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· if the child’s mother and father cannot reach an agreement about where the child should reside; · where a child has not been returned following a Contact visit; · if a person other than the child’s mother and father (perhaps a grandparent or temporary carer) has been looking after the child for a while; or · if the parent looking after a child wishes to move abroad against the wishes of the other parent.
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Residence Orders
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The law changed a few years ago to get rid of the concept of ‘custody’. Instead, the courts are empowered to make orders requiring a child to reside with a particular person. These ‘residence orders’ are normally made only if there is a dispute about where a child should live.
In most cases, perhaps with the assistance of solicitors, mothers and fathers are able to reach an amicable agreement about the care arrangements for children following upon separation. The agreement can then be formalised in a Separation Agreement. However, it is sometimes necessary to apply to the court for a Residence Order. This might happen: |
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Despite recent changes to the law, it is still more common for children to live with their mothers than their fathers. However, there are plenty of examples of the opposite being ordered. Sometimes couples are able to agree ‘shared care’ arrangements. What can be said with some certainty, though, is that in all cases the courts must put the best interests of the child above all other considerations. For more information, contact Martin Burns. |