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Residency Order

  • xxBairdyxx
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21 May 12 #331931 by xxBairdyxx
Topic started by xxBairdyxx
Hi, i am enquiring for a friend, her partner went to work 4 yrs ago and never came back. he has made no contact with their son and is now living in London however the address is unknown. my friend would like to get a residence order so he cannot turn up out of the blue and just take their son. It is unlikely he will but she would like peace of mind that he legally can''t. Is it possible to get a Residency order even though she does not know his address? Also CSA have finally tracked him down so they will have his address. Any help would be appreciated, thankyou

  • Fiona
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24 May 12 #332763 by Fiona
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It is possible to apply to the courts and for the courts to find an address to serve the papers.

Why does your friend think her ex may take the child? Does she have any evidence? There is a no order principle and the courts shouldn''t make a residence order unless it makes matters better for a child. Sometimes it is better to let sleeping dogs lie because the outcome of court proceedings can be different than expected eg the other parent might ask for and be awarded contact.

In any case a residence order in itself wouldn''t prevent your friend''s ex from just taking a child. If he did your friend would either need to convince the police the child was at risk or return to court for an order to recover the child regardless of whether or not there is a residence order.

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