How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask familylawexpert Your Own Question

familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
75281287
Type Your Family Law Question Here...
familylawexpert is online now

Mother who has a residency order has left child 8 boy with

Customer Question

Mother who has a residency order has left child 8 boy with father who has joint custody to move in another part of the country. How does father apply for a residency order and what if anything should the mother have to sign.
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
Hello,

My name is Mac. I will be able to help you with your question. First I need a bit more information:

- do you know what the mother's intentions are regarding the child?

- does the mother agree or disagree with the father looking after the child?

- does the mother agree or disagree with the father moving to another part of the country with their child?

- do either of them have any other children?

Regards,
Mac
Customer: replied 3 years ago.

The mother is moving not the father.


She has left the child with the father.


She wants the father to look after the child

Expert:  familylawexpert replied 3 years ago.

The family court does not make an order in relation to a child if it does not have to. The mother has voluntarily left the child with the father, and both parents are happy for him to raise the child without her.

If the father was married to the mother at the time of the birth, or if his name is on the birth certificate, then he has parental responsibility. If he does not, then he would want to make an application in that respect.

Aside from parental responsibility above, there is no need for the father to make an application to the court, which would involve him spending money on legal costs. I would suggest that he get a letter from the mother confirming that she agrees that their son should live with him, and that he stores that somewhere safe, but other than that just gets on with being a dad.

He will only need a residence order later if the mother changes her mind, but he can't pre-empt that possibility now (save perhaps for the letter I have suggested above).

I hope that is helpful. If you would like me to clarify anything, please ask. If not, I would be grateful if you could rate my answer.

Regards,
Mac.
Customer: replied 3 years ago.

Not quite sure in you understood what I ment.


Mother is moving and has just left the child with the father, and nothing else he , has no note from mother to say she is leaving him. And she has not left the family allowence book.


Father has had the child each weekend of his life picking up friday and taking back sunday evening Also had child during holidays and extra time if mother wants that.


Father will not be able to carry out his full time work and look after the child,


so will have to do part time and will have to apply for benifit.

Expert:  familylawexpert replied 3 years ago.

I'm sorry if I have not completely addressed your question.

I agree that the father will have a lot more work to do caring for the child. It will be completely different from the time he has had with the child so far. I also agree that he may have to change his working pattern, which of course he can do without the need for anything from the mother.

He should contact all agencies relating to the provision of care for his child (not only in relation to the family allowance, but also the doctors etc) and tell them that the mother has left and that he now has sole care of the child. They will tell him in each case what, if any, forms he needs to fill in. It might be that some of them would ideally need a signature from the mother but, ultimately, if she doesn't cooperate or cannot be found, I am sure that her signature will not be absolutely necessary.

If there is another aspect to your question that I have not addressed, please let me know.

Regards,
Mac

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)