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Residence / Contact
After separation, parents will need to agree where their children are to live.
Sometimes, the children live with one parent and spend significant time with the other parent. This is known as a Residence Order. Children can also live with both of their parents at different times. This is known as a Shared Residence Order.
It is not always possible to agree where the children should live. Both parents may feel very strongly that they are best suited to give the child a home. If this happens, an application to the Court can be made by either parent for a Residence Order. This used to be called "custody".
It is commonplace for wider family members to apply to the Court for a Residence Order, for example grandparents.
Whatever the situation, these decisions are never easy. Our Childcare Team has much experience in advising on issues relating to Residence Orders and will be able to talk you through your options and advise you on what arrangements may be possible.
Once arrangements for Residence have been agreed, both parents will need to look at how and when the children will be able to spend time with the other parent. It is important that the arrangements for this are based around the needs of the child. If parents cannot agree for terms of contact between themselves, an application can be made to the Court for a Contact Order. This used to be referred to as "access".
Sometimes problems arise which are not to do with Residence or Contact, but are to do with specific issues such as, an overseas holiday, education, medical treatment, religion etc. These specific issues can be considered separately by the Court through an application for a Specific Issue Order or Prohibited Steps Order.
Michelmores residence / contact team
(Michelmores are not responsible for third party website contents).
What is parental responsibility?
Parental Responsibility is the legal term which describes all the rights and responsibilities which someone can have for a child. In practice, people who share parental responsibility (usually the child's parents) should consult with one another about decisions which should be made for that child. However things do not always work that smoothly.
It is in fact possible for people who have parental responsibility for a child to make decisions independently of one another.
I am concerned about custody/access to my children
The term 'custody' is no longer used and has been replaced with a residence order. Similarly, the terminology of 'access' has been replaced with 'contact order'.
Following separation, can we continue to share responsibility for caring for the children?
Yes. Most couples manage to resolve arrangements for their children by agreement. Some couples are assisted with this by trained mediators. A small number of couples are unable to resolve matters and resort to the court process. Shared residence orders are now more common-place; recognising that despite the breakdown of the relationship, both parents continue to have an important role in their child's life.
Residence/contact
Parental Responsibility is the legal term which describes all the rights and responsibilities which a parent has for their child.
