The Law of the Residence Order
After a Divorce or Separation parents do not
always agree on where their child will live. In some cases the decision
must be made by the court in favour of one of the parents. This is done
in the form of a residence order.
A Residence Order will decide where the child will live for most of their time, but it does not affect the parental responsibility or contact rights of either parent. The Resident parent must still allow their child to see the non-resident parent.
It is a common practice to make a Contact Order at the same time as a Residence Order to ensure that the non-resident parent will get contact. This order will set out the contact arrangements: How much time will be spent with the other parent, where will it happen.
An alternative to a Residence and a Contact Order is to make a shared residence order. This will state when the child will live with each parent. Common cases are when a child lives with one parent a week or a fortnight at a time alternatively.
A child's opinion will be taken into account, but it will not be the deciding factor. If the child is mature enough to fully understand the situation going on around him then his opinion will have more weight. However, ultimately it is not the child's decision and the court will decide what is best in consideration of the child's welfare.
What are your responsibilities if you have a Residence Order?
If you are granted a residence order then you are in charge of making the decisions about your child's day to day life. Therefore you are primarily responsible for their upbringing. The resident parent will be able to make these decisions without interference from the non-resident parent. The decision that you will need to make without the consent of the other parent include:
· The child's daily routine
· How the household will be ran
· The child's diet.
However, the less menial decisions will need to be made by all those with Parental Responsibility, not just the resident parent. These kinds of decisions include:
· The school they will attend.
· Any religion they will follow
· What medical treatment they will receive.
When is an order not needed? If parents can agree on where the child will live then there is no need for an order. The courts will never grant an order unless there is a need for one. It has been proved that it is best for a child to have as little contact with the world of the law and the British courts as possible.
A Residence Order will decide where the child will live for most of their time, but it does not affect the parental responsibility or contact rights of either parent. The Resident parent must still allow their child to see the non-resident parent.
It is a common practice to make a Contact Order at the same time as a Residence Order to ensure that the non-resident parent will get contact. This order will set out the contact arrangements: How much time will be spent with the other parent, where will it happen.
An alternative to a Residence and a Contact Order is to make a shared residence order. This will state when the child will live with each parent. Common cases are when a child lives with one parent a week or a fortnight at a time alternatively.
A child's opinion will be taken into account, but it will not be the deciding factor. If the child is mature enough to fully understand the situation going on around him then his opinion will have more weight. However, ultimately it is not the child's decision and the court will decide what is best in consideration of the child's welfare.
What are your responsibilities if you have a Residence Order?
If you are granted a residence order then you are in charge of making the decisions about your child's day to day life. Therefore you are primarily responsible for their upbringing. The resident parent will be able to make these decisions without interference from the non-resident parent. The decision that you will need to make without the consent of the other parent include:
· The child's daily routine
· How the household will be ran
· The child's diet.
However, the less menial decisions will need to be made by all those with Parental Responsibility, not just the resident parent. These kinds of decisions include:
· The school they will attend.
· Any religion they will follow
· What medical treatment they will receive.
When is an order not needed? If parents can agree on where the child will live then there is no need for an order. The courts will never grant an order unless there is a need for one. It has been proved that it is best for a child to have as little contact with the world of the law and the British courts as possible.
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