HI do i need to get a Residence order on my son. he lives with me but i having lot of probs with my ex?

Hi there

Whether or not you need and/or will get a residence order depends on the nature of the problems you are having. If they are of the ex not bringing the child home when he should variety, then yes, you probably do need one and will probably get one. If you ex is just being a general pain but it does not effect either contact or where the child lives, then no, you don't need one, nor would you get one.

Amanda

Hi and thank you,
I've just been told I don't need a residence order if I wasn't married to the person. If I do need one can I do it myself though the courts?and yes he has refused to bring him home because he wasn't home but I had made arrangements for him to be looked after by trusted adults as I was away on my honeymoon.

Whether or not you need a residence order depends on more than if you were married. Does he have parental responsibility? If you dont know, tell me your child's DOB and whether your ex is named on the birth cert.

If he hasnt got PR and refuses to return him you may be able to get assistance in the return of the child from the police, simply by telling them he has the child, he doesnt have PR and he is refusing to return the child, but often the police will not get involved.

The reason a residence order is important is that it en­title­s you to apply for a recovery order if he keeps the child and refuses to return the child. However, if that situation arose and you did not have a residence order, what a lawyer would do for you is make an emergency application for both residence and recovery.

Amanda

HI
yes he got PR but only the courts and he was given a fix time by the courts.
Cath