residence order determines with whom a child should live.
A
contact order formalises the arrangements for visits and overnight stays with the non-resident parent.
Parental responsibility is shared between all married parents even after divorce. Others can apply to the court for parental responsibility, such as step-parents, those who have formed a civil partnership and unmarried fathers. Unmarried fathers who have children born after 01/12/03 obtain parental responsibility automatically if they are named on the birth certificate. If a residence order is made in your favour, you automatically obtain parental responsibility.
The Court can make
other orders limiting parental rights and duties or to resolve a specific issue that has arisen.
The Court will consider
The ascertainable wishes and feelings of the child (considered in the light of the child’s age and understanding)
• The child’s physical, emotional and educational needs
• The likely effect on the child of any change in his/her circumstances
• The child’s age, sex, background and any other characteristic the Court considers relevant
• Any harm which the child has suffered or is at risk of suffering
• How capable each of the child’s parents is of meeting the child’s needs
The Court will not make any order unless it is better for the child that there is an order as opposed to no order at all.
There is a presumption that the Court should not get involved. You are the parents and best placed to decide what is best for your child. The Court will only intervene if there is a dispute. To avoid costly court proceedings you may like to consider mediation and we are able to advise you in respect of this.
Sometime Social Services may become involved with a family and are concerned about risk that children may be exposed to. The procedure and Law relating to this sort of issue can be complex and difficult to deal with and often requires delicate and sensitive management. We are experts in this area of Law.
We are family law specialists and we can advise on any aspect of dispute where children are involved and discuss ways of resolution which are conciliatory and beneficial for the future. We welcome informal telephone enquiries so do give us a call on 0116 2395544,