Discharging residential order

[Jells12]

Hi all,

My children were placed with my Mother (under a residence order) several years ago. This was due to problems I had with their Dad and alcohol abuse. After treatment and permenately separating from their Dad (via restriction order) I am now confident in having my children return home. I have been consistently involved in their lives, literally raising them under my Mother's roof.

Unfortunately, my Mother has recently been diagnosed with a terminal illness. My Mother, myself and the wider family all agree on children returning home (including the children 6-7yrs)

We have already made LA aware and subsequently assessed. The assessment was very positive and LA have confirmed they'll be supporting the children returning home with me.

Question is, it costs around £215 to apply to court. Social will not pay for this, which I fully understand, but could I or my Mother be entitled to financial help with this? I am self employed, but am earning very little at this stage and my Mother is in reciept of all disability benefits etc...

Thank you in advance for any advice given.

[Kami2018]

I wish you all the best in having your children live back with you

[Jells12]

My name has been changed, yet I'm still awaiting a reply??

[Suzie, FRG Adviser]

Dear Jells12

Welcome to the parents’ discussion board. I see you joined sometime ago but have only recently posted. Thank you for your post.

You are concerned about having your children back in your care now after a residence order was made in your mother’s favour.

I am sorry that your mother has been diagnosed with a terminal illness and it must be a very difficult and worrying time for the family.

Children’s services have carried out an assessment in respect of the children living with you and this has been positive. Your main concern appears to be the cost of applying for a child arrangement order (new name for residence order). Well done for turning things around so you can now have a positive parenting assessment.

As a mother with parental responsibility you do necessarily have to have an order if it is agreed with your mother that the children can live with you. I understand that you may wish to have a court order to ensure that everything is alright as far as the court is concerned.

In answer to your question regarding help with the cost of issuing your application which would be to discharge the residence order and make an order in your favour. You can complete a fee exemption form which you can obtain from your local family court or download from the court services website.

As you application would be a private law application which does not fall within the remit of this service as we offer advice where children’s services have safeguarding concerns about a child. You can obtain advice from Child Law Advice on 0300 330 5480. This organisation offers advice on private law matters where the person seeking advice does not have a solicitor.

I wish you the best of luck with your application.

Best wishes

Suzie