Who can apply for a residence order?

The following people can make an application to court for a residence order:

• a parent;
• a guardian;
• a step-parent who has treated the child as 'a child of the family';
• any other person who has obtained the consent of all those with parental responsibility;
• any person who, if the child is in care, has the consent of the local authority;
• any person who has obtained the permission of those who already have a residence order for the child
• anyone who the child has lived with for at least 3 years
• a local authority foster parent if the child has lived with them for at least 1 year immediately proceeding the application to court.

If you are not any of these people then you will have to obtain leave (permission) from the court.

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