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When does residency order issued may 2013 expire?

  • ghandiripper
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1 year 3 months ago #508014 by ghandiripper
I have a Residence Order, issued May 2013 (Order:- Residence Order: Section 8 Children Act 1989), for shared residence. The RO actually states 'it is hereby ordered by consent:- there be a shared residence order in respect of ***, ** and *. It's for alternate weeks from Monday 0845 until following Monday at 0845; fitting in with school times.

My daughter has just turned 16 and her mum has told her she can now 'do whatever she wants'. This resulted in my daughter staying at her mums house on Monday, until I picked her up after school; as she didn't have to go into school for any exams that day. I found out on Monday, from my youngest when I picked him up at 3.10pm; no contact from kids mum or daughter. As far as I knew she was in school as usual!

I text my ex-wife asking why she failed to tell me and she stated it's not her responsibility as our daughter is 16 so it's our daughters fault I didn't know.

Having looked online there is conflicting information stating a 'live with' order, which is what my RO is (no contact), expires at childs age 16 or 18.

Here are a couple of links that infer my RO ends at 18; but I am still confused!

When does it expire and where is it actually stated in the Child Act 1989, Children and Families Act 2014, etc?

childlawadvice.org.uk/information-pages/residence/

www.pinktape.co.uk/rants/how-long-does-a...ngements-order-last/

Thank you.

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  • rubytuesday
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1 year 3 months ago #508017 by rubytuesday
The order will end when your daughter is 18, however, courts do not generally make orders in respect of children aged 16 or older and unless there are exceptional circumstances, it is unlikely a court would enforce an order where the child is 16 or 17. For clarity your residence order is treated as a child arrangements order now.

Why? Because a 16 or 17 year old would have clear wishes, and a mature understanding of the situation and is able to make decisions about where they want to spend their time.

If your daughter didn't have school on Monday - and its common for students to not attend school on days when there are examinations they are not sitting - where else would you expect her to be other than at home? Exams are very stressful, and it is not unreasonable to allow your daughter some \"down time\" in between exams, either to rest or study. While it would have been reasonable of Mum to inform you that daughter was at home that day, you can't expect to be informed of your daughter's every move and she is entitled to make some decisions about where she spends her time, as well as having some semblance of a private life.

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1 year 3 months ago #508018 by ghandiripper
Replied by ghandiripper on topic Re:When does residency order issued may 2013 expire?
rubytuesday wrote:

The order will end when your daughter is 18, however, courts do not generally make orders in respect of children aged 16 or older and unless there are exceptional circumstances, it is unlikely a court would enforce an order where the child is 16 or 17. For clarity your residence order is treated as a child arrangements order now.

Why? Because a 16 or 17 year old would have clear wishes, and a mature understanding of the situation and is able to make decisions about where they want to spend their time.

If your daughter didn't have school on Monday - and its common for students to not attend school on days when there are examinations they are not sitting - where else would you expect her to be other than at home? Exams are very stressful, and it is not unreasonable to allow your daughter some \"down time\" in between exams, either to rest or study. While it would have been reasonable of Mum to inform you that daughter was at home that day, you can't expect to be informed of your daughter's every move and she is entitled to make some decisions about where she spends her time, as well as having some semblance of a private life.


Ok, so the order ends at age 18.

I mentioned Monday because 'my expectation' was that as it's 'their week with me' that my daughter would be with me this week from 0845 on Monday. My expectation was not to be informed by a 9 year old 'messenger' about his sister's whereabouts.

My daughter is a registered VP, because of recent events which have had police, ambulance, safe guarding, etc, involvement; so her known whereabouts are VERY important. She was at her mum's alone, until I picked her up as her mum was at work; that is a problem.

I am very pragmatic with my children's time, whereas this is not reciprocated by my ex wife (it's a control thing). Which is why when my daughter finishes her last exam on Friday morning, she is going out with her mum for the rest of the day and coming home (to me) that night and I have no problem with it.

I understand about downtime, exam stress, etc, private life, etc, it's nothing to do with that.

I just wanted clarification of what age the order expires and you have answered that. Thank you.

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1 year 3 months ago #508019 by rubytuesday

My daughter is a registered VP, because of recent events which have had police, ambulance, safe guarding, etc, involvement; so her known whereabouts are VERY important. She was at her mum's alone, until I picked her up as her mum was at work; that is a problem.


This information is important, and ideally would have been included in your original post so that we can advise accordingly.

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