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familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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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: 4 years ago.
Category: Family Law
Expert:  familylawexpert replied 4 years ago.

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?

Customer: replied 4 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 4 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.

Customer: replied 4 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 4 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.