Why do i need a residence order

Carebear - Mar 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. 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. Chris - Feb PM. I amm in divorce process since December 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. 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? What can I do? Sveta - Dec AM. Kimmie - Dec PM. I need some advice on the residency of my 4 nearly 5 year old daughter.

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 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 Georgie - Nov 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 forno reason. 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 Molly - Oct PM. My husband and I have been divorced since 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 Boo - Oct PM.

My ex husband has a residence order of my son who is nearly 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. Please help me. Kiki - 8-Oct 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..

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 Maddy - Sep 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 Amanda - Aug PM. 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. Approximately four weeks after the residence order application is made, there will be a first hearing.

If there are no significant safeguarding or welfare issues and if the parties can reach agreement you usually have about an hour prior to the hearing to try and agree a residence order by consent then a final order can be made and will usually state where the children live the residence order and how often they spend time with the non-resident parent the contact order.

The child arrangement order may also provide for other specific issues or prohibited steps such as one parent being ordered to ensure that a child attends a regular sporting activity or that a parent shall not move the child from their current school or change their surname.

Parents will sometimes have to prepare a statement outlining why they think the residence of their children needs to be decided by the court with a residence order.

We often find when parents approach us for initial advice or seeking residence orders or contact orders that the underlying problem is communication. I would like to thank her so much and its my way of showing my appreciation for what she did for me and my children. West Midlands. Hello Jeff, and Happy New Year to you. Author and Creator of The Custody Minefield. Jeff Botterill is a highly experienced and technically skilled McKenzie Friend with experience at all levels of court, including appeal.

Such knowledge is essential in more complex cases, as is an ability to help construct effective, fact based and child centered arguments. I am often asked if I can recommend a McKenzie Friend to assist a parent or grandparent in court, and Jeff Botterill is someone whose name I have no hesitation in putting forward. I would recommend Colin Brealey to anyone. Mr N Hampshire. I felt Julie showed great knowledge and understanding of the law and procedures involved in the hearing etc. Her advice and help have been invaluable.

I felt she was professional, easy to approach and to discuss things with. She made me feel almost like I was her only client due to her punctual emails, calls and other work carried out. I used Jeff Botterill as my Mckenzie Friend for my case.

After experiencing the expense of using a solicitor the initial attraction of using a Mckenzie Friend was the price, however the advice and support I received was invaluable. I am now enjoying regular and increasing access to my daughter. Thank you for the notes, and for supporting me like you have over the past few months — We really got the outcome we were hoping for. You do a sterling job, really supported and guided me through the most difficult days and time of my life.

Thank you so much again. Colin and his services are highly commendable. He provides expert insight of superb quality and gives direction in the most advisable and realistic way. From my own personal experience he gave perfect commitment and execution to my legal needs and was always there whatever time to answer my call.

Thank you Colin. I hope you had a good holiday. Carly has advised and been very helpful and supportive. I am awaiting going to court and I know Carly will be helping me all the way. I hope to report later on my result.

I would like to take the time to say a massive thank you to Haleema for your assistance and reassuring support from start to finish with my recent non molestation order against my ex husband. Great advice and knowledge and always responsive to emails and phone calls. Haleema really cares and has a passion for the great work she does. I spent approximately 18 months working with Colin as a McKenzie friend. Before working with Colin I had appointed a solicitor and attended family court on two occasions.

Each of these hearings was confusing and frustrating due to the fact that all communication was done between the solicitors involved. Decisions were made by solicitors based on very little understanding of the facts.

The process was aimed more at fighting the other party than it was at achieving anything positive by way of contact with my daughter. Greater Manchester. Hi Jeff, I just wanted to take the opportunity to thank you for your professionalism and support leading up to and at the final hearing on Wednesday. It was much appreciated. My name is ……. I found myself being arrested by the Metropolitan Police. I was not allowed to live in my own house.

I was cautioned and released from …… Police Station on a common assault charge. A non-molestation order was granted to my Wife in my absence and I was not allowed to go to my own home or see my daughter.

I was not allowed to see my daughter at her school, take her to school or collect her from school. I lost my job as a …… manager at a …………….. I was homeless for …… weeks and my life was hell. Everyone was against me. Police, Social services, School teachers. I was completely demonised, ostracized, and kept completely in the dark about everything that was going on regarding my child and my rights.

Nobody cared or gave a bloody damn about me the father trying to see my child. Good luck for future ventures and proceedings. Kinds regards. Mrs M. Dear Jeff, Thank you very much for the notes and assisting me today. I am so glad that you were with me. You helped me get the result I hoped for. Hi Jeff, Just wanted to say a big thank you regarding overturning her lies had a great time with my daughter for the first time that should not of been prevented in the first place.

Thanks again. After almost four years in the family court system, I ran out of money and was unable to afford a barrister. With Jeff beside me I had the confidence to represent myself in several hearings and I achieved a very good result. Hi Jeff, On behalf of myself and my family We would like to thank you for all of your assistance yesterday. Hi Jeff, I just wanted to say a huge thank you for being there, at the remote court hearing, for me. I felt the most supported in nearly 6 years of attending the family court.

Thank you for your expert guidance, you are clearly well trained and experienced and it is what I needed. You are eloquent but approachable and stopped me feeling overwhelmed by it all. The response from the Judge towards me was much more positive this time and I felt he took more notice as I had you there for me.

I will definitely use you again, should the need arise. Kind regards. I was advised to look for a Mckenzie friend, I found Jeff Botterill.

He was honest, clear and very helpful. He produced brilliant statements and on the day of court he gave me lots of support and guidance. I wish I had found Jeff sooner! Mrs S. The first thing me and my husband said when we got in the car. Thanks Jeff for all the advice and help leading through a tricky set of court cases against the mother of my child who, a solicitor herself was determined to make it as hard as possible to get access to my son.

I originally went through a family law solicitor before a chance conversation lead me to look up McKenzie friends on the net. Not only was the rate substantially more expensive via the solicitor compared to Jeff, but the high level of advice and general passion for the job was obvious from the start with him.

I have no hesitation in recommending Family Law Decisions to anyone who was in the same position as I was and looking to get regular access to their children.

Dear Jeff, Just a quick few lines to thank you again for your support yesterday and the fantastic work you did on our Skeleton Argument. They are direct, clear, and listen to you but also not here to cuddle you. Thanks a million to you guys.

I have no words to express my gratitude. Any parent in trouble please forget solicitor and barrister and just contact them. We would just like to say a massive thank you for everything you have helped us achieve so far. When you called back within a couple of hours and advised us straight away that you would help us complete the complicated court forms, and explained the procedures needed for our application It was such a relief.

You were immediately understanding of our situation and very clear and professional about what needed to be done. The paperwork was submitted to the court within days. On the day of the hearing you were so friendly and supportive, Your professional advice was very much appreciated and allowed us to feel more confident during the hearing, truly I never dreamed a McKenzie Friend could offer so much. I just wanted to say a massive thank you for going into as much detail as you did and giving me open and honest information about my enquiry.

You also did it so quickly and were very accommodating. Truly a pleasant experience and your interpersonal skills really put me at ease. Colin has been a rock for me and his advice and guidance has been flawless throughout. Without his help I could not have reached the agreement and result that has been achieved today. Thank you so much to Colin and Family Law Decisions for helping me conclude what has been the worst two years of my life.

Finally I can move on with my beloved son firmly by my side. The weight that has been lifted from my shoulders today I cannot begin to describe. Once again I am indebted to the support that Colin has given. I am writing this to express my sincere delight, happiness and any other fantastic word you could add of the assistance provided by Mr Colin Brealey regarding my family matters in the county court. I owe part of that to you!!! My Mckenzie friend coached me superbly and we went into court.

From the opening statement from the Barrister more accusations and request for an adjournment. To my relief and contrary to what people stated the magistrates unpicked her motives.

Directed her counsel to agree on a position for contact by midday. The counsel started with supervised contact for a day to more than one day supervised, my Mckenzie friend played hardball we walked out the court with unsupervised for 2 days first month, 4 days next month then Alternative weekends moving forward.

Hi Jeff, I would like to thank you for your assistance in my case. I continue to recommend him to every person who is struggling to see their kids. Thank you for the amazing support and help you have been over the last few years. Have a lovely weekend! I would just like to say a few words on the service you have provided to me and my family.

I found you very professional and caring and I felt you really did listen to me and care. If we can get more kind and caring people like you Carly the world would be an easier place to live in. Hi Jeff, I would just like to thank you for all the help you have given me it has been truly invaluable.

I hope I never have to employ you again, but knowing her I probably will! Following separation it because impossible for me to secure parenting time with my young son.

Jeff has given me more than any solicitor ever could. Jeff Botterill is worth his weight in gold and if you care about your children then you will be a lucky person to have Jeff on your side. As long as you listen to his advice you will stand a fantastic chance of being able to be a good parent to your children. Calling Family Law Decisions was the best decision I ever made. Two days before I was due in court again , I rang Jeff Botterill and immediately, after having chatted at length about my court history, I felt a huge sense of relief knowing that I could now put my future legal battles in the capable hands of Jeff and his colleague Colin Brealey.

Without Jeff would I be seeing my daughter? Probably not. He has many helpful tips on how to deal with the whole situation and provides thorough support I would highly recommend using his services. Hopefully the last time, but you have been warned your numbers are on my speed dial! I have no hesitation in recommending you to anyone in need of sound knowledge, advice and a gentle reminder to behave yourself! Dr Ms C. I was particularly amazed how good he was at multi-tasking whilst I was cross-examining: he took accurate notes, prompted new questions and drafted submissions, all at the same time and equally well.

Representing myself for the first time at a full-day hearing was emotionally difficult, but his help was reassuring and calming.

This was a hugely daunting task but one that I immediately felt was attainable with the help of Colin. Colin gave me the confidence and support that I needed to stand in Court and fight for myself and my children.

I can only describe my marriage and my divorce as something out of a horror movie. My divorce was a hugely complex case, extending over 3 years with countless files of litigation including 2 Non Molestation Orders and an extensive Police chronology.

Colin took it all in his stride and took time to read through the extensive history and made sure he was familiar with all the previous orders and applications. Colin assisted me at all times in the preparation of applications on email and over the phone, and in person at all the numerous hearings. Colin always arrived early prior to the hearings which gave me great comfort as it allowed us time to meet and talk through everything before we went in.

I was always terribly nervous and anxious but Colin was great at calming me and preparing me and focusing me for each hearing, particularly when I was facing counsel.

As well as helping me with all the litigation and hearings. Colin would always contact me to hear how any meetings went with the Police as well as when the children spent time with their appointed guardian. Sadly, my divorce was one of threat and violence.

Colin was, and continued to be, a huge support to me and my family throughout the ongoing proceedings. Colin has a vast knowledge and extensive experience in the legal field. As well as this, Colin has been an emotional support to me through the most painful and traumatic years of my life. I would like to say how supportive Mr Brealey has been in helping me. I did not see a way out of my situation and Colin not only listened to me but explained my options and supported me in court.

He is always happy to offer advice and his continued expertise has been invaluable. He saw me as an individual and was able to make recommendations based on my specific situation, meaning I am now able to move on with my life. Mrs K. Dear Jeff. Thank you for writing such a good position statement. I first came in to contact with Colin Brealey, through McKenzie Friends, having not seen my daughter for over 9 months and having been to the family court 3 times.

At this stage a section 7 report was being completed by Cafcass. Thank you so much to Colin once again for all the help and advice that he gave me. I cannot thank you enough for all the help, support and advice Colin Brealey, and his contacts, have given during the fight to retain the residency of my children.

I was put in contact with Colin by Families need Fathers as a McKenzie friend, quite late in my case, but he soon helped create a very professional and powerful statement.

Well we won, and we will all never be able to thank him enough for all he did. He has become quite a popular character round here, and some one who will always be a friend. From one very happy Dad. Hi Colin, I wanted to express my gratitude for the way you assisted myself whilst fighting for joint custody of my children, you were there to talk me through every step of the way and explained everything perfectly. I have recently been assisted by Colin Brealey at my Final Hearing at court.

Colin gave me a tremendous amount of time and support building my case prior to the hearing at short notice. Not only was he dedicated to his work he was also very supportive and enthusiastic. He fully understands the court process and gave me great advice regarding how to present myself within court.

He understands the importance of equal parenting and gives his upmost to support families. I would highly recommend Colin to anybody and would not hesitate to ask for his assistance again. Colin is an exceptional man. He works tirelessly for Families Need Fathers putting in many hours assisting others. He has built up an incredible knowledge of how our system of law concerning every aspect of child contact operates on a practical level. He has worked through many legal cases giving hope to fathers where there had been no hope of contact before, often against seemingly insurmountable odds and achieving results!

I can thoroughly recommend Colin to any person seeking contact with their children through the minefield of the British Courts. As a first port of call I would say speak to Colin for advice rather that spend large sums of money through a lawyer. I was very impressed at the quality of service Jeff provided. He was very well prepared for the 2 court appearances a further directions and a final hearing and provided case history which won me my request for a Shared Residence Order, which on the advice of her legal team, had been turned down by my ex-wife when presented in the position statement.

I think her legal team was rather surprised by the knowledge and case notes that Jeff had provided me in court. Hi Colin, just a quick line to wish you a merry Christmas and happy new year. I would also like to thank you for your help with my case for my child arrangements order for my children. I was completely out of my depth in this case with my ex partner and her solicitor and was basically getting wiped the floor with.

After speaking with you, you came to Lincolnshire and took charge of my case for me, liaised with my ex partners solicitor and after two hearings got the outcome we wanted. FLD provided me with expert McKenzie Friend support to achieve a contact order that met all of my needs. Specifically, Jeff and Colin provided me with expert support to help me navigate the complexities of the law involved in dealing with children and families during a particularly traumatic stage of my life.

Before discovering FLD I had spoken to a local solicitor who proclaimed that they dealt in family law but in a short discussion with them it was obvious that whilst they understood the legal system that needed to be followed they lacked the understanding of tactics and strategies that need to be employed to effect a successful result in my case.

Of course, solicitors would also have been more expensive but more importantly I feel that they would not have approached my problems with the warmth and humanity that was offered by FLD. I also believe if I had used solicitors it would have taken much longer to achieve the outcome I was after. I would recommend FLD without hesitation. Thank you have a good weekend. Hi Jeff, Just to say thankyou for your support at the hearing your advice was really helpful and your knowledge in legal matters was very useful.

Thanks for the great support I received from your company. In fact, Haleema is the best. I now get to spend 5 nights every two weeks with my son and have half of the holidays which I could not ask for anymore and this is because of you and your passionate hard work for creating the bundle and giving exceptional advice on what to do and what to say.