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 ukfamilysolicitor Your Own Question
ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1171
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
74916426
Type Your Family Law Question Here...
ukfamilysolicitor is online now

My partner and I separated temporarily in 2013 and went to

Customer Question

Hi there,My partner and I separated temporarily in 2013 and went to court over custody of our son. My partner was granted residency as I was alcohol dependent at the time. I have since rehabilitated through rehab and counselling and we reunited ad have been living as a family since 2014. We are in the process of putting our affairs in order (wills etc.) and would lie advice as to how to apply to the court to reverse the residency order. Are you able to help? Rebecca Bohling
Submitted: 17 days ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 17 days ago.

Hello Rebecca

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- are you still living together as a family now?

- how old is your son?

kind regards

Caroline

Customer: replied 17 days ago.
we are living together (we temporarily separated for 6 months in 2013 and I moved out) we are all now back in the family home. My son has just turned 7
Expert:  ukfamilysolicitor replied 17 days ago.

Hello

Thank you for your response and for clarifying that for me.

What you need to know is that the order that was made has now ceased and is no longer valid.

The Children Act, which is the relevant legislation in respect of such orders makes provision that such orders will cease to be valid if the parents reconcile and live together for a period of more than 6 months.

This is the link to the legislation for you. Paragraph 11 (6). Please note that the new name for residence orders and contact orders are Child Arrangements Orders but the law is still the same.

https://www.legislation.gov.uk/ukpga/1989/41/section/11

You do not therefore need to seek to discharge the order or take any such steps as the order is no longer valid.

Let me know if I can asssist you further

kindest regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today

Expert:  ukfamilysolicitor replied 15 days ago.

Hello

I note that this question remains unrated. Please do not hesitate to ask if I can assist you further.

If you could kindly rate my answer by using the stars that would be much appreciated.

kind regards

Caroline