After Divorce o Separation Parents don’t always agree on where their child will live. In some cases, the decision must be made by the court in favor of one of the parents. This is done in the form of a residence order.
HAS Residence Order it will decide where the child will live most of their time, but it will not affect the responsibility of the parents or the contact rights of either parent. The resident parent must still allow his child to see the nonresident parent.
It is common practice to make a Contact Order at the same time as a Residency Order to ensure that the non-resident parent is contacted. This order will establish the contact arrangements: how much time will be spent with the other parent, where it will happen.
An alternative to a Residence and Contact Order is to make a shared residence order. This will indicate when the child will live with each parent. Common cases are when a child lives with one of the parents for a week or a fortnight at a time alternately.
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 around her, then his opinion will carry more weight. Ultimately, however, it is not the child’s decision and the court will decide what is best in light of the child’s welfare.
What are your responsibilities if you have a Residency Order?
If you are granted a residency order, you are in charge of making decisions about your child’s daily life. Therefore, you are primarily responsible for your upbringing. The resident parent will be able to make these decisions without interference from the nonresident parent. The decision you will need to make without the consent of the other parent includes:
The child’s daily routine.
How the home will be managed
The child’s diet.
However, less insignificant decisions will need to be made by all those with parental responsibility, not just the resident parent. These types of decisions include:
The school they will attend.
Any religion they will follow
What medical treatment will they receive?
When an order is not needed? If the 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 it is necessary. It has been shown that it is best for a child to have as little contact as possible with the world of law and the British courts.