Ask a Law Question, Get an Answer ASAP!
Hi, thank you for your question. The residence order will end when he turns 16 unless it specifically states on the order that it is to last until 18.
Have you discussed with the father what his views are regarding the change and if he will agree?
Thank you for your other post. As the order does not specify it expires at 18, it will expire when he reaches 16 years old.
I understand that you are not on talking terms with the father, however he would need to be aware of this change and as he has parental responsibility you need to consult him regarding the change of school prior to age of 16 - therefore I would suggest you formally write to him regarding the change of plan.
Legally, you should be changing the order, however, practically given your sons age if he no longer wishes to live with the father then a court will not force him to do so.
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.
Legally, if the father does not agree to your son living with you he can apply to court for enforcement of the order.
If you were to apply to court you need to use form C100 and a £215 court fee to vary the child arrangement order. You will need to issue the application urgently as if you do not it will take months for the courts to deal with. You will need to attend court and likely prepare a statement - it can be done through solicitors or a barrister, or you can represent yourself.
However, given that the father has told him to go to live with you he may be willing to agree to this without you needing to go to court. You should write him an email or letter informing him of your son's views and how this is in his best interest, as well as which school you propose him to go to.
Yes, your solicitor can write to your husband if you would prefer.
No worries, I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris
It can be done immediately - if you wish your solicitor can prepare and send a consent order to court to change the order, but unless done urgently he will likely turn 16 before the court finalise the change. But if the father agrees then it should be fine as any enforcement application by him can be countered with his agreement
Your son can move to live with you as soon as the father agrees - this will prevent an enforcement application by him. If you wished to vary the order a consent order can be sent to the court.
The court will likely take a few months to finalise in any event - and by that time he will be 16.
It is usual in child arrangement applications that at least one hearing is required at least for the judge to speak to you both to ensure that the order is in the children's best interests. CAFCASS will also be involved to carry out updating background checks and report to the court.
To be honest, if the father agrees to the move and can provide this agreement in writing you can change the arrangements for him to come to live with you. You do really need a court order to reflect the change and if the father has consented to the move he would unlikely wish to enforce the order that is in place, and in any event he will not be able to enforce anything once your child turns 16. The letter from the father consenting to the move can be used to support your application for schooling
Unfortunately education law is not my expertise and I would suggest you post another new question for another expert regarding this
After 16 he can leave and come to you without any issues.
If the father consents to it he can come to live with you
Yes, if the father consents your son can immediately come to live with you without issues or application to court. However, as there is a residence order in place the father can apply to coirt to enforce this if he later changes his mind, which may be why you should consider varying the current order.
If the current order remains in place your husband has the right to apply for enforcement and the court will consider the circumstances and breach of the order - your position will be that your husband has provided consent and your son wants to live with you - given his age, and ensuring that there are no welfare concerns, it is unlikely that the court will wish to enforce the order especially as he is to turn 16 soon.
Yes that is correct
I do not think that there will be any repercussions against you as you would have acted in the interest of your son given his views and the consent of his father (if both of these are provided)