Residence order while cohabitating?

I am in a relationship with my son's mother. He is still a baby. She has a past with the LA which resulted traumatically. There is LA involvement currently but the outcome looks optimistic.

My partner has indicated that she wants to move out, which I don't object to, but I object to her taking the baby.

It seems that residence orders are only for people who have separated.

Is a prohibited steps order an option or could I apply a specific issue to the situation to secure stability for the baby?

or...do I have to ominously wait for her to make her move then rush to Court and apply for an order urgently?

Any options that I am not aware of?

Thanks.

You could make a residence application regardless of the fact that you presently cohabit.

jonathancj wrote:

You could make a residence application regardless of the fact that you presently cohabit.

I could make a residence application, however, is there not an exclusion which dissolves a residence order if the parties reside together for 6 months or longer?

Not so far as I am aware. A divorce petition will have difficulties if the parties live together for 6 months after the marriage has irreconcilably broken down. If there's something I've missed in the Children Act, do please post it. I don't profess to know absolutely everything about family law just yet!

www.childrenslawcentre.org/lawgreen_familylaw.htm

Residence Order

• This is a court order which states who you live with.
• If your parents cannot agree where you should live, they can apply to a court for a Residence Order.
• The Magistrate/Judge must take into consideration your wishes and feelings and look at all the circumstances of the case. He/she will decide where you should live and will base the decision on what is in your best interests.
• In exceptional circumstances, you can apply for a Residence Order, if you have sufficient understanding.
• In some circumstances, it is possible for residence to be shared between parents, this is called a Joint Residence Order. This order will specify the days you live with each parent.
• If someone has a Residence Order for you, the court must also give parental responsibility to that person.
• If the case is being heard in a family proceedings court, a Court Welfare Officer (CWO) may be appointed by the Magistrate to prepare a report. The CWO may visit you at home and ask you questions about what is happening at home and who you want to live with.What you say to the CWO may be used in this report. The CWO will also talk to your parents.
• CWO’s are not yet available in all courts. Where there is no CWO, a social worker will be asked to write a report.
• When a Residence Order is in force, a child cannot leave Northern Ireland for any longer than 1 month, unless the parent taking the child away, has the written consent of every person with parental responsibility or permission of the court.
• A Residence Order lasts until you are 16yrs old. However in exceptional circumstances it can be made until you are 18yrs old. A Residence Order ends if your parents live together for 6 months or more.
• If you become subject to a Care Order the Residence Order will end

You got there before me NRP! I couldn't find this thread to update the position. After 6 months the order will lapse.