Residence Order Applications
Disputes or concerns over where your child predominantly lives can lead to you needing to apply for a Residence Order, colloquially known as custody orders.
A Residence Order can provide stability to your child, as they will have a place to call their predominant home. However, the law surrounding residency applications is complex; therefore, having experienced legal advice will provide a greater chance of success.
How RVS Solicitors Can Help With Your Child Residence Order
In all cases involving children, at RVS, our absolute focus is on their welfare. To achieve that aim, we take the time to understand your situation and discuss all of the options available in a caring and jargon-free manner. Our family law solicitors in London, led by Rakhi Singal, are available to you when you most need it. We make your case, our case.
We are part of the Resolution network of family lawyers who all share the same view; that resolving family matters in a non-confrontational way is best for everyone concerned. We believe that going to court should only ever be a route of absolute last resort. Our approach considers the requirements of the whole family, with the needs of children taking paramount importance. By taking this approach, we know the overall outcome is more harmonious and works in the long-term.
However, in Residence Order applications, court action may be unavoidable. If this is the case, we have relationships with some of the top family law barristers in London. By instructing us, you can be confident that you will receive robust representation in court and your interests will be resolutely advanced.
Our family lawyers in London will be by your side throughout the entire length of the proceedings, advising and representing you. We understand how stressful Residency Order proceedings are and will provide support and continuous communication throughout.
Frequently Asked Questions (FAQS)
How do I apply for a Residence Order?
Rakhi and her team will advise you on the procedure for applying for a Residence Order. In most cases, you will need to attend a Mediation Information and Assessment Meeting (MIAM) to see if mediation can assist you in resolving the dispute with your partner. We will assist you with this process and help you build a robust case for why your child should live with you.
You will not need to attend a MIAM if your relationship with your ex-partner has been scarred by domestic abuse, English is not your first language, or you have a disability which would make mediation inappropriate.
How does a judge decide whether to make a Residence Order?
The judge will look at many factors when deciding whether to make a Residence Order, including (but not limited to):
- The wishes of your child
- How the change of living arrangements will affect your child
- Your ability to take care of your child
It is crucial to remember that in any court proceedings involving children, the welfare of the child is paramount. It can be difficult for a loving parent to reconcile the fact the Court will put very little weight on your wants and needs; they are primarily concerned with how a Residence Order will affect the child involved. This is why instructing us as your family law Solicitor in London provides such an advantage – Rakhi and her team know how to construct an argument to the Court which focuses on the child and achieves your ultimate needs.
Where will my child live whilst the residency application proceedings are being heard?
The Court process can take many months. In the meantime, we can apply for an interim Residence Order on your behalf. An interim Residence Order will state who your child should live with while Court hearings are ongoing.
When it comes to making an application for a residence Order, experienced legal advice is crucial. At RVS Solicitors, we can assist and advise you, ensuring your best interests and those of your children are taken care of.
Rakhi and her team can assist you on all matters relating to residency applications. You can contact us in strict confidence on 020 3372 5125 to make an appointment.