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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34900
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Which form can i use to apply transfer of tenancy benefit of

Customer Question

Which form can i use to apply for a transfer of tenancy for the benefit of a child under the children act 1989 and bearing in mind I am a parent who is not on the tenancy but the child lives with me?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.Could you explain a little more about the background please
Customer: replied 1 year ago.
There has been on going court proceedings whereby I originally made an application to court for the transfer of tenancy for the benefit of a child under the family law act 1996 whereby the court dismissed it at yesterday's hearing and i was told to reapply using the children act 1989. The reason is because i am not named in the tenancy agreement, the tenancy is under my ex-partner and have never lived there as a couple or partner with her. However, i my ex-partner decided to immigrate to Uganda back in October 2013 after the court dismissed her application to remove our son permanently from the jurisdiction and i moved into the property to be the main guardian of our son. She came back to the country last year in May and wanted me to move out, that's when i made the application to transfer the tenancy but i used the wrong application. The property is owned by the council, and my son is twelve and a half years old and he has said he doesn't want to be in her care and wants to continue living with me, the cafcass has recorded his views and wishes. I have to make an application within the next six days, i just want to know the wright application form to make the application, please help. Thank you.
Customer: replied 1 year ago.
Hello Clare, please respond to me as I have limited time and i need to make the application, thank you.
Expert:  Clare replied 1 year ago.
My apologies for the delayThe form that you need is the C1 available here fee is £215I am actually surprised the Court did not make the Order under the Family Law Act - they do have the power to do so - but this is the form for a Children Act applicationPlease ask if you need further details
Customer: replied 1 year ago.
Hi Clare, am afraid that is not the right one as i did try to use it before but they said its not the right one and it was returned back to me.