Residence order

hi can anyone help please.

Residence order dated in 2007.

when does it expire ie what age for the child? 

I thought it was 16 years old but ex saying it is 18 if children go to college

please advise 

thanks 

Comments

  • marcia_
    marcia_ Posts: 1,739 Forumite
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    https://www.kabirfamilylaw.co.uk/can-a-residence-order-be-overturned/

    "A residence order lasts until a child reaches the age of 16 years, A residence order may be extended in exceptional circumstances. An application can be made for a residence order to be extended until the child reaches the age of 18 years. This extension is only granted if the courts are convinced that the circumstances are exceptional."
  • As above. 16 years of age unless at the time of granting the Court says it should be until 18 years of age or if an extension was sought. In my experience having worked for Local Authorities and managing Residence Orders as they were back then I have never come across one until 18 years of age.
    Been around since 2008 but somehow my profile was deleted!!!
  • Far1974
    Far1974 Posts: 45 Forumite
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    As above. 16 years of age unless at the time of granting the Court says it should be until 18 years of age or if an extension was sought. In my experience having worked for Local Authorities and managing Residence Orders as they were back then I have never come across one until 18 years of age.
    Does this mean it would have been mentioned in the original order if an extension was ordered or requested? Thank you so much 
  • T.T.D
    T.T.D Posts: 227 Forumite
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    Residence orders are usually lasting until the child’s 16th birthday, applications for a an extension IIRC have to be submitted before or limited time after then but I could be wrong. 

    Orders up to 18years old on the original order are rare and very exceptional. Usually there needs to a dire need for it.

    A an application to extend it is a separate application action where the residence order holder must return back to family court and apply for and be granted it and where the order be updated and the old version of the original order where it will stipulate the 16 will have an extension to it with the 18 from date the extension was granted, it will have court seal on it with the date. 




  • Far1974 said:
    As above. 16 years of age unless at the time of granting the Court says it should be until 18 years of age or if an extension was sought. In my experience having worked for Local Authorities and managing Residence Orders as they were back then I have never come across one until 18 years of age.
    Does this mean it would have been mentioned in the original order if an extension was ordered or requested? Thank you so much 
    T.T.D. has given a spot on reply and exactly what I would have said. If until 18 would have been in original order otherwiswe application before child turned 16 would have been needed.
    Been around since 2008 but somehow my profile was deleted!!!
  • Far1974
    Far1974 Posts: 45 Forumite
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    Amazing thank you all
  • TBagpuss
    TBagpuss Posts: 11,199 Forumite
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    TTD is correct,. an extension would normally be where the child had a significnat disability or mental health issues which menat that their needs were different to those of most childnre, or where they were at risk (for instnace a child who had been subjected to abuse and was at high risk of that happening again)

    Your ex may be thinking about arrangements for child support, which do continue for longer, however, if the child in question no longer lives with the personin whose favour the residence order was made then this would of course affect the liability for maintenance 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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