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Okay, so my situation as it stands is this...
Since my daughter was born I have raised her pretty much alone. My ex partner suffered with terrible depression and as a result she never formed a bond with our daughter.
She has since moved out, and is now living back at her dads, which is quite a way away from where I currently live with my daughter.
She agrees that our daughter is better off with me, and she knows that she cant cope with it all.
We have remained friends and talk often via text/phone calls.
Until now every decision we have made has been mutual between us both. We wanted to keep it that way for our daughters sake, as well as the fact that we are not enemies and we don't "hate" each other. We agree things didn't work out how we wanted, and that is that.
Anyway, enough rambling.
It has been suggested to me that I should look into getting a Residence Order just to "officially" have it in writing that my daughter is living with me.
I assumed we could just sign a bit of paper or something, but its not that simple apparently and I have been told that I'd have to get a Solicitor and go through court.
So does anyone have any information with regards to this? Like how much it will cost, and anything else.
Much appreciated, thanks for reading.
Legal Aid is not available for residence issues now. If you instructed a solicitor you would have to pay privately and that could be a couple of thousand pounds.
It is a good idea to get a Residence Order, there would be nothing to stop your ex not returning the child after contact. Although given her medical history that is unlikely to happen and if you are friends, an application for an RO could end that friendship. It may be an idea to talk it over with her, suggest that is in the child's best interest that you apply for the RO and it will give stability for you and the child. It does not take any rights away from her as mother. Talking it over with her will help you find out what her reaction is likely to be anyway.
You could make your own Application to Court (C100). There is a fee for this, although if you are on a low income or benefits, you can fill out an EX160 to make an application for exemption from fees. There is information on the site on the C100.
Hi there 🙂
I think its a very good suggestion to talk it through with your ex first and as has been said, you dont need a solicitor to apply for Residency. There are many Dads here that have chosen to self represent so you will gets lots of advice and support should you decide to proceed.
There are some very informative stickys that can be found at the top of the Legal Eagle section, two about representing yourself and one about the C100 form, which is the form you would submit to court to apply for Residence.
Both forms (C100 and EX160a) can be downloaded from the www.justice.gov.uk website.
Best of luck 🙂
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