[Solved] Residency order

Hi MrM

I've moved your post to a far busier section where you are much more likely to get some replies.

Hi there MrM

Have you applied to the court for a residency order yet?

If you can give us a little more background, without revealing your identity then we could perhaps give you some more advice. Do you have the support of the Social Services? Do you have regular contact with your child?

If you haven't applied for Residency yet you should have a read of the stickys at the top of the Legal Eagle section . There are three YouTube videos, one about the application and two about the hearings and what to expect. There are also a couple of stickys about representing yourself in court and another about the C100 form which is the form you will need to submit to the court to apply for residency. As there are risk of harm you would also need to fill out a C1a form to tell the court about the risks to your child.

If you are on a low income or benefits you may also be entitled to an exemption from the court fee which would normally be £200, to claim this you would also need to submit form EX160a

Its a long one. I met my ex about 5 years ago, she had an 8 year old daughter, we then had a child who is now 3. We split up about 2 and a bit years ago, I have had full contact with both children since. About 2 years ago she had a caution for neglect. In recent months my "step" daughter (for want of a better phrase) has been complaining that she is carrying alot of the house workload, this has been building for some time, she has to get my daughter ready for school, and the list of things is growing. Now my ex has had a new child, things have gotten alot worse, my step daughter is doing everything around the house, including caring for my daughter and the new baby. There is also quite a bit of phsycological abuse going on from my ex and her new partner, i also suspect domestic abuse between them. He often bad mouths me infront of my daughter. My step daughter wrote down some of the things that has happened to her over the last few months and it was devastating to read, shes jad such a tough time, as such she is angry, upset and her school work has dropped also.With regards to my daughter, she is too young to understand much of whats going on, but i have noticed significant changes in her behaviour, a simple accident, like spilling a drink, before i would get "ooops, sorry" now I get "so sorry daddy, so sorry, ill clean it up" but said with complete terror in her eyes, that is heartbreaking to see. The oldest girls father and I went to social services yesterday and they have assigned a worker to do an assesment, but my confidence in my ex's parenting skills have gone, i just want the girls to be safe and well looked after. I contacted a solicitor and they predicted about £6000 to complete the residence order. Is it particularly difficult to complete the form properly?

That so sad and my heart goes out to you and the children and I hope you are successful. Is the father of the older child also going for residency? It's sad to think the children might all be split up but sometimes it's unavoidable....my son has custody of his boy and he has a half sister that is still with the mother.

The forms are relatively straightforward to complete. Solicitors are so expensive so a lot of dads here have chosen to represent themselves. £6000 sounds at the low end of what it can cost if I'm honest! Some people do all the legwork themselves and then employ a direct access barrister for the final hearing, some use a McKenzie Friend and some do the whole lot themselves.

I belive that he will, but we have never had a problem with one another so comunication won't be a problem. It is sad because they are so close, but I have got to do what is needed. Thanks for the advice, I will look at the forms and see what I can do

Well MrM, whatever help you need you only have to ask and if we can, we will!

Thank you, this is exactly what I needed.

Forgive my naivety but what is a McKenzie friend?

I'll leave NJ to explain that - she can do it far better than any of us 😆

😆 actd you are a one!

A McKenzie Friend is a lay person that supports and assists an LIP (Litigant In Person) in legal proceedings. They can attend court with the Litigant, providing moral support, help with the case papers and statements, they can take notes in court and quietly give advice on any aspect of the case and remind the litigant of things they may have missed out. They can sit in on meetings with the other parties solicitor prior to going into court.

An MF cannot manage a litigants case outside court by signing documents, or make contact with the court or the other parties solicitors on the litigants behalf. They cannot address the court unless a right of audience is obtained ( this doesn't often happen) , make oral submissions or cross examine witnesses.

A litigant who wishes to exercise this right should inform the judge as soon as possible indicating who the MF will be. The proposed MF should produce a short CV or other statement setting out relevant experience, confirming he/she has no personal interest in the case and understands the MFs role and the duty of confidentiality.