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My daughter is eleven years old and lives with her mother and partner. She wants to come and live with myself and my fiancee (we are getting married in August) but the mother is completely unapproachable about the subject. There has been a residency order in place since 2001 and I have obeyed all parts of that and all CSA arrangements. There are no welfare issues but due to my ex's working arrangments I know I can provide a better life. Can I apply to the courts to change the existing residency order? What chance do I have? And, should I be successful, can my ex re-apply for residency as soon as she gets access or can a minimum time frame be set? Just as a note....there are 300 miles between our homes. Thanks for your time!

January 28, 2009 by cuddy1977

Certainly you can apply to the court which made the residency order in favour of the mother for it to be varied. The matters which the court will take into consideration are set out in our Children e-book at: http://products.legal-zone.co.uk/children-ebook
The court may also make an order that no further applications for variation are made without prior permission of the court.