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Jusleen, Solicitor
Category: UK Law
Satisfied Customers: 942
Experience:  LLB (Hons)
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When my daughter was 6 months, I was very depressed

Customer Question

When my daughter was 6 months, I was very depressed (later discovered I had PND) and my parents obtained a residence order with my support. I returned from being abroad for four months, when my daughter was 10 months and moved in with my parents and became my daughter sole care giver (this was upon discovery and recovery from my PND). My daughter and I have lived with my parents ever since, firstly as I have been saving for a house deposit while I've been building my business, and secondly because we are a strong family unit and I felt my daughter benefitted from being surrounded by family. As far as we are all concerned, the residency order has been null and void since I returned (my daughter is now 5) and there is no question as to parental responsibility etc, I am her sole caregiver and provider. How do we go about dissolving the residence order officially?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jusleen replied 1 year ago.
Hi when do you intend to live independently of your parents?
Customer: replied 1 year ago.
In the next year or so, when I find a house I like to buy, no urgency.
Expert:  Jusleen replied 1 year ago.
Hi if the child by agreement is no longer living with the persons who have a residence order in place for a period of 6 months, it lapses. As you intend to remain with your parents the order is still in place. You could apply to discharge the order. As you are in agreement it would be advisable for you to go to mediation to confirm the same and a consent order can be filed at court for the discharge of the residence order. However as when the order was made, the child's father would need to be part of any agreement unless he is not named on the birth certificate. I hope this assists. Please rate the answer and I will continue further dialogue on the thread if you wish any clarification. Kind regards
Customer: replied 1 year ago.
No, my daughters father was not involved and is not named on her BC. Am I right in understanding that once we move out, after 6 months the residence order would no longer be valid?
Expert:  Jusleen replied 1 year ago.
Yes if you and your daughter move out from your parents then after 6 months the order lapses.