revoked?? Any help would be very appreciated right now
LawAndParents Editor 02/02/2016 at 10:16 am
You should be able to apply for the passport with the documentation you already have especially as the child's father is not on the birth certificate. It's probably worth calling the passport office on 0300 222 0000.
tony 01/02/2016 at 7:41 pm
Will a court in Scotland grant father full custody of 12 year old son if child wishes this?
lisa 01/02/2016 at 1:21 pm
Hi my sisters children had care ordersput on them one is with my parents and the other is with foster career my parents are broken they have done everything they can to get them both at there house social services failed there medical as foster careers they are now saying they are going to court and get an order to also remove the one thats with my parents my mom is devastated is there anything they can apply for to stop this
IMB65 01/02/2016 at 10:42 am
My Partners ex wife does not promote school. One child in being home tutored without any consent or input from dad and we now have the youngest who started secondary school in September with a 50% attendance recorded. They are now issuing a 30 day attendance notice which my husband is happy about, but can he use this to now apply for custody of his youngest? Sadly the middle child has been so conditioned by the mother to hate his Dad because he pushed for him to stay at school.

So in short would he have a good chance in getting custody
CMB help asap 31/01/2016 at 2:09 am
Hi , I have a residency order for my brother and sister they are 5&8 , the reason for this is my mum past away suddenly !.
There farther was never in there lives much and tried every loop hole to take them off me but thankfully they will reside with me till old enough to make there own decisions .
I'm taking them abroad on holiday this June and I was wondering if I have the right to do this ? There was court order stating there father must have contact etc on certain days for so long !
However he got board didn't ring anymore nor bother to physically see them, which then I told him to go bk to courts and change order cause you are letting the children down all the time ,full of false promises which took a massive effect on the children's emotions which his attitude did not change , therefore all phone and physically contact was stopped by myself and protecting the children from rejection!
I need to get the youngest one who is 5 her first passport , here is a list of documents I have all ready:
-child full birth certificate
-mums death certificate
- the full residency order
My sisters father is not on the birth certificate either .
Do I have to contact him about applying for a passport or do I have total rights???
Really stuck plz would look to here your advice on this matter
THANK YOU ALL X
wingnut 30/01/2016 at 8:39 pm
Hi,

Was wondering if you can help, my parents helped my niece out with family trouble, she came to stay temporary with them, buts now wont leave, my parents are both struggling financially because of it, is there anyway we can get her to leave?

Thanks
LawAndParents Editor 28/01/2016 at 2:34 pm
If you have parental responsibility then you have a right to be involved in elements of your daughter's life. If she has previously been staying with you five days per week then her grandparents cannot suddenly prevent this. You might want to consider legal advice, but first give all the details to Citizen's Advice to see if they recommend a suitable agreement to be negotiated via mediation.
bronny 27/01/2016 at 11:42 pm
Ho wondering if anyone can help me out my ex partner is in hospital and has been for 5 weeks and will be for a period of time a was letting his mum and dad have my little girl when ever they wanted bit she stayed with me 5 days a week av no criminal record or ever been in trouble in my life hit parents are rufusing to give me my daughter back now am not sure how it works if my little girls mum is in hospital surely am hit next of kin as hit father were she been for last 5 weeks and every day of hit life
LawAndParents Editor 26/01/2016 at 2:28 pm
You should not need to apply for residency unless there is not an actual "no contact order" in place against your husband. In the circumstances, the courts would not expect mediation to take place. You might be better offer considering an alternative order to prevent contact at all. Complete the child arrangements form C100 and see what the courts advise.
Spadrao 25/01/2016 at 6:37 pm
Hi,
I was victim of a crime from my ex-husband and he's improsioned as a result of it.
Before he was imprisoned social services advised that all contact was cut. He hasn't seen the kids for almost 3 years now.
The kids live with me but I still want to apply for residency, so I have it in writing.
My question is: he's now t allowed to contact me, he's in prison, social services have adviced against contact, do I still need to do mediation? Or can I just send the forms to court? Thank you
Matt 18/01/2016 at 2:36 pm
Can my partner apply for permanent residency to Australia (she is an australian national) without father being in court for the hearing?
Di 18/01/2016 at 9:36 am
Could you please tell me what trouble you can get in for letting a child go see her mum for weekends , she is not suppose to see her mum , my sister as a sgo on my niece and my niece mum only got supervised visits ! But my sister lets my niece stay at her mums Friday till Sunday , I want to no what trouble she can get into for doing this , concerned more then anything
Linda 16/01/2016 at 8:44 pm
My childs name was changed by deed pole yrs ago but her father wont giv his consent for it to be used on her passport.i won a court battle over the name change.is there ne chance i could get the passport without his consent
Cassandra 12/01/2016 at 5:45 pm
Hello,

My ex has just been granted residency of our son. He applied for this as I was planning to move 80miles away with my new partner into a house we have bought, I obviously wanted to take my son, but he court have granted my ex his care residency, as there will be too many new changes for him, and because I work full time and would have to use childcare and my ex not as he is more flexible. We have agreed contact, I want to take my son away for 5 days in May which would be additional, my ex is advising I have to speak to his solicitor. Is this true? That I have to contact them every time? In court it was agreed we would make arrangements via email, I feel like I'm being stopped to take my own son on holiday. And am very annoyed about it, as I feel like a missjucdice was done, as he has a police record also.
LawAndParents Editor 11/01/2016 at 12:39 pm
Can you discuss this with the mother? For example offering to have the child when the mother goes out etc? If not, then you might want to consider applying for full or majority residency via the courts.
Hiz 10/01/2016 at 12:31 pm
Hi, if you have a shared parent order stating that both mother and father have residency. The mother does have the child one extra night a week but it's roughly the same.
Therefore if the mother leaves the child (5) with a babysitter at night repeatedly, until 2am at weekends on her weekend. Does anyone know if the father can stop the mother doing this and offer the care himself (ie have the child overnight at the child's other home with him instead of being left with a babysitter)
Also the mother regularly come back drunk so therefore can not possibly be able to care for the child?
My understanding was that if a shared parent order was in place then the child had to be with either parent?
LawAndParents Editor 05/01/2016 at 10:20 am
We can't give an absolute answer as to whether you would be granted full residency. The courts usually decide in the best interest of the child, based on all the information they are given. If you present your case well, you stand as much chance as the mother. Bear in mind also that the courts may request that you try a mediation service before resorting to court.
Sam 02/01/2016 at 10:35 am
Hi my partner left me on boxing day night completely out of the blue.Thing is it was clearly planned by her thoroughly. As the night she spent away from the house so I could pack she took all our legal documents away, utility contracts,tenancy contracts etc, shes already contacted the council,landlord etc to remove my name from everything and already applied for all the benefits she can, council tax reduction,housing benefit,working and child tax credits!! She had done all this by Tuesday 29th, it's happened for to quickly. She's not allowed me to get my affairs in order so that I had a chance to live near my son. She did all of it in front of her mum,dad,aunty,cousins and our son!! She's refusing to let me spend time alone with him, I've done nothing wrong,always been a good dad and provided for both of them! What's worse is I now know that her child support network isn't there! And I'm worried that my son will not have any stability growing up. Do I have a chance of getting primary residency if I can prove I can provide better for my son and give him more stability?
Clint 24/12/2015 at 7:09 pm
My ex girlfriend handed over the 3 Childeren to due to her drug habit, she has barley seen them since of had them Iv had my Childeren just over a year and would like to me to have full control of the Ver my Childeren, with the mother seen them every other weekend she also has enter child witch he was looking Ben with his father and the grandparents but she has now got him back, I don't wish for my Childeren to be in her full time care
Lea78 24/12/2015 at 1:49 pm
Hi please help . My neice came to live with my mum and step granddad 7years ago. They gained a residency order in 2012. Shè never sees her mum altho is in contact via mobile phone although alwàys upsetting her by saying she was and still is a horrible and disruptive child. Since living with my parents she is so stable happy n confident succeeding at school. I cant comment what she was like with my sister as before coming to my parents we wernt allowed to see her. However my mum passed away last night and she for whatever reason is the only applicant on residency order. I have a heart broken neice thats not only lost her nan (basically her mum for 7yrs) but is now breaking down thinking because my dad not listed on her order her biological mum can come take her back . Please answer me with any info that may help. Thank you
kaz 23/12/2015 at 9:31 pm
hi i have residency off my two grandsons now my daughter is demanding the boys back to live with her and the new boyfriend. she is expecting baby number three . social services advised me at the time to go for the residency order by she still has parental responsablity . there are times when she cant be bothered to come see the boys . what should i do next
LawAndParents Editor 21/12/2015 at 12:54 pm
If the father decides to fight this, his most likely step would be to apply for a Prohibited Steps Order. The courts would make a decision on whether to grant it based on all the information they have available, we really can't say what that decision would be as we don't know all the facts.
Loulou 20/12/2015 at 6:28 pm
Hiya ??
Im considering on moving back home to England which would make my life much happier..
I'm born there but my son was born in Northern Ireland which Is where I live..
At the moment, my son sees his dad every month but his Grandmother every week.. Both for a few hours.. His dad has missed several days of not attending the contact centre and yet gets away with it..
Grandmother is there every week..
I have family back home and that's why want to move back, even though my mother lives in Northern Ireland aswel as grandparents.. But I have all my cousins, friends, uncles, dad, brothers..
I know my sons dad and mother will fight this..
But is there any hope of me being able to move back home? Any hope at all?
I will most definitely have the Grandmother attending to court with my sons dad, sticking her nose like she is doing now.. She does everything for her sons so I know it will be me against two..
Has anyone any ideas how I can move back home legally?
Thank you..
bob 17/12/2015 at 2:58 pm
My ex partner i had and on of relationship with for the past 6 year has a residence order over our son that he got after going to a court without me knowing about it i have spoke to the courts and all they can advise me on getting a solicitor i cant afford but wont let me see my son i have not seen him now in 5 weeks and i want to no is there anything i can do to see him with out having to pay loads of money thanks you in advance
LawAndParents Editor 15/12/2015 at 10:41 am
If your ex will not agree to increasing the time you spend with your son, or consider shared residency then you may have to apply for a court order. The courts will investigate your situation, probably recommending a CAFCASS report and will make a decision based on what they consider to be the best interests of your son. The court form to apply for this is form C100. It is probably worth speaking to Citizen's Advice to see if any help is available with legal representation.
Wws 14/12/2015 at 2:37 pm
My ex partner bullied me throughout our entire relationship until I finally had the courage to leave him (he is therefore on the birth certificate as I dare not refuse). Shortly after we split up I had a nervous breakdown and became addicted to drugs. He then applied for a residency order but I carried on seeing my son on a regular basis. I cleaned up my act over three years ago and just want proper access to my son, however my ex partner is making this as difficult as possible since my son (now aged 9, nearly 10) accused his step mother of abuse, both verbal and physical. He told me he is being bullied by them both and on top of that they have moved out of the town to a village knowing I have no transport so I now have to pay a minimum of £10 to see him, sometimes up to £30. I hate to see my son so unhappy and just want to help him. Please advise me.
LawAndParents Editor 07/12/2015 at 2:34 pm
You might be better contacting social services or seeking this contact via the court rather than approaching the grandparent directly.
Lisa'ann 06/12/2015 at 12:56 am
My child was taken on a residence order to his nans for reasons iv not had contact with my son for a few yrs now! Could I go to the hose and ask to speak with the grandad to see if he's going to let me start to build a relationship with my son, and also whilst my son as been in the care off his nan & grandad the nans & my sons father has died!
j 04/12/2015 at 6:53 pm
Hi my mum has an sgo ova my children she is willing to hand them bk in june is she aloud to do this
Thanks
KimckTuffs 03/12/2015 at 8:55 pm
My partner has had residency of his seven year old daughter from a previous relationship for over a year...She is happy settled and has expressed interest in staying with her father and becomes visably by distressed at the thought of returning too her mother who now has decided too try and get her back...Even though social services still say she is a risk too her children and she has admitted that she only wants her kids back for the the bebefit money...Is there any justice in this world that would see my step daughter remain with us where she is obvious settled and not go back too her mother???
Kimbo 28/11/2015 at 9:45 pm
I was made homeless and the father had residency order but then my son was removed from his custody. My son 8 years old now resides with his grandparents..the judge said as soon as I'm sorted and housed .. I come back to court and fight for custody again. I asked judge to give the residency order to grandparents just in case his dad tried to take our son away from his Nan's.. And the judge gave the nan the residency order to nan. He going away on holiday on the 22/12/2015. Yep..he going on holiday over the Christmas holiday but is not coming back b4 school coz the nan is guna live there with my son. My son wants to go on holiday but he really don't want to live there permanently.. And i defo do not want my son to move away.. Please.. I don't no wat to do or say to this except no not at all.. Help please me
LawAndParents Editor 24/11/2015 at 12:56 pm
You may still need the father's consent to double-barrell the surnames. Check with the courts on 020 7947 7772 (Option 5)
Monday to Friday, 9am to 5pm
Nikki 23/11/2015 at 1:18 pm
My daughter gave birth to a daughter last year and at the time they took the father's surname as it is on the birth certificate. They have since split up and he will not allow her to change their daughters surname but can she legally add her surname to make it double barrelled?
Camy 21/11/2015 at 10:32 am
My ex partner mother has a residency order of my 2 daughters and recently the nama wants a d.n.a test done on my youngest but seemingly she needs my permission as i have still got parental rights is this true?
Mila 18/11/2015 at 10:54 am
Hi, I have a four year old daughter, who has at best, irregular contact with her father with whom I share parental responsibility down to the simple fact he is on her birth certificate. My issue is that he has never been stable, been abusive towards me in the past and left the country for the first year and a half of her life. He recently moved back to where we live and now has highly irregular contact with her under his say so. This contact has now become quite unsettling for her as he has no parental skills at all; turns up to pick her up, promises her a day out and leaves in a rage when she doesn't seem interested. My question is; is there a court order or legal document I can get to say that I have the equivalent of sole parental responsibility. Im aware removing PR is pretty much un heard of but would a residency order do the same thing? I need to be able to prevent him from coming in and out of her life erratically, unsettling her.
Mahesh 11/11/2015 at 2:38 pm
Hi.. Actually my uncle has 3 kids, (all under 15). His wife has abandoned him and the kids and flew to another country. Its been already one year. My uncle is facing lots of problem to look after the kids and is desperate. Is there any law that states that a relative (a nephew and his wife) can come over to look after them? as there is no other close relative willing to do it. He does not want his kids to be left on their own or being sent to another shelter as he really loves them. He only wishes that his kids stay with him and have a better future.
John 09/11/2015 at 2:16 pm
Me and my ex have joint custody over our 7 year old girl. I see her 3-4 nights a week which was agreed between us. But every week she refuses to pick her up and drop her off. One week I had her for 12 nights and this week it's already been 4 nights, but still no sign of her. I have asked to change her schools so she is close to me so I do not have to travel across town to take her.l every day. Or for her to pick her up when she is supposed to. She is refusing to do both. Where do I stand on this ?
GREEK 06/11/2015 at 3:33 pm
I have shared residents of my son but after court case couple of years ago she still drinks does drugs she had a new boyfriend who was her ion and crack addict as well as domestic violence involved I took my son and send she couldn't have him back until she got rid of him she got rid of him so I thought so I allowed him to go back then get letter to attend meeting my son was put on child protection she still continues to manipulate me, social services and the system since then there's been more drama and my son was in foster care for 2 nights without my knowledge he's in my care again but she can take him back I get no support from the system she not fit to bring him up in every aspect please help
Anna 01/11/2015 at 9:40 am
I have a residency order for a little girl who isn't my biological granddaughter she was my sons ex girlfriends baby that was taken away from her and given to her mother but she didn't want her and threatened to leave her on socials door if no one picked her up. She was only 3 months old, social phoned me if I could take her which obviously I was happy to do, that was 11 years ago. Now I have had a letter saying that residency order is now called something different and it will be means tested. Does anyone know what the threshold is. We have an income of £23,000 per annum and have a mortgage. We are worried sick.
lauria 25/10/2015 at 2:29 pm
My 15 & 12 year old sons live with their father, who has has a residence order. I have 2 daughters with my current partner, who live with me. Both my sons have expressed a want to live with me for many years, but their dad and mainly his partner say nasty things and tell them they can't. My eldest has told me that his father, who recently started a new job, Is going away to work for 3 weeks, leaving them both with his girlfriend for the entire duration. What are our rights?
nickie 23/10/2015 at 8:09 pm
Hi im the main carer of my two boys 7 and 4 years old.thier dad sees them in weekends n if hes not available for weekends i end up seeing them on weekends we recently had an argue about him not being there for kids and leaving them behind with his partner in his cotact time he sometime dont even come to pick them up but sends his partner for them eventhough we have court orders for that.now hes threatening me that hes going to apply for residency i want to know my grounds.Thanks
LawAndParents Editor 09/10/2015 at 2:12 pm
Apply to the courts using court form C100
ad1 04/10/2015 at 10:55 pm
My mother has a Joint residence order between myself and her and I would like it reversed back to me because my son has disclosed to me physical ,verbal abuse he is very unhappy his school grades have stopped what can I do to go about it and start the ball rolling.
dave 02/10/2015 at 9:56 pm
Hi i have a contact order to see my 2 year old girl every wednesday overnight and every other weekend. Her mum has broken this order time and time again either not showing up or not being there for her to be dropped off, the court has now given her 60 hours community service for it. She then assualted me in mediation and hurt my child which she being charged with a few days later assaulted my mum wnd snatched my child, since then I have found out she is on drugs which the court are testing her for what will happen now ?
LawAndParents Editor 30/09/2015 at 10:16 am
You can apply to the courts for more regular contact...they will however, take a great deal of account of the information provided by social services.
Sam 29/09/2015 at 1:28 am
My child is five years old, his daddy was granted a residency order two years ago through court on the fact I had moved on from our violent relationship and was with a drug and I never showed to court. Social services never brung up in court that there was domestic violence between my sons father and I. Contact was stopped, no phone calls no updates, I never signed passport form for my son to be taken on holiday, he went ahead with choosing his schools, at Xmas and birthdays social services and the father wouldn't let me see him. In January 2015 I seen my son after 4 full months of no contact. They have told me now visits are once a month for a hour, under the fact I do drug tests, counselling, engage in mental health. Do I have mothers rights? How are they able to tell me when I can and can't see my son if they have no contact order ? Just residency, how is it ok for my son to live with daddy who has two failed relationships with children, one before myself, the other children who he doesn't want residency of. I keep going in circles and need my son back home for both our safety
Heather 23/09/2015 at 6:58 pm
I have residency of my child but I'm going on holiday without her! Her dad see's her every other weekend and one night during the week ! I want my mum to care for my child the other days that I should normally have her but while I'm away but he is saying he has full rights for her and is going to take her while I'm on holiday as I am not in the country is this right ? Is there anything I can do to stop him taking her ?
LawAndParents Editor 15/09/2015 at 2:46 pm
If there is currently a court order in place granting residency to the father then you would be in breach of the order by not returning him at the stated times. If you feel you son is in danger in some way then, social services and/or the police should be able to help you with this.
miss d 14/09/2015 at 10:20 pm
Hi my 7 yr old son currently lives with his father who has a residency order. He obtained this 2 years ago, at the time I did not dispute it as I had literally just got out of a mental health hospital due to having a severe bipolar episode brought on by the rape of my 17yr old daughter. Since then I have recovered well and am now fit enough to care for my son. If I thought my son was happy and safe to continue living with his dad I would not necessarily be pushing to re-obtain residency of my son. In two years, his father has changed his school 3 times, took him abroad in term time without my permission, moved him to a pub which he ran, and now his partner who has 2 younger children with my ex has contacted me to say she has left him due to domestic abuse And taken her children with her. She also went on to raise concerns in regards to my sons welfare now that she is not about to care for him. On several occasions over the past 2 months my son has said that he didn't want to go home and is tearful over the whole situation - I've downloaded a C100 form for court but am not sure the steps to take. If I complete the forms required and hand them to the courts - would I be covered if I decide not to return my son to his father after this weekends contact or would this be breaking the law? I'm seriously concerned for my sons welfare and don't know what to do for the best to be honest?
LawAndParents Editor 14/09/2015 at 10:18 am
Does the child's mother have your contact details? If she was aware of your whereabouts she should have asked for your consent before doing this. Usually a court order is required to change a child's name officially without the consent of both parents. Ask her about it first of all. Do you want it changed back to your name? If so, you may have to see action via the courts - a specific issue order would probably be the bes to apply for.
mrslim 12/09/2015 at 12:04 am
Hi
I have not seen my son in 9 years (he is now 10), I pay CSA for him,but have discovered that his mother has changed his surname to hers (while on the birth certificate it is my surname)she has not asked me for permission,I woud like to know my ground on this situation please.
Many Thanks
brown 10/09/2015 at 9:02 pm
my 2 year old son is disabled and i am his full time carer his dad who still lives at home has him every other weekend but is leaving my son with his parents to go out which causes alot of distress to my son and my son has to sleep in the same room as his father as its so cramped. he is now saying he wants him for more days or he will go to court to get it he takes no intrest in his dissabilities or help financially i do it all myself and my sons father doesnt havethe right facilities or time to look after him properly and i work very hard looking after my son will he be able to get his own way and take him more?.
LawAndParents Editor 01/09/2015 at 12:57 pm
If he applies for full residency, the courts will look at all the different aspects of your son's life and make a decision based on his best interests.
kyle 31/08/2015 at 9:59 pm
hi i wanting to no my child has gone on holiday with his dad an because i am phoneing him every day he is saying he is taking me for cusdy would he have a case he 11 years old now
LawAndParents Editor 25/08/2015 at 11:49 am
Just deciding to keep him is not the right approach. You should first discuss it with the child's mother (maybe with the help of a mediator). If you cannot agree, you should apply for a court order for residency. Give all the information you can about your child and the life you can give him. The courts should make a decision based on the best interests of the child.
Fred 22/08/2015 at 10:01 pm
I have my son but go through my ex mum and dad as its just arguements one of her conquests has been in touch and told me my son just eats tinned food or crisps if he moans he get his dummy she spends money on tattoos rather then getting good food in there's always men in and out of my son's life so today I said right I am keeping my son to my ex mum whom I pick my son up from every 2 weeks am I taking the right step hes 2 and a half underdeveloped and still in nappies very slow with his speech and hardly goes to nursery. What do I do ........????? All I want is for my son to be safe and happy.
LawAndParents Editor 19/08/2015 at 10:30 am
It depends on the terms of the order. Were any conditions/terms included? Was the mother given any contact time etc? In theory, she could apply to the courts for residency etc at any time, but the courts would consider the child's interests ahead of those of the mother.
Jasper 18/08/2015 at 10:01 am
We have a residence order for our granddaughter her mum hasn't been in touch for 5 years . Does she still have rights to her.
jojomummy 13/08/2015 at 4:21 pm
Hi, my daughter is 7 and ive had non stop problems with her father threatning to take her from me, ive never denied him contact even tho our daughter doesnt like going, now he has phoned social services on me claiming i dont look after her properly because i didnt bath her the day he picked her up.. he has only seen her 3 times in last 11 months doenst pay me a penny for her.. hes trying to blackmail me and say if i dont put him on birth certificate he will take me court, and then fight for residancy of her.. social services have written report and closed case saying they have no concerns.. i have 3 other children with different fathers... where do i stand please
Hayley30 01/08/2015 at 8:25 pm
Sorry I meant I haven't seen my son for just under a year as his father stopped contact this was because he was sending him over in disgusting condition.and I was ringing my concerns into social services.school even police.just want to know the steps to get his residence order removed as he should never of got my son.
Hayley30 01/08/2015 at 8:16 pm
Hi I have a son who lives with his dad he has a residence order due to domestic violence in both relationship how ever my life has changed my.i also have a daughter living with me and I have proved that I'm capable and meet all her Needs.the question is my son is on child protection for neglect.with past history and the fact I have seen him for a year due to my ex partner stopped it for no reason.do I stand a chance at getting an emergency order.as he is down his grandparents for the summer holidays and the plan that been written up is that he is going back to his dad.i have said I don't want that to happen,as the level of neglect is really bad thanks
parky 25/07/2015 at 1:11 pm
My current partner has 3 children from a previous marriage. Her ex husband has residency of the eldest & we have residency of the other 2. The youngest now says he doesn't want to go to his dads despite numerous attempts to encourage him to go. Now he is threatening to take the matter back to court despite attempts to encourage contact by him taking the youngest & finding why he doesn't want to go. These attempts have failed as he is unwilling to make the effort to speak to his son & encourage him. I am wondering what we can do as I facilitate the handovers & am the 1 who is receiving the verbal abuse because of the situation
mummy1 21/07/2015 at 9:46 pm
I have residence of my daughter she is now 14 her dad has convinced her to stay with him how do I go about getting her back
Ruthey 20/07/2015 at 12:19 pm
My 2 sons paternal family have a residence order, due to domestic. Violence( he was viloent) and I started drinking when social threatened to have my children. Adopted. I ve since had a daughter with someone else have been assessed and have been deemed fit parent. My son has told me he is being abused what right do I have if they are in danger where they are
cdbjmumxxx 17/07/2015 at 5:48 am
My ex husband has been planning on taking custody of our son through means of dirty tricks.all the details of the plan such as informing social services that im a drugdealer&user and an unfit parent who cannot care for my son has been found on text in a mobile phone.his name isnt on birth certificate so where do i stand legally and what can i do to prevent all this before he launches his hate campaign against me?
LawAndParents 16/07/2015 at 11:32 am
The order will have to be registered in Scotland. In order to do this, the court that granted the order must send certain documents to the Court of Session in Edinburgh. Applications to do this are usually quite straight forward and quick.
Lynx 12/07/2015 at 9:23 am
Hi, does a residency order in England count in Scotland please?
LawAndParents Editor 15/07/2015 at 2:44 pm
@sammie. Contact the courts and let them know what has happened and that you have the father's consent. They may simply revoke the order when they have evidence that both parties are in agreement.
Sammie 11/07/2015 at 11:10 pm
Daughters dad got residency due to ill health a couple of years ago Iv been fighting for her back for over a year, daughter dad now agrees she needs to live and be with me and has handed back to me even though he has a residency order what are my steps?
LawAndParents Editor 14/07/2015 at 2:20 pm
@Mum. Yes if there is a residency order in place, the courts can take steps to enforce this.
Mum 09/07/2015 at 9:13 pm
My children are 10 and 12. Their father has residency. Can my children be forcefully removed from my care if they refuse to return to their father and express their wish to stay with me? I cannot afford to return to court.
mel 06/07/2015 at 5:12 pm
My ex-fiancé and I split up because he cheated on me and literally moved out from us. We have two children. I tried for 15 years to make this work between us but was given no choice to end it after he left us. Long story to that as well! He has never been in their lives. He doesn't pay child support. We were never married, but my stupid a-- put his name on their birth certificate and gave my children his last name!! I'm now out of state because we had to move in with my mother at the time of the split. Thank goodness I got married. Now I'm dealing with confused questions about my children's last name, where's the father? and so on. Furthermore, because I have been the one who have been the only one to support, take care of them in so many ways, I feel that they should have my last maiden name. All he has ever been to them is a sperm donor and a few visits here and there. Like once a year for a couple of hours. This is completely unfair and the laws need to reconsider this as the rightful parent to have the last name for owners sake. I don't want to sound like they're property, but I have and still the only parent in their lives. Where are my rights and what do I need to do for surname change. The father will not agree because he feels that is the only means of owning them. BTW, a name is just that. Being a father is supporting them. Not just a name. Totally unfair and it's not right!!!! Please help give me advice on how to fight this injustice situation. I'm sure there are a lot of "us" out there that are dealing with the same thing. There has got to be some circumstances in order to be able to have the father's last name removed...especially if they are never around, and they do not pay child support!!!! Where are my rights????
LawAndParents Editor 24/06/2015 at 12:22 pm
@diesel. Unfortunately the only way to ensure you have a part in your son's life would be to prove that you are the father and to have your name instated on the birth certificate. You would have to do this via the Courts and a DNA test would be requested.
diesel 19/06/2015 at 9:00 pm
I was with a lass for 3 weeks and she fell pregnant we my child she had a wee boy and I had to find out on Facebook and also she has registered the baby under her new partners name and no solicitors down England will help me for legal aid as am in Scotland they will only help if social services or a bad separation can anyone advise me in what to do as really want to be part of my sons life he is now 2 weeks old
LawAndParents Editor 11/06/2015 at 2:28 pm
@Jax. Is there any way you can check the terms of the court order? It may be that you could have this sorted out without having to go through the whole court process.
jax 08/06/2015 at 2:48 pm
My mum was given Temp Residence order of my 2 children 8 yrs ago.Due to my mental health state (suffered a mental breakdown)Order also stated that we both have equal parental rights.If after seeking proffessional help and are capable emotionally + physically , then they could return back to me. Providing my mum was also 100% I was recovered + fully stable.---- 4 yrs ago.she allowed my son home at 15/16 yrs old.However, she still has my daughter.aged now 14.She has been begging + pleading to be back home with me for last 3 yrs.my mum states "she wants her life back".We are both in agreement that I am more than capable to be her mum 100% again.as my daughter resides at my home for weeks at a time.has her own room / etc. ** MY QUESTION IS THIS.?? **Can my daughter just move back in with me as all in agreement its for best interest to all parties.ordo I have to take my mum through court to ask for residence order to be reversed/ discharged / varied.????PLEASE HELP.As its causing verbal friction between my daughter + my mum :/Thank you in advanceAppreciate any help to resolution.(( jax )
LawAndParents Editor 08/06/2015 at 9:58 am
@Rossco. Unless you have agreed specific times for contact then you cannot simply turn up to school to pick up your child. You should discuss this with your ex if your son has expressed a wish to spend more time with you. You can then produce a formal agreement via a mediation service or the courts so the school and any other parties know when you're due to collect him etc.
Rossco 03/06/2015 at 6:01 pm
My ex partner has residency and is saying that therefore I'm not allowed to pick my son up from school and she has told the school so even though my son wants me to collect him. I still have parental responsibility as does she. Can you just clarify for me please..
td 27/05/2015 at 6:00 pm
There is a residency order in favour of my ex and my 2 children age 15 and 13, live with him most of the week. My children have been expressing that they are not happy at there dad's. He threatens then, verbally attacks them. They have had enough and want come home to me. If they decided not to go back to him this weekend, what could happen with respects to the order.
Mysh 25/05/2015 at 11:21 am
I was wondering can a brother or a sister apply for a residence order?? My mother has been hitting her kids, social services took them into care but returned them home Monday past, by Thursday I had the oldest come running to mine she's done it again, she was only home 2 days and back in care, this would b the only way to keep her safe if they send her home today! Someone help me please!!!!
Martin 21/05/2015 at 8:40 pm
Hi, myself and my excuse partner split after 6 years together and had a son together. Long story short, she began favouring alcohol and drugs as opposed to taking care of our boy. Eventually her mother stepped in and gained a residency order, she did tell me her intentions and I assumed it'd be a drawn out process that would take a while. Little did I know, I arrived for my son the next weekend to find out she had been granted the order. After a relatively routined couple of years the relationship I had with my ex mother inlaw soured, fairly quickly and is now beyond repair. She has since refused me contact with my son, I haven't seen him since February this year. She sighted I was harassing her, which is completely untrue. She also said she wasn't happy with the things my son would tell her once I returned him home yet, she refused to elaborate on those 'things'. I've reluctantly kept my distance because I've not wanted to strain the situation further and I realise anything I do, I.e shout, knock on her door etc would only have a detrimental effect on my son. I'm now at the point where I'm desperate to see my son but refuse to give in to her whims. She seems to think she has all the right in the world and I have nothing on my side at all.
I need to know of where I go from here in terms of my rights, hers and how I go about getting the order thrown out and bringing my son home to me.
All help will be appreciated.
LawAndParents Editor 22/05/2015 at 9:52 am
@Bucko76. You'd have to apply for a court order for any parental responsibility agreement...it's likely that they will seek the father's opinion or consent.
Bucko76 19/05/2015 at 2:12 pm
I have just married my partner after living with her for 2 years. I have taken on her 6 boys and both me and her want me to have parental responsibility of her children, just in case anything happens. However the childrens father who lives over an hours drive away and only sees them every other weekend is refusing to let it happen. Is there a way round asking for him to agree to the parental responsability if my wife agrees with it and I am the resident carer with her??
LawAndParents Editor 15/05/2015 at 12:29 pm
@evie. This is for you and child's father to agree upon. If you cannot agree, then your ex may have to seek further action via the courts for a Specific Issue Order or shared residency etc.
evie 11/05/2015 at 7:31 pm
I have full residency of my 8yr old son, i wish to move 69 miles away from his dad, I have made arrangements for our son to be taken to him once a fortnite and said i will pay for the petrol for my sons dad to return our son to me at our home and his return journey to his home. he is to pay for collection and return on the 2nd fortnight in the mth and also he can have access during school holidays etc...our son can phone and when internet connected; skpe his dad whenever he wants.
Am I able to do this as My sons dad is kicking up a fuss.

Many thanks
LawAndParents Editor 15/05/2015 at 11:01 am
@kindle22. You can go back to the courts to have the residence order overturned or adapted so you have them more of the time.
kindle22 11/05/2015 at 9:56 am
My ex has a residence order for our 2 children 4 & 6 down to me having little knowledge of my rights at court, I have them every weekend and in holidays. anyway my children both want to live with me and I worry that their dad is not looking after them properly. Is there anything I can do to try and get this residence order changed at all? Really don't know where to go with this and my children are upset not being able to live with me
LawAndParents Editor 13/05/2015 at 12:49 pm
@AMR. unfortunately if he will not cooperate the courts are your only answer. A solictor's letter may be sufficient though.
AMR 08/05/2015 at 11:04 am
Hi, I have a residence order for my son to live with me and see his Dad alternate weekends. However now my son is older (10) I have now agreed for him to see his Dad alternate weeks because I felt that he was struggling trying not to show allegiance to one of us. This has worked quite well. I have told my Ex I am taking my son on holiday and my boyfriend (of 2 years, does not live with me) is coming with his son. As has happened probably for every holiday he has said he will not return my sons passport and said I need to go to court to get it back.

What can I do ? I dont want to go to court.
LawAndParents Editor 30/04/2015 at 2:02 pm
@Red. Speak to your LEA. Location should not be an issue once a child already has a place in a school.
Red 25/04/2015 at 6:44 pm
My wife and I are separated and she and my teenage daughter are living in a different school zone with my oldest daughter. My daughter is attending school in that school zone and has been for a couple of years. Recent bullying events against my daughter seem to have grown into the bully's parents questioning my daughter's right to attend her current school so a district cop and a school official stopped by last night and scared the babysitter. She of coarse did not let them in and called my son in law for instructions. After calling the school district, he found out what they were there for and said the babysitter was doing the right thing. I know that they were asked to verify my daughter's residency there, even after an affidavit was signed and is on file with the school. We consider this a form of harassment and really don't want to allow them in even though we know what they want. What are our rights and what should my wife do now?
I am trying to be supportive so I am asking for any help that can be provided. It will be greatly appreciated.
Sal 19/04/2015 at 5:32 pm
My children live with the father frm last year due to me havein health problem dueing that time I still seen them everyday and take them in the holiday and weekend to mine my son is 5 his ok and was happy about it as am still their 24/7 they moved to London I drive up and down take them to school put them to bed and so on
The father morther has forced me to get into a relationship with the child farther if I don't then she would stop all access to me seeing my children
Am very upset and as far as my children know we are together and its a happy home in the children eyes.
I have told the farther that it's wrong and I want my children to move back with me in Milton keynes as he is now workin everyday 50 hours or more a week works nights sleep all day
He has said that I can't take the children and if I do then his gona come to mine beat me and take the children off me and even said he will kill me and that he knows everyone on mk and if am not in mine his gona put a call out and get people to find me in Milton keynes and beat me and take my children off me and he doesn't care if I call the police his not scared of them
He said if I get a place in London he will be happy to allow me to take the kids
Bt if I take them to Milton Keynes then am a dead girl
I at the age of 10 whiteness my sister get beaten up and so on and was unable to live in Milton keynes and was forced to move to another town with her daughter who still at the age of 14 goes to Weekly counciling
I don't want my children to experience what my sister and her daughter witnesses
Am suffering from emotional and mental abouse which will lead to violence if I dare to take my kids back
My place is unsafe in milton keynes the whole area is unsafe
I need to get rehouse close to my children school so that I can keep my children still in a stable condition and keep them busy by goin to the same school
My question is will tower hamlet help me get rehouse into their area as my children are oready in the area and in a happy schrool
LawAndParents Editor 21/04/2015 at 11:34 am
@Andy. Can you make a calendar/diary with the next 6months worth of weekends? Make an agreement which you both sign. If you want to swap weekends make sure an agreement is made and signed so that a record is kept and there's no confusion. If your ex won't cooperate, you could try using a mediation service, with a court order as your last resort.
Andy 18/04/2015 at 5:49 am
I have shared residence of my daughter and my ex and I have alternate weekends. This has worked well until last night when my ex called me becoming abusive because I hadn't picked my daughter up, I explained it wasn't my weekend and my ex insists that it is, there is some confusion as we split the holidays and my ex switched weekends during the holiday, however we never agreed to switch weekends during term time. I know it isn't our weekend because my wife works alternate weekends. My ex is now trying to swap permanently and I'm not going to agree to having my daughter every weekend that my wife is working as we enjoy spending time as a family. Am I going to have to enforce the court order through the court now? I've tried to reason with her but she's not willing to be reasonable.
LawAndParents Editor 15/04/2015 at 1:59 pm
@lovett194. There's nothing to prevent your ex from applying for one, but if you contest it, the courts will consider split residency etc.
lovett194 14/04/2015 at 2:03 pm
hi.....quick question....me and my partner have now been seperated gor 8 months...we have a 2 1/2 year old daughter together. however recently there was an issue where she arrived to collect her and as she was slightly irate i refused to hand my daughter back until she had calmed (as I didn't want my daughter witnessing this) ?she has told me she will be applying for a residency order....can she just do this ??? i have never said i am taking my daughter away and have always paid for her since we split. also im on the birth certificate....help
LawAndParents Editor 14/04/2015 at 12:43 pm
@john44. She can apply, but the courts might refuse this on the basis of what you've explained.
john44 11/04/2015 at 10:07 pm
I wonder if anybody can give me advice. I have a child arrangements order for residence of my 14 month old son since January 2015, I took my sons mother to court for shared but was granted full due to child protection plan in place on him and his other siblings before he was born. the mother has only just got the plan removed from her other children and now she on about taking me back to court for residence of my son, which I really don't know how due to the reasons the court said they removed him from her.
does anybody know if she can do this ?
LawAndParents Editor 13/04/2015 at 11:31 am
@Slim. Your consent will be required before your ex can take your daughter on holiday. If he decides to push the issue you can apply for a prohibitive steps order to prevent him taking her abroad. You automatically have residency as the mother and in the absence of any other arrangements.
Slim 10/04/2015 at 1:08 am
I seperated from my husband over 2 years ago now and our daughter has always lived with me and mainly financially supported by me . He basically married me to get his residency and passport, had a hidden bank account and I do not trust him. He asked to take our daughter to Africa last year to see his family, where GFM is legal, and I refused. He is not consistent with her care, forgets to give her medication (asthma), feed her appropriately and weeks can go by before he inquires how she is. His behaviour has been noted over the years by her nursery/ school teachers and family support workers.
I want to apply for a residency order as he sees her once a week or fortnight but only when I contact him. She loves him, she has a right to see him and I have never blocked access but neither do I want to be naive. He communicates minimally with me but has been telling my friends of his plans for her. I wish to prevent him from taking her from all the stability and family here. How do I do this?
LawAndParents Editor 09/04/2015 at 2:31 pm
@Jenny. There have been several cases involving this that indicate that you should be able to contact your child in an emergency. However, if there is someone else who can get in touch with your child or you can talk by phone that would be sufficient, so you would not need to be informed of an address. If you want to take your son on holiday, you should get your partner's consent.
Jenny 08/04/2015 at 10:51 pm
Hi, Need some advice! Me and my ex have a residence order in place in favour of my ex as he is a school teacher and teachers at our sons school so my our son resides with him during school week and with me during the weekends and holidays. My ex had moved house without telling me (still in London) our son let it slip. I have asked him for his home address just to have so I know where he is staying but he refuses ect. Am I not entitled to know where our son is living during the week? He is saying it's not necessary for me to know which I personally think it's ridiculous. Also I would like to take my son on holiday for 5 days to turkey during the summer holidays do I need permission from his father and the courts to do so? Would really appreciate the advice
LawAndParents Editor 08/04/2015 at 2:25 pm
@Tetley. You would need to apply for a residency order to do this (more information is here . Another option is to speak with the father (if you can) and see if shared residency would be an option, so as not to disrupt the children's stability.
Tetley 06/04/2015 at 8:28 pm
Hi. Long story short.... My ex got residency order nearly 8 yrs ago. I was really un well living in a woman's refuge. My kids going to their fathers was the right decision at that time. I was just wondering (if my kids wanted to) how I would go about getting them back living with me ? I see them every weekend & loads on school holidays.

Thank you
LawAndParents Editor 08/04/2015 at 10:37 am
@Dan. It should not make a big difference, but the courts will make the final decision based on what they consider to be in the best interests of the child.
dan 05/04/2015 at 8:52 am
Hi my partner and I split in january 2014. Through social work and child protection my son came to reside with me in aug 2014. Through the mac metting process my ex was giving time to sort her self out and prove her fitness of a parent. She would not engage with this process and told them to go away,so they did. The outcome of the last mac meeting was my son resides with me. I have been advised to go for a resedence order whitch I am doing now,my ex is now aware of this and is going to sign her parental rights over to her mother. Will this have any affect on the resedence order.
LawAndParents Editor 07/04/2015 at 12:07 pm
@Ashed. Your partner could take this to the courts to apply for increasing residency, but he would need some help. Ask at the Citizen's Advice Bureau.
ashed 01/04/2015 at 8:44 pm
My partner split with his ex over a year ago, it wasn't by choice of my partner, she wanted him gone so got together with her family and made false accusations. He has learning difficulty and is being assessed for adhd and when faced with the accusations He was told that if he didn't plead guilty he would not see his kids. She got a residence order, a molestation order and the house all with lies. He had to move to a different city. The order says we have the kids every other weekend but in reality we have them 4 days a week, she pays nothing towards us looking after them and still expects us to clothe them etc, we have them when they are ill too because she says she has appointments or plans, he has to take them to dentist appointments etc in the town where she lives. she uses the kids against him a lot, knowing he would do anything for them. How can we get all the accusations overturned and at least joint residence?
ltowns 31/03/2015 at 10:06 pm
Hey, can a residency order be issued without both parents being made aware it is happening?
LawAndParents Editor 01/04/2015 at 10:25 am
@malc. The courts will probably advise you on a date, but in the circumstances, if you were granted full care/residency, then it would be most likely to start almost immediately. If social services are involved they will be able to assist you in this.
malc 28/03/2015 at 9:08 pm
Social services are takeing my ex to court to apply to take the kids off her for naglect they think im a good person to have my children in my care so if the court grant this next week when would this happen would it be that day or arranged for another day would thry go and take the children straight away thank you
LawAndParents Editor 31/03/2015 at 12:08 pm
@David. You can give her a copy of your residency order or she can ask the courts for one. This shouldn't be a problem for you as it will simply reinforce your position as the parent with full residency. Her reasons for wanting shared residency etc.do not seem as though they are for the best interests of the children from the way you've described it.
david 27/03/2015 at 10:54 am
I'm a father to 2 children and have a residency order for them which I was granted around 5 years ago. My ex partner is having trouble with her living arrangements (not my problem) and has requested that I share residency with her so she can get a bigger council house but not to share financial or parental responsibility. I refused as it's not problem. She now claims it's her right as their mother she has half of the residency but I have 100% of the residency. She is now taking it further with the citizens advice bureau. She has requested a copy of the residency that I have. Is she entitled to a copy or can I refuse?
LawAndParents Editor 27/03/2015 at 2:41 pm
@Worried1. The courts will make a decision based on the best interests of your niece. They may ask for reports from other parties such as school, social services etc.
worried1 25/03/2015 at 12:11 pm
My parents gained residency of my niece almost 9 years ago, my niece still has contact with my sister but she has never financially contributed to her upbringing nor played a very active part.
My sister has now fallen out with the family and is threatening to go to court and try and get her back.
As you can image my parents are devastated, as they have worked so very hard to provide her with the life so deserves.
What is the like hood of her being successful, especially as she has shown no interest previously.
LawAndParents Editor 25/03/2015 at 10:46 am
@rachel. They could challenge this, it would be for the courts to decide based on what they considered would be in the interests of your daughter.
LawAndParents Editor 25/03/2015 at 10:44 am
@Ashton. You'd need to seek legal advice on this. Unfortunately we cannot advise as we do not know enough about the circumstances, eg the whereabouts of parents, other relations etc.
Rachel 22/03/2015 at 10:14 am
Hi, I am getting married in May and then moving to where my partner lives which is about 80 miles from were I live currently. My daughters father has no contact but there is a court order in place that states I am to make my daughter available for collection for the grandparents to have contact every other Sunday from 10 til 2. I will not be stopping contact and I am prepared to change contact to once a month for 8 hours rather than twice a month for 4 hours so that it would be easier for them and less travelling... Would they have any grounds to challenge this or indeed stop me from moving?
LawAndParents Editor 25/03/2015 at 10:37 am
@Sabz. Your best option would be to try both legal help and social workers is in the area in which your ex and your son are living. Bear in mind, if the child is happy where he is at the moment, the most the courts may grant might be a shared residency option in which case you need to consider the practicality of living 200 miles away.
sabz 22/03/2015 at 2:01 am
Hi this may be a bit confusing but I need help!!
My sons Dad was granted a residency order without me ever being served papers bcoz he told courts he didnt know where I stayed (which is a lie!)
Is there any chance I xould contest this? Ive tried talking to solicitors but because I stay 200miles away from where the case would be held they dont want to get involved.
The only reason my sons Dad got my little boy was his paternal gran asked to have him for 2wks holiday (while I was led to believe his dad was in jail) I agreed only to find out his dad was out. Told me I wasnt gettin my son back without a fight, and bcoz its a civil matter police wouldnt do anything, left my son with his dad!
My local social work suggested I contact social work in my sons area but honesty dont know!

Any help would be appreciated.
LawAndParents Editor 18/03/2015 at 12:59 pm
@Hughesey. Court should always be a last resort. Could you send him a note saying that you do not want to go back to court but will do so if this kind of thing continues? Can you also ask the school to double check with you before allowing your ex to take your son out of normal school hours etc? If you wish to continue with an application to the courts this is the form to use and this is the accompanying booklet.
Hughesey 16/03/2015 at 11:50 am
I was awarded a Child Residence Order for my 5 year old son back in 2013 which means the father is only allowed contact with my son during the restricted times given (Friday 3:30pm - Sunday 9:30 am during school time). The Father took my child out of school (without my permission at 12:00pm and outside of his restricted times), which means he has breached this residence order, who do I report this to? Do I need to contact my Solicitor or do I go straight to the court who granted it, and if so do I have to pay?
LawAndParents Editor 18/03/2015 at 11:45 am
@Nik. Your best option is to try and make some mutually acceptable arrangements (possibly via mediation). If you think he is going to apply for joint residency then you can state your side of the case in court, there would be no sense in you both applying for a residency order at the same time. Remember always to consider what's best for your daughter (who may also need her father around), rather than what would make you feel better though.
Nik 16/03/2015 at 1:23 am
My daughter is 5 weeks old I did not name her father on birth certificate as I don't want him & his controlling family dictating my life. I've given him access at my house he refuses to pay what she's entitled too & since I've asked has now decided he wants joint custody he's seen her for 3 hours in 5 weeks! I was advised to apply for a residency order, before he takes me to court. Would I benefit from this? Thanks
LawAndParents Editor 09/03/2015 at 11:24 am
@confused. If he doesn't have already have a court order for the younger child he would have to apply to court for a residency order. You have not said what arrangements are in place for the younger child in terms of contact/visitation rights. If there is a court order in place that covers this already, then contact the courts (and/or police) for breach of court order if the father keeps the child for longer.
confused 04/03/2015 at 10:28 pm
Hi, I have two children my eldest I have got a residency order for but my youngest child I dont. They both have the same father.he threatens to take the youngest one an I am feared because don't know what to do. Can he do this if the eldest child has set contact with father during week days at his mother's house an was set by court. I don't know what my rights arefor my youngest an if police would be of any help if it come to this please could you help with advise.
LawAndParents Editor 05/03/2015 at 11:03 am
@Amie. It's unusual for an adoption to be reversed. To establish whether your partner's son can have contact with his siblings you would need to contact social services and/or the relevant adoption agency/service. Try The British Adoption and Fostering Society for more information.
LawAndParents Editor 04/03/2015 at 1:00 pm
@Fathersneedhelp. Yes, refuse to allow this. You could apply to the courts for a residency order - the courts will decide based on the circumstances and will see that your daughter is doing well. At the age of 12/13 the courts may also take your daughter's wishes into account. Alternatively, do nothing. Your ex may then need to apply for a court order herself.
Amie 02/03/2015 at 6:43 am
My partner had parental responsibility given to him 3 years ago, in which time his son came to live with us and has settled into a happy healthy little boy, the problem is his mother has come back into his life after 3 years and is having contact with him of a weekend in his grandparents. She has never had him live with her as he was living with them up untill he came to us. It's to my partners discretion if contact is made but he wants to see her to which we agreed. Big problem Is that her other two children went into care around the same time and we got told they had been adopted, now her family are saying that they are going to get them back and he will have contact, wether it's true or not we don't know, is there anyway we could apply for contact between our son & his siblings without there involvement? They're not a nice family and she only ever wanted them children so it may cause an issue? I don't know where to start thanks
FatherneedsHelp 28/02/2015 at 11:58 pm
My daughter was born in 2002, her mother could not cope with the stresses of motherhood so left when she was 2. I have looked after and raised her (as a single dad) to be a fine young lady. She's excelling at school and leads a fairly content life.
As her mother agreed for me to take residency of our daughter I opted not to get an residency order. Now after 10 years, she wants to take our daughter back. Is there anything I can do to stop her?
LawAndParents Editor 25/02/2015 at 10:26 am
@Mat. We don't know your circumstances but the courts will look at what's in the children's best interests. If you are sure that this is then you should present all the facts calmly. Social services may be able to help you with the application if they feel you are a suitable alternative for the children. The court order currently costs £215 and you may be entitled to some help with legal costs. Ask at Citizen's Advice Bureau or seek a solicitor who offers a free half first consultation for more advice on how to proceed.
mat 22/02/2015 at 10:05 pm
My ex partner has been donë for child neglect she is an alcholic and missed numerous supervised contacts my son who is seven wants to live with me and my daughter is nearly 2 so she doesnt kno whats goin on,there residing with me at the moment what arë the chances of me getting a residency and how much will it cost thanks
LawAndParents Editor 20/02/2015 at 12:05 pm
@Ash. There's nothing to prevent the father applying for a residence order, but the courts will look at all the information surrounding your children and the efforts you've been making to establish a stable environment for them before making a decision.
Ash 18/02/2015 at 3:30 pm
I have 4 children all under the age of 13. My oldest is 12,youngest 17 month. My 12&9 year old girls are living at my mothers not even 5mins away from me and my ex partner has my 3&17month old sons due to me having a fight at my front door due to provoction,i understand it was a bad thing to do while kids were at home I deeply regret it.i got out of prison after 3 days to find my kids were seperated due to social work saying I was a danger.this is not a usual issue it was totaly out of carctor,previously 4/5 year ago when I was still in a relashionshop with my ex we had the kids moved to his mothers on a voluntry basis due to myself and fathers abuse towards myself and drug missuse and and fathers police convictions, it ended up that I fought to ge them bak while dad went and made more kids with other woman. They have been home the past 3half year and I have been sole carrer and provider due to the fact dad made a new life and ended up not having very much contact with any of the kids. But january.17th 2015 he has had them for on a voulunty basis it is down to a family arrangment but sw are assesing me and due to the nature of my incodent with the fight and it is up at high court I think they are putting it over that the kids wont be home anytime soon,and I am dookng everything I can benifts appointments keeping stable on my medication but first formal meeting was 17 feb and I feel like theres no light at end tunnel and very worried dad is going to put in for residancy even tho he has advised he wants my kids home.aswell as my mother wants me to get all 4 them too. I have an advocate to support me and solicitor advice but sometimes I feel like the have to tread carefully around me and that is very uncomfy. Can dad put in for a resadancy order even if I am doing all to have my kids home. Worried mum.
LawAndParents Editor 17/02/2015 at 10:49 am
@Stressed. Unfortunately this sounds like a case where the courts, child welfare etc been involved & we do not have full details to offer valuable help. Perhaps one of our readers can help with their experiences?
Stressed! 15/02/2015 at 9:42 am
My child has been forced to see her father through courts since she's been born she is now 3 years old , unwilling to have contact they have tried contact centre , outwith a contact centre now put it back in a contact centre it is extremely affecting her physical and mental health the courts don't care how this is affecting the child just keep saying she needs to be in his life the relationship ended due to putting his hands round my throat , to which he then threatened to stab baby as he didn't want anything to with baby or pay for baby he didn't want to see then presumed through courts . It's absolutely shocking I don't know why they call it a child welfare hearing as it's clearly not in the child's best interests , what are my rights as to protecting my daughter ? Anyone help ?
LawAndParents Editor 13/02/2015 at 12:59 pm
@Lawtoperherpartner. She would need to go back to the courts to establish herself as the parent with care.
lawtoper her partner 11/02/2015 at 11:17 am
Hi my daughter and her partner separated for 12 weeks he got a residency order because my daughter was not well enough to respond at the time then they went to mediation and into court and they both an you tell me if the order still stand even though the have been a decision in front of a court to have reconcile and live together as a family with their two children since then my daughter as been with her partner for four years and has had another child, now after all this they have broken up and my daughter dose not want to go back she has the two boys and the baby for 5 days and he as the boys only on week ends how ever her partner is holding her to ransom because he said he still as the residence order in place she has got a new home in anther town but she is frightened he may stop her moving on can you tell me if the residence order was squashed when they went to court and had joint custody
LawAndParents Editor 13/02/2015 at 12:53 pm
@Na. It depends on the nature of the order, the type of legal document and the mental state of your daughter etc so we can't really say for sure.
Na 11/02/2015 at 10:12 am
I have residence order and parental responsiblty for my granddaughter can the her mother sign legal document or does it have to be myself
LawAndParents Editor 10/02/2015 at 10:23 am
@JB. He can bring it to the attention of the courts, they will have the power to request any further reports from the police and any other authorities.
Jb 05/02/2015 at 6:32 pm
My son has a residency order for his two kids. His ex partners mother wants her boyfriend to see the kids but the decree states he is not to be there. She is taking it back to court but due to his violent past I don't think it is in the kids best interest. Can my son request a police report on the boyfriend as he committed domestic violence against kids mum but she always withdraws her statement but I need evedence so I can keep my kids safe. Is it possible to request this report and if so, how do I do it?
LawAndParents Editor 09/02/2015 at 2:35 pm
@Kirsty 23/0289. Yes if you take the form to the Citizens Advice Bureau, somebody should be able to help you complete it.
kirsty 23/0289 05/02/2015 at 1:24 pm
I suffers dv which made me quite poorly then when my son was born my mum applied for residency which at the time I hadnt been given a chance to go against it didnt even no court dates anyway in the past couple of years my mum has let me have him (for weeks over night sometimes) then wen we have a disagreement she stops all contact I've tried a number of times to ask social services to help me but they say they can't 'coz there no longer involved I should apply to the courts for it to be sorted I have got the papers to. Fill in but I haven't got a clue where start is there anyone I can get help and advise apart from s solicitor thanks
Mags 28/01/2015 at 8:39 pm
My son was awarded residency of his daughter 5 yrs ago but he is not named on birth certificate. Her birth was registered in Scotland, how would he go about getting his name added to birth certificate 7 years after her birth. He has no contact with child's mother.
LawAndParents Editor 30/01/2015 at 11:00 am
@Peggy. They may well do a DBS check but it doesn't sound as though it's been recorded, and it's not the type of offence that should realistically affect your residency order.
Peggy 28/01/2015 at 1:52 pm
Hi there I am in the process of my grandson coming to live with me under residency order they goin to do a disclosure on me I am scared as 7 months ago I stole sample perfume from boots. police were called I essentially charged but got a warning from prosecuter saying he give me warning and if I done it again I would go on record help please
LawAndParents Editor 28/01/2015 at 2:42 pm
@Sjh88. If you have doubts about your daughter's safety then you could apply for a injunction/restraining order. But if not, then there's not a great deal you can do if your daughter's father wants contact etc. Use your judgement and consider what's best for her.
sjh88 26/01/2015 at 10:37 pm
Hello.
I need some help/advice... Over 2years ago me and my ex separated. We could not agree on contact so I went to a solicitor for help to arrange things in black and white.. he did not respond to any of the letters and since have not heard anything from him.. he is on the birth certificate and I understand parental responsibility however I have since got with a new partner and have a new child and my daughter has taken it upon herself to call him dad.. my daughter is 3 coming 4 years in a couple of months and for the last 2 years has only known my new partner as a father figure.. just recently my ex has attempted to make contact but I am uncertain of his state of mind as I know he is now a drug user. I don't know where I stand as no orders were passed in court and I am worried what it would do to my daughter if he actually reappears. . Please help
LawAndParents Editor 27/01/2015 at 12:55 pm
@Florence. The police should at least contact the father to ensure your daughter is OK - were they not unduly concerned that she was not answering her phone? Try the school, family, friends etc. Then go back to the police and express your concerns.
Florence 25/01/2015 at 5:58 pm
Hi i have had mediation and got an agreement between me n my ex. It's all been going well until I went to pick her up today at 4pm. Apparently she doesn't want to come home I spoke to her this morning and she sounded fine, and up for coming home and said she missed me. I've since tried to call her and tx her but heard nothing. She's 8 years old and I'm really worried. I've contacted police but they can't do anything as we don't have a court order. Any advice please? Thanks
LawAndParents Editor 12/01/2015 at 2:37 pm
@bloke. You could fight the residency order or requested shared access etc. This needs to be settled in court or via mediation if your ex is not sticking to your exsiting mutual agreement.
bloke 10/01/2015 at 11:10 am
so me and the ex had an arguement now shes using my daughter as a weapon and stopping me seeing her. we have a mutual agreement over my visiting days and maintenance now she telling me shes getting a resdidential order on my child, should i be worried? had anyone else had this before?
LawAndParents Editor 19/12/2014 at 1:50 pm
@Fran. You should really get the permission of your ex partner for this.
Fran 18/12/2014 at 6:44 pm
I have a residency order for my daughter and my ex partner has a contact order. Can I alive permission for my father to take her to Belgium for 4 days without any further permission?
Sue 16/12/2014 at 10:09 pm
My 18yr old daughter got pregnant by her then boyfriend, and as soon as he found out, he didn`t want to know, and broke up with her, leaving her quite devestated and vunerable. So my daughter got back with her previous boyfriend who has stood by her and supported her throughout her pregnancy and birth and are very happy together. But the father keeps coming to our house uninvited and thinks he has the right to see his daughter and attempts to put conditions on when he can see her. and it upsets me and my daughter as he is very unreliable and controlling, and has told so many lies. How does my daughter stand in a situation like this? My daughter does not want his name on the birth certificate.
LawAndParents Editor 15/12/2014 at 12:22 pm
@Tink. It's usual that a court order would be obtained, even if it was just an emergency protection order.
Tink 14/12/2014 at 7:06 pm
Hi I'm izzy social services turned up at my house a week ago and told me that they want my daughter to stay with her father and I'm not allowed to see her can they do this without a court order x
Andrea1811 11/12/2014 at 7:38 pm
hi Amy, is your daughter the only child you have. if not, do your other children currently live with you. I had a very similar situation a few years ago x
LawAndParents Editor 10/12/2014 at 10:06 am
@Amy. You will need to apply to the courts to have the existing residency order turned over. Ask at the Citizen's Advice Bureau or seek advice from a solicitor (the first half hour consultation is usually free of charge).
amy 09/12/2014 at 2:45 am
Hi my parents got a residence order of my daughter when she was a baby shes 3 now, i have regular contact with her and i want to get her back living with me. But my mum and dad want her to stay living with them. Things are bad between my mum & i which actually resulted in her assaulting me infront of my daughter. I need to get my daughter back with me but i just don't know how. Can i revoke the residence order? And how and what do i need to do x
LawAndParents Editor 09/12/2014 at 10:40 am
@Sara Short. You need to ask social services (a) for the reason the children have been returned (b) whether you need to make new arrangements regarding contact with the father.
sara Short 08/12/2014 at 4:31 pm
I like advice to where I stand my kids dad has had residencey order 4 yrs ago but jan 2014 social sevices give my children back I got nothing written down I very uncertin if dad can just come and take thm back
kymmy 27/11/2014 at 6:27 pm
My mother currently has a residence order for my child, I do not automatically have parental responsibility because she was born before dec 2003 and I was not married to the mother. My mother has agreed for my child to live with but I need to gain parental responsibility. Once I gain parental responsibility will the residence order be discharged or will that have to be applied for? If I have parental responsility and my mother still has residency will she be able to take the child away? Am I best applying for a residence order instead or parental responsibility?
LawAndParents Editor 25/11/2014 at 12:43 pm
@Bobby. You are correct in that a residency order would make things clearer in the event of a break up. Trying to get a written agreement via a mediator might be a good initial first step though.
LawAndParents Editor 24/11/2014 at 2:15 pm
@vanilla. If you already have plans agreed via mediation for the father's access days then there's no reason to apply for residency order.
Bobby 24/11/2014 at 11:57 am
My partner and I had a baby 7 months ago. We all live at my house and I pay all the bills. My son has everything he needs including his own room etc. My partner has told me she is going to move out and rent a flat. She believes my son will automatically go with her. I hope I have a case for him to stay with me. As a minimum I would like 50/50 custody and believe her to be a great mother. I fear that without obtaining a residency order, she may take him from me at any time she feels. Then I have a long drawn out time trying to gain access to my son. Please advise?
LawAndParents Editor 25/11/2014 at 12:40 pm
@Ascher. Were there any specific conditions in the court ruling about who pays for her to visit the fun centres? If not, you should come to mutual agreement if you can. Perhaps you could try do alternate visits - e.g.sometimes to one nearer to her home and sometimes nearer to yours?
Ascher 24/11/2014 at 10:30 am
Hi

I have an residence order for my three children due to neglect & violence towards them from their Mother. The court granted her access once a month in a fun centre in our home town. She moved quite far away with a new boyfriend who used to drive her to the venues. She has split with him and is expecting me at great expense to take the children to her once a month. I would think she would have to get the court ruling changed, but would we have to travel as it was her choice as an adult to move away.

Thanks
LawAndParents Editor 25/11/2014 at 12:37 pm
@sweet pea. Check the terms of your residence order. A residence order would usually last until the age of 16 years unless exceptional circumstances meant that is was extended beyond that age. There is nothing to stop you from continuing to support and be responsible for your grandchild however.
Sweet pea 24/11/2014 at 10:07 am
Hello, I would like advice re: my grandson. I have a residence order since he was 2 and he is now 15 and will be 16 in March. There is no specific age on the RO as to when it ends. With the school leaving age being raised to 18 now, will this mean that I won't be responsible for him after he's 16 and how will this fit in with his education or training? Thank you
Gav 14/11/2014 at 2:13 am
I split with my partner in February 14 ( 9months ago)
She has caused nothing but chaos the whole time !
I have my son who is 3yo 5/6 nights a week,
She tried to take me for CSA claiming i only have my son 52 NIGHTS A YEAR !
I appealed this and won and was told I could get it from her, I didn't do it as money isn't what's important to me.
I have also won a mandatory decision by HMRC and have been awarded the child benefits etc.
My ex still tries to stop me seeing my son, and she also threatens to call the police to take him away from me etc whenever she isn't happy with me for taking the benefits back.
To help you understand I do not work and am receiving income support, I was self employed for 4 years before seperating, but now cannot work for myself due to raising my son,
My ex works full time still and as stated sees our son for 1/2 nights a week and is claiming benefits such as child care etc that she shouldn't be as max is with me and not at nursery etc.

How do I stand, and what is my best course of action? Please help me it's greatly appreciated.
I never thought things would wind up like this ??
LawAndParents Editor 12/11/2014 at 11:35 am
@Campbyt1985. Unfortunately this would be for the courts to decide. There is nothing to prevent you from trying and using all the information you have described to help your case.
Camyt1985 11/11/2014 at 12:55 am
I am currently in a residence dispute through the courts with my ex partner for my disabled son. Today there was a child protection case conference at which he was put on the at risk register. My question is with the report as evidence and the fact I am going to be putting in a complaint of domestic violence against her coupled with the fact she was recently charged with possession of cannabis am I able to get interim residence whilst the investigations are ongoing with my ex and the fact she has in the social works words "unsuitable" people around my vulnerable son? I am at my wits end as the social work are continuing to put my son in a risky environment
Nora Nylon Editor 12/11/2014 at 10:53 am
@Dotty. Is the father's name on the birth certificate? If so he has automatic parental responsibility. This does not give him residency rights etc but if he wants to make contact in the future you would have to come to some arrangements about how much or little contact he gets (via the courts if necessary).
Dotty 10/11/2014 at 9:45 pm
Hi just want some advice really my daughter and her ex split up when she was 5 months pregnant with her child. He has had nothing to do with this child and has no PR over the child would she be able to get a residency order in place just in case he ever try's to contact her regarding contact Thanks
milliemouse Editor 30/10/2014 at 11:22 am
@jacqui. You could always try and apply for the residence order to be overturned in your favour now that you have recovered from your PND?
jacqui 27/10/2014 at 10:13 pm
Hi im just wanting some advice on a residence order between me and my daughters dad now i ended up.losing residence due to incompetent caffcass officer who would listen to anything i had to say in my defence and i lost my daughter over the fact of the choice of caffcass officer and because i had postnatal depression when my daughter was born due to stress of arguments between my family and my daughters dad and with the way he treated me to. Now i have contact with my daughter for last 5 years, but i am worried over my daughters health as she has atopic eczma she has had this from year old and as years have passed its gotten to the point where she is that bad she wouldnt got in bath or have cream on it would take me hours to get her in bath and cream on with how sore she was. All i ever got from her dad that anything to do with her health wasnt my concern and didnt need know what doctors she was under. After a year i finaly found out which doctors she was at and according to her dad the doctors wouldnt refre my daughter to dermatology doctor. It got to the point where she was that bad and crying at my she wanted help i took her to out of hours this year where the doctor was disusted at state she was in so she send me and my daughter up to childrens ward where i got question on her health and who she resided which and why she this bad. After 4 hours the doctors made a report off which was to be sent to social service and i got a copy of this for her to get social worker , i ran social service myself next day but they wouldnt do anything or take it throughter.
Now i have managed to get my daughter into dermotlogy which gave her creams and bandages she clared up over this summer and was happy for first time in 6 years. She has been doing well until 4 weeks ago i had to ring out hours as she was complaining of being sore below and i git her some cream and doctor said if she wasnt better within 2 days she had see her doctor i passed this onto her dad and didnt see her again for 6 days when i went to pick my daughter up from school 6 days later she was in pain and bleeding below so i took her a and e and someone checked her over and gave her medication for water infection. The next day i took it upon myself to cobtact social service for second time in 5 months as i was realy concerned with state she was in and doctor didnt know why she was bleeding so another doctor checked her and that was it social have just pushed it to one side again and she still suffering. I dont know what else to do for her as no one will help her. If someone could help or give adivice that would be great
LawAndParents Editor 24/10/2014 at 10:36 am
@wandee. There is nothing to stop you from applying for a residency order if your daughter will agree to it. The courts will then decide what is best for your grandson.
Wandee 21/10/2014 at 11:13 pm
My daughter asked me to look after my grandson has she had lost her temper few days later social services asked me to keep him on a possible long term foster. He has been with me four weeks now, is it possible for me to apply for residency order for him. He is 5 needs security and not to be wondering if one of these people turning up seeing him are going to take him away. His father is not around not on birth certificate, just wondered what I can do, how I stand legally, to help my poor confused, scared little grandson. Any help or advice would be brilliant thank you.
LawAndParents Editor 21/10/2014 at 10:54 am
@berkadee. Your solicitor is the best person who can help with this. If the care order was for 3 years, then your mother should not be able to act outside of that order. Do you retain Parental Responsibility for your daughter in conjunction with your mother? If so you could try and obtain a prohibitive steps order to prevent the child being taken out of the country - you will get a chance to voice your concerns to the court if that happens.
confuseddad 20/10/2014 at 11:12 am
My child will be 16 soon, and he wants to come and live with me when he is. I have trawled the internet, but can only find advice for when the child is under 16. What steps do i need to take, which authorities do i need to inform etc.? His mother also gets DLA allowance as he has ADHD, so i would probably have to contact more than the usual departments i imagine. Many thanks in advance.
Bekadee 19/10/2014 at 3:00 am
Hi my mum got a residence order out on my daughter when she was 3months old I already have social services involved as my mam put me in care when I was 14, I was in a violent relationship and couldn't cope at the time, the order states it's for 3 yrs but my mam seems to think otherwise I've been to all the parenting classes and I wasn't deemed a risk to my child, but my ex was. I have gotten a non-molestation order out on my ex so he can't have contact with either my daughter our me (this was to protect us both)... My mam text me last night saying she wanted to adopt my daughter she's 3 Xmas day, I've Ben to see a solicitor and they found out my mam did a private court hearing, which is why child services didn't stay involved and won't speak to me now, my mam leaves the country in 3 weeks with my daughter for a holiday but I really don't trust her, but my solicitor did find a loop hole in the order where I can get my daughter back but the problem I have is my mam will use everything against yes I was put in care because I was 14 stupid drank a lot and room drugs after a year of been in care I changed my life round and when I was 16 I fell in love with my ex (my daughters father) it was fine until we found out we were having a girl then everything change dramatically, I was to afraid to tell anyone what had happen to and it took me until the beginning of the year to tell anyone, (my mam went through the same with my dad) my mam didn't believe me and she has told social I am doing this to get my daughter back, I actually told social I wanted to get my life on track before getting my daughter back, so I got put on medication and I started college for the first time (I'm 20) I feel myself again and I had my daughter for visitation 2 weeks ago (the order states 3 days a week, my mam change that) and she cried in my arms and said she wanted to come home with mammy, that shattered my heart into a billion pieces... I need help ASAP I don't trust this woman and I don't trust her leaving the country with my baby, solicitor won't help and neither with social I don't have anyone to help me normally I would turn to my mam but I can't this time... Please can anyone help me at all? TIA x
LawAndParents Editor 10/10/2014 at 10:29 am
@desperatemum. What a sad situation to be in. Do you live close to your mum? Could you move near to her and enter into some kind of shared care arrangement? Why not talk to your social worker about this as you will also need to consider the girls' stability and routine - they have lived with your mother for the past 3 years after all.
desperate mum 10/10/2014 at 9:19 am
My children live with my mum under a residence order for 3 yrs threw domestic violence since then i have done all my parent classes an worked close with the social services. To prove i love my children an there all that matters to me i also had another child in this period which social services monitered an was happy to release us from there care an left speaking very highly of me an was impressed with my life i turned around i now want my 3 children to return to my care to live fulltime with me an tjere younger brother.I was excited an realy high hopes until i mentioned this to my mum as so was very distraught. That i said this an said i would put her into very bad financial debt that sje cldnt which shattered me i know its not the money thats important its my kids but i so desperatly want my girls an cant bare the thought of doing this to my mum after everything shes done for my kids all the nights my children cried to sleep the nightmares the love an care she as given them she as done her best to give my girls everything to try an make there lifes comforting but since the day they were removed i worked hard day by day to get my kids back but now im broken as i dunt want my mum to struggle financialy an b in debt but i want my kids back please any info desperate for advice
LawAndParents Editor 26/09/2014 at 9:47 am
@Tom. There's no black and white ruling on this. The courts look at things from all angles and are then supposed to make a decision to do what is best for the child.
Tom 25/09/2014 at 7:58 am
Hi, my ex wife has my daughter (7) living with her. We had a good arrangement for contact but recently she has flipped and changed everything and wont allow me to see her other than every other weekend now (it was originally every half term holiday plus a week in the summer hols as well as every other weekend). I am having a mediation assessment to see if i can take it to court for a contact order. However she is constantly being left in the care of her half sister (15) while her mother goes out and some of the things ive seen on social networking sites posted by the 15 year old make me wonder whther i should look for a residence order for my daughter instead. What grounds would the court grant a residence order to the father over the mother please? Is it worth me pursuing this or just stick with the contact order for now?
Thanks
LawAndParents Editor 24/09/2014 at 12:17 pm
@hellokitty. When you say 'How will that affect me' - in what way do you mean? If in the future she wants to come back to live with you, you can ask the courts to reverse/change the residency order.
hello kitty 23/09/2014 at 2:13 pm
Hi i have a daughter who is 14 and she has decided to live with my ex partner and his wife and they're trying for a residence order how will that affect me and what happens later on in life if she changes her mind at some point.
LawAndParents Editor 17/09/2014 at 12:01 pm
@Mandy. If she is under 16 you would have to apply for a residency order yourself. Be prepared to go to court and to have social services involved as they may have to find out about your home, your family etc. The decision will then rest with the judge.
Mandy 15/09/2014 at 2:22 pm
Hi I want to ask a question please and hope someone can help. My daughters friend was taken from her abusive parents and she wanted to come to live with me and my family which we all said she would be welcome. Because she was at another friends at the time she had to stop there even though she said she wanted to come and live with us. Now the friends parents have a residency order so she has to stay there. The problem is that shes getting accused of stuff all the time, she had to give up a job as the friend was getting less hrs and less pay than the girl im on about, so the mother made her lose her job. She says its like living at home again with all the hassle. Is there anyway I can get her to be able to live with us like she want and we wanted her to do in the first place. The girl im on about deserves a happy home and when shes here there is always laughter between her and my daughter (they went to school together and are great friends). Could someone please help me as she is so unhappy. I am a bit worried about her as she is so down all the time apart from being in my home. Thank you
LawAndParents Editor 17/09/2014 at 10:02 am
@NA68. That's your decision really. From your point of view it may be worth just waiting. If your son's father decides to pursue it - it could take that long anyway!
NA68 14/09/2014 at 11:10 am
Hi, I have already been to see a solicitor (Got the half hour free consultation) with regards to a residence order. My son wants to come back to live with me and his half sisters (I'm mum) He is not getting on at home with his dad and step mum and now has stress related illnesses. Solicitor said due to his age my son can come back (15) as he would have a say in the matter.One thing I forgot to ask, his Res order runs out in 9 months is there any point paying out for a solicitor and the court fees to get it changed. I know dad will try to fight this as he won't like the fact he will loose our sons Child benefit etc. Or can we just leave it. My son is adamant he wants to live with us and he has been seeing a school councillor about all this for past year. (something I wasn't aware of).
fx82 11/09/2014 at 4:07 pm
My daughter has been living with her grandma for almost 2 years since her mothet passed away.I agreed to the resifency order at the time as I felt I could not offer her enough and that more could be provided.however since then,I have maintained weekly contact at least twice a week and stayover at my partners house, have gotten married,and have bought a house,qnd have a secure job.I have to deal with discipline,and homework issues as she doesnt listen to her grandma who is severely depressed and I am worried that my daughter is taking the same mentality as she never really goes out to play or go to the park which is what I do with her and my daughter is bonding with me more now and has said she would like to live with me and my wife in our house.I just know my daughter is nmissing out on so much.Can I apply for residency order for my daughter to live with me or have the current one ammendwd or overturned?
Edney 08/09/2014 at 10:26 am
Hi, my wife and I have been separated for 6 months. (I have been staying with family since the separation) We have a Son who is nearly 2 years old. I have tried to see my Son but my ex has only let me see him 3 times in the last 6 months and would not let me take him overnight, which I agreed to so not to antagonise her. She and my Son have now moved out of the marital home but she is refusing to communicate with me and has not given me a forwarding address. I have phoned, texted and emailed but I am being completely ignored and have no idea where my Son is or if he is ok! Someone advised my to apply for a residence or contact order but with no address for my ex I am not sure how it could be served. Is there any legal way I can get access to my Son or find out where he is? Not sure what to do next..
LawAndParents Editor 08/09/2014 at 12:25 pm
@becks. You would have to apply to the courts to get the existing residency order changed/overturned. As your son is now 12, his opinion would be taken into account.
Becks 04/09/2014 at 10:04 pm
My two boys live with my ex wife and have been subject to physical abuse by her ex so has she she currantly has a restraining order in him as she has another to kids by him. My oldest is 12 in a month and wants to live with me had enough of the "soap opera " he has with his mother she has a resadancey order in place how will it be possable for him to live with me
LawAndParents Editor 05/09/2014 at 11:26 am
@Tom. Sorry to hear about this situation you're in. Could you go ask to go and stay with your nan for a week or two (rather than saying it's for good)? That way, your mum can get to see a solicitor and work out whether to try to get residence order for you to stay with her/at your nan's. You haven't said how old you are but once you're over 12, the courts will take your wishes in account.
Tom 04/09/2014 at 2:28 pm
Please help, I live with my dad and step mum. I'm so unhappy they leave me out of every thing. They even sent me to my grans so they could take my little brothers on holiday, I don't get to go on day trips with them as they do everything when I'm at school, I want to live with my nan who I lived with when I was little, I'd see my mum more too. My mum and nan are happy for me to live with my nan as I'd still go to the same school but I know dad won't as he has a residence order for me and claims my money, can I just go to my nans or will dad call police. Mum’s trying to get advice from a solicitor but can't see one till next week but I want to move out now. Please help me.
LawAndParents Editor 03/09/2014 at 2:03 pm
@Reece 12. Yes you can. She could apply to court to force you to return though. Think very carefully before making the decision to leave home before you are financially and emotionally secure enough to support yourself.
Reece12 02/09/2014 at 8:58 pm
My Grandmother has a residence order over me, when I turn 16 in January am I allowed to leave home without her consent, or at all?
Daz 30/08/2014 at 3:06 am
My daughter was placed with her maternal grandmother 7 years ago she is now 10 years old. I had great difficulty in getting regular access I was lead to believe social services removed my daughter but recently found out that my daughter was placed with grandmother as she was my child.
My ex had another child she said was mine but after 6 years and a DNA I found out she is not mine.
Since then I have not been allowed access since June. Now I have a solicitor for access my ex has removed my child from her grandmother and stolen her during the school holidays.
I am now settled and a business man my daughter would like to reside with me and my partner . what would you suggest.
I had regular weekly access to my daughter then as time went on the grandmother reduced the access as my daughter was becoming close to us.
LawAndParents Editor 29/08/2014 at 2:40 pm
@brooke. As parents with parental responsibility you both have a duty to ensure your child is safe and have a stake in his upbringing. Therefore both you and your ex should be willing to share any address where your son with be staying. If your ex decides to take you to court for preventing the visitation rights then a court would probably force him to provide you with the address anyway. He most likely knows this so stick to your guns.
brooke 28/08/2014 at 5:57 pm
Hi. Need some advice I have residency order in place for both of my children. There father has visitation rights once a week. He has recently moved house and I only knew as my five year old informed me after the last visit. He is refusing to give me his new address. Where do I stand with this as I'm unhappy about not knowing where he lives and the children are going. The residency order is in place due to threats of taking the children. Thanks
LawAndParents Editor 26/08/2014 at 2:30 pm
@bubbles18 - you can apply to court to get the residency order changed.
bubbles118 25/08/2014 at 4:36 pm
my son went to live with my mother at 18months as i was only 15 having him and in a very destructive relationship with his father and it was safer for him to be there. she applied and gained a residency order (im not sure of the specifics of this). he is now 13 (nearly 14) and expressed his wishes to come and live with me, his step dad(who ive been married to for the last 10yrs) and his younger brother (same father). he has been with us now for nearly 2 weeks but my mother is making things very difficult. where do i stand with the residency order. he has made his feelings very clear including the school he wants to go to (he has a place at a different school to his brother which was chosen by my mother and hes not happy). I dont know what to do? she is claiming all the child tax credits etc while i have an extra mouth to feed and clothe with no extra financial help. Can i change his school (hes due to start a new school in september, yr9).
Concerned parent 13/08/2014 at 12:08 am
How can I find out if my ex has a residency order in place?
cherry 04/08/2014 at 7:30 am
Can anyone tell me why as legal aid been stopped regarding residence and contact.My daughter can't claim any legal aid she isn't working.She asked for mediation and got a big fat no of the father. She feels as she is letting her daughter down by not being able a afford a solicitor and the father is using a ssolicitor. His the father going to get the better of her.s.s are involved and cafcas. Who is supporting my daughter am at a total loss ! If I had the money I would give it her without any hesitation.
cherry 04/08/2014 at 2:54 am
Hiya rusty just read your cry for help my daughter is in the same situation as you.she is broken. On Friday the 1st August he took her to court for residence wanting my daughter to just give her up.my granddaughter hates my daughter's partner who she as known since she was 18 months.who as always been good to her.Then my daughter went through a bad patch.and now holy he'll as broke out ! Her father states my gran daughter as been so emotionally damage my daughter can't get her back.she loves her daughter more than anything so now social services have to do a section 7 and it goes back to court on the 31st August. Until then she can't see her she can only speak to her on the phone.It awful.
LawAndParents Editor 05/08/2014 at 11:55 am
@rusty. Do you have someone you trust who could help and speak on your behalf? See if you can find someone via your GP or a counsellor or maybe a close friend. Good luck
rusty 02/08/2014 at 5:24 pm
I feel so sick at the moment just spent four years in court with my ex partner, I have no solicitor he has had one the whole time, during this time cafcass wrote such a bad report about me it led to a s.37 being done looking at taking my daughter into care, lucky it went ok, the problem was I asked advice at my daughters school that went so wrong and social services had to another report that went bad, They all have said I am harming my daughters wellbeing emotionally, the judge gave him all the contact he wanted, 7 months on he now has taken me back into court saying I am harming her emotionally and wants her to live with him, this is so untrue I cant not get any legal advice as I work part time. he has lied the whole court process my daughter has never been in any danger from me or my grown up children, can anyone help me I am so scared he will get my daughter as he has all the legal representation he needs, all I have is my self for which I can not speak very well for my self that's whats got me into this mess to start with please help me
LawAndParents Editor 18/07/2014 at 2:07 pm
@josie. He has a right to be on the birth certificate if he is the father of the child. If the father wants to share in the upbringing or have shared residency etc, then that would be for the courts to decide.
Josie 17/07/2014 at 7:47 pm
I left when 3 months pregnant,ex boyfriend is demanding to go on birth certificate or will go through the courts.I am worried if I give it he will than try to get residency of baby as he is a controlling guy. Should I ignore his requests or would this go against me if he goes to court?
lol 16/07/2014 at 11:23 am
Hi, I've a shared residence order of my three children. father has them two nights a week. I'm disabled and had to move to a adapted property- which means a further distance to travel to school. I struggle with it and they are constantly late for school. The school suggested I move them nearer to me to help the situation but dad is saying no. They have a place for September in a nearer school but I'm expecting a battle from the ex. Any info or advice PLEASE.
denber 12/07/2014 at 7:15 am
Hi I have a 50/50 share residence order. My ex-partner continue to lie to Social Services. Social Services has forcefully stopped me from having my children and they remained with their mother until they finish their investigation. My ex-partner was founded to have told lies to the police, social services, Police and the court to persuade them to stop me from having my children. Children are now on Protection Plan. What can I do? S.S are not providing details why.
LawAndParents Editor 09/07/2014 at 10:29 am
@ALi. If you daughter is still in f/t education you could try obtaining an extension to the residence order that you had in place - to take it to age 18? Difficult to put in place if your daughter's wishes are that she remain with her father. If you are unsure of your daughter's safety, it is a matter for the authorities though, so you need to discuss this with both your daughter and her father. Is there someone who knows both you and the father who could act as a calm, liaison person to try and sort out an amicable arrangement? Whatever you decide, you need to find some way to ensure your daughter knows that (despite the disagreement) you do love her and want the best for her (not for you). Take care.
Ali 09/07/2014 at 8:18 am
My child is 16,we recently had a disagreement, and her farther contacted me to say ah was an unhappy child and that she was now going to live with him. Within the space if ten days she has changed all her decisions regarding further education, has changed her circle of friends, is residing in a house with dad and another 2 older males, dad smokes illegal substances and has done 25 yrs, my child has become disrespectful, is continually telling fibs, and not taking very good care of herself, she is afraid to say no to her dad, as he can become aggressive in attitude towards her, and stop providing a constant flow of money.
I went to court in 2003, obtained residency order, and my child's legal guardian, the father has no parental responsibility.i have had years of abuse from him mentally and intimiddily physical violence.
While I do not really want to go through the system of social services, I would like some on advice on what my rights are as a parent, I am extremely concerned in regards to her emotional well being and am very aware that mentally she is being manipulated, which she is finding difficult to really understand this fact. I have requested the her dad obtain parental responsibility coupled with a request that he go and have a drug test.
What exactly are my rights in relation to this matter and the best course if action
Kindest regards
Gibbo 04/07/2014 at 3:04 pm
My little girl is 3 and 3 months.. Her "father" hasn't seen her or tried to get in contact regarding his daughter in 2years... She don't know who he is. I have got a residance order in place by the court, and contact was agranged and agreed and he didn't stick to it. Overall since she was born he hasn't been in her life in total for 36months. He don't pay for her, that ain't the issue done It all on my own since she was 3.5month when we split. He naw has a gf and another 2kids and naw moved. He apples for mediation over amonth ago. I go to my appointment then I find out that he didn't go, shows how muh he wants to see his daughter. I want her to have the same surname as me, there's no1 in his family that have his surname, but would I get it with having a court order in place??!
Worriedmummy 25/06/2014 at 11:00 pm
Father has no Parental Responsibility, is addicted to drink and drugs, but I continue to make son available for contact at my flat, so I may supervise. Do I still need a residence order and will they notify my ex of this (as he isn't on the birth certificate - hence no PR) as I am worried of the repercussions. He is also a violent man. Thanks for any help.
keith 25/06/2014 at 9:25 pm
My gran daughter has a contact order to see her son every week and holidays only the father whom has residents order says he his moving to London in four weeks and taking the son with him more then 250 miles away can he do this ?
LawAndParents Editor 06/06/2014 at 10:57 am
@Manda. The parents both have parental responsibility and if they agree amicably about which parent the baby lives with then there is little that the grandmother can do about it (as long as the mother of the baby is over the age of consent).
Manda 05/06/2014 at 10:41 pm
My son is named on his sons birth certificate, he was born last year . This week is ex girlfriend has asked him to have his son living with him . Her mother has kicked up and said this can't happen. If the mother of the baby wants my son to have him, does my son have to do anything to make this legal.
Matty 17/05/2014 at 10:14 am
I have a permanent residence order for my grandson and am moving house the residence order has my current address do I have to notify anyone of my change of address?
lexx 01/04/2014 at 9:25 pm
hi,im turning 16 sunday but my step nanna has a residence over over me,is ot possible that i move back with my mum when im 16?
Louise 24/02/2014 at 11:53 am
Hi me and my girlfriend r splitting up i have looked after my daughter from day 1 she is 16 months old now ive always bought everything 4 er clothes shoes nappies anything she needed . Her mum doesnt buy anything but manages to buy herself new shoes and clothes and go out away weneva she wants . I work shifts but wen im not at work i av my daughter .shes telling me now that i can only have er 2 nites a wk i really want to have er more than this is this goin to b possible she means everything to me .
Harpy8998 06/12/2013 at 12:58 pm
I split from my daughter's father at the beginning of this year and was wondering about obtaining a residency order. There is no immediate worry of anything yet and he's said that she can stay with me but, her father has proven more and more to be unstable and prone to making rash decisions in an instant even if they effect other people. Would I be able to still apply for a residency order to protect myself and daughter in the future as he has little to nothing to do with her at the moment and she is quite settled in her life with me and I worry down the line he may try to disturb that.
eugene 17/10/2013 at 3:15 pm
Im a single parent father of 2 girls since june 2008 now the mum has made false claims to social services & has failed to return girls since 27 august 2013 which is killing me so ive put in for residents order so fingers crossed it goes my way cause all I read is they favour the mum but she aint been there over five years & Payed nothing for there up bringing life is so unfair if the shoe was on the other foot the police would be round to arrest me asap. I just need someone to attend court with me but cant afford the solicitor so please on my knees help is there anybody out there thanks eugene
ladyluck 09/08/2013 at 5:09 pm
hi i am a single parent but my mum has a residence order so that my 7 year old daughter is to live with her until she is 16, I no its my fault as i had a problem with drink and drugs, mostly 2 do with the company i was keeping, ive kicked the drink and drugs on the head and got a house closer to my mums to be able to see my daughter as much as possible and ive cut ties with everybody i ever hung about with, ive got myself sorted and i want my daughter back living with me full time as the arrangement up to now was that i picked my daughter up around 9.30 an the morning and we spent the day 2gether until i brought her back to my mums house around 9pm, now after a long 4 years of trying to get a house closer i have went to a solicitor about getting my daughter back, but now that i told my mum i want to go back to court to get my daughter back first of all she said that my daughter was to be back at her house for dinner everyday and now after another arguement she wont let me see her, i dont no what to do, i love my daughter so much and i hate that things have went like this, does anyone know what my chances are in getting my daughter back and does my mum have the authority to stop me seeing her as she has already threw me out of her house twice this week, desperate mum please help
angel 24/07/2013 at 3:28 pm
I left my violent partner 2 yrs ago..since we have split up he has made life very difficult..he calls me a slag.tramp to my children..he tells my children that they dont have to do as mum ask cause mum is a prick..i have a son to a previous realationship and the farther of the 2 other children calls him names and now my older son and daughter do not get on..my ex partner also has a daughter to a previous realationship and he beat her up quite badly and was sentanced to 20 wks imprisonment..i have stopped all contact with the ex and my children now.it has been 2 mths since contact has stopped.my eldest daughter says she doesn't want to see her dad again after wot hr had done to her sister..i wanted to know if I have grounds to apply for a residancy prefer and supervised vists for my 2 children if they do decide they want to see him .
boydie 24/07/2013 at 11:52 am
We were granted a residence order by the court in scotland,our two grandkids are thriving and well looked after.how difficult is it to revoke as their mum originally decided not to oppose it.social services are very happy wit the way we're bringing up kids their mum has a 3rd child and has custody of him but there is problems with alcohol.kids are 4&2 and we've had them since birth.what actuallyare the rights we have.she see's them once a week suervised access. yours greatfully.
Stephens Nana 16/07/2013 at 8:29 am
Hi Trudy
Your daughter has nothing to worry about. She has offered to make the baby available for contact and that's all she has to do. Taking mothers to court for access is not as easy anymore as there is no legal aid for it. It would cost him thousands to take her to court. So long as she's a good mum and offers contact it's fine no need to worry x
Stephens nana 16/07/2013 at 8:21 am
Hi Mutley
I've been through something similar over the last 18 months.
Firstly your son must be on the childs birth certificate. If he is then he is quite within his rights to have her living with him. He has as much parental responsibility as her mother . Keep records of everything no matter how trivial it seems. Seek legal advise you can go to court to get a prohibited steps order to prevent her mother from taking her from his care. Then you apply for residency the courts will want evidence that she has been left in your sons care and that she is not able to care for her. This can be evidence such as abusive text messages. It might be helpful to get social services involved because they really help when it comes to doing what's best for the child, I don't know what I would have done without them. They will do a section 7 report for the court which holds a lot of weigh basically what ever they recommend the court will go with. I hope this is helpful and good luck x
mutley 16/07/2013 at 8:06 am
at the moment i have my son and his daughter living with me, my son is 25 his daughter is 6. twelve weeks ago i can home from work to find my granddaughter dumped at my house, then a couple of weeks later i had to coll her from a house where drugs were being used. My son wants to apply for a residency order for his daughter to live with him his new partner and the babdy due end of year. We want what is best for her as she is very important. The mother keeps turning up unannounced and screaming and shouting abuse and threatening us. I wld like to know where we stand as this is upsetting my grandaughter and the adults involved.
She has also continued to claim benefits from the gvt for herself and her daughter and none has come to us to help with upkeep. where do we stand?
trudy 16/06/2013 at 7:13 am
my daughters boyfriend is threatening legal action. she is 18 & has a 10 wk old daughter,her &her daughter live with me & my husband.the relationship between them has just broken down & they have split up he wants to take Amelia off on his own for the day but my daughter has said she doesn't want him too but he can come & see her or she will meet him so that he can see his daughter.he has given her £100 since the birth & bought a few nappies 1 box of milk & that's about it .my daughter is scared & upset we don't know what her rights are can you help with any advice please?
paul. 13/07/2012 at 9:37 am
hi daz, im going through a very similar situation, my ex took my chirldren 300 miles away without any conversation.
apparantly we r a bit powerless once they have taken them away, but if we knew wot they were planning then we could have filed a prohibited steps order stopping them leaving,
so were just left with fighting for visits .also they dont have to bring the chirldren to us if they dont agree with this. sorry for the bad news, but have a word with a solisiter just to make sure. As each case can be differant due to personal circumstances. good luck,reguards paul.
tommo 01/07/2012 at 9:46 am
my partner's mum got residency off 3 of her children after a 2 year battle in court. her youngest stayed living with us. after about 8 months off her mother getting residency her 12 year old was dumped on our doorstep with no warning and no contact since before court. we took her in and let the police and child well fair no. and asked child well fair for help as she has anger problems and my partner cant control her. IS MY PARTNER'S MOTHER STILL RESPONSIBLE FOR HER? AND SHOULD SHE BE LIVING WHERE THE COURT SAYS?
THANKS TOMMO
Nasha 07/01/2012 at 10:19 am
how is a residence order ment t be handed out to the respondent

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