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residency in mothers name but child living with me
#11
yes i think so too but i am not sure of the exact process. It seems that it has changed since we were last battling in court in 2012. If somehow i can persuade her to sign an agreement that my daughter lives with me full time (long shot) how would i get it legally binding? and would i still have to pay the same fee as if i was applying for residency? and does anyone know if i can get the passport without the mother consent if i have full residency?
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#12
I think the only thing that would be legally binding would be a court order. What sounds very positive to me is the social services report because that is official documentary evidence that you could use at a final hearing and would be much in your favour. I would suggest you get a free half hour's legal advice, because you may even have grounds for an ex parte or short notice application (I am not sure) if you have the social services evidence.

The form to apply for variation is the same one for a general application - the C100 form. When you apply to vary the order you can have a draft order drawn up before the final hearing with everything on it that you want on it, including a line saying, Father will keep child's passport. Once you have residency you can get her a passport and keep it at your house.

Although it might seem onerous going through a court process I think it will be worth it in the end. But do get some legal advice from someone who is good. You may even be able to do it quickly by means of a specific issues order for the passport and ask for it to be the first hearing of a child arrangements order.

In fact I'd be tempted to do it that way. Apply for a specific issues order - either to have the passport released, or to be able to apply for one and at the same time ask for residency. If you ask for residency on its own they may decide on the no order principle (unlikely but possible) whereas if you have an application in for something else it could help.

Specific issues is also done on C100. You just put in the box "Child Arrangements order to live with and specific issues order" and put the details in your summary.
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#13
Thank you charlie for some very useful information Smile

I have read up that apparently a residency order (child arrangement order) can now be given as a shared residency between both parents even if the child lives full time with only one of them. Is this true? And if so, do you think that would be the probable outcome? My ex definitely does not want half of the living arrangements but I'm sure she wouldn't let me have full residency if she can keep her name on the order.

Also, (I may be wrong) but it seems that before I can apply to the court I have to attend a mediation meeting first with the mother? Do I need to do this because either way it will have to be in front of a judge to have a variation on the order.

Again thank you for your advice Charlie, very helpful Smile
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