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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1469
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I've applied access and my missus has indicated

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I've applied for child access and my missus has indicated she wants to come back home. Now if they do come back can I still apply for a residency order (I'm not sure if that's the right term?) so that the children live with or close to me. Or that they should go to a school etc close to where I live?I'm guessing it will look strange in court especially if we're living together but I don't want the children to be picked up and moved around like they have been.Are there other options I should maybe consider?
Welcome to Just Answer
I am a Solicitor and will assist you.
I can confirm that if a Residence Order was obtained from the Court then this would lapse if both parents resided together for 6 months after the order was made.
The Court will also consider the No Order Principle which means that an order will not be made if an order is not necessary for a child welfare.
If there are issues about where your children should attend at school then you should ask the court to decide those specific issues.
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Customer: replied 2 years ago.
Thanks for the insight. When you say issues about which school they go to, I presume that will only come to play if we are back living together?
This will more come into play if you weren't living together.
For example if the mother was going to live 10 miles away and she wanted to change their schools, if you have parental responsibility and you didn't agree, then the court can make a decision called a Specific Issue as to where your children will go to school.
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