[Solved] What is a residency order?

This is a copy of a post made by the childrens legal services in answer to another members post.

In answer to your questions:

A Residence Order states where the child should reside and with who.

1) A Contact Agreement can be made if it is considered necessary. The non-resident parent can ask that Contact provisions be made alongside the Residence Order. A Judge would then make a Contact Order based on the welfare of the children.

2) A Residence Order can only be made at the Courts. Both yourself and the mother would need to be present at the hearing for this application. To apply for a Residence Order you would need to complete a form entitled C100 which can be obtained from your local Family Proceedings Court or from www.justice.gov.uk. There is a fee of £200 for this application. Once you have completed this form you need to hand it back in to the Family Proceedings Court closest to where the child resides and await a hearing.

3) In terms of the child staying overnight at the mothers, this would be dependent on any restrictions the Judge puts in place for contact. If there are no restrictions and if there isn't a Contact Order made, then it is hoped that you and the mother can come to an amicable agreement.

Should you require any further legal advice please do not hesitate to contact us via our webchat facility which can be found at www.childrenslegalcentre.com and is available Monday to Friday 9am to 6pm.

Yours sincerely

Hope this helps