What is a Residence Order? (Application for a Residence Order)
An application for a Residence Order will determine where a child should reside.
If a couple separate and dispute over where their child/children should live, a Court will decide based upon the child’s welfare and best interests. This will often benefit the child in that it provides them with the security of their home. This is typically assumed as the parent who has been the main carer for the child, often this is the mother but not always the case and the father does have equal rights.
Do I have the right to submit an application for a Residence Order?
If you have Parental Responsibility for the child you are allowed to present an application for a Residence Order. If you do not have parental responsibility, you may ask the Court for permission prior to making an application for a Residence Order.
Would I be successful in an application for a Residence Order?
It is normally presumed that there is no Order in respect of a child’s residence unless it is necessary to make such an Order. For example, if there are on-going disputes between the parents which could disrupt the residence of a child the Court will have the child’s interests as its paramount consideration when considering an application for a Residence Order.
Can I still see my child if a Residence Order is made in favour of the other parent?
In the majority of cases, yes. It would be quite normal for the Court to grant a Residence Order to one parent and a Contact Order to the other. There are some circumstances that may prevent contact or place restrictions on the level of contact. The Court may request assistance from other professionals such as CAFCASS or the Local Authority for guidance in respect of this. (For further information on Contact Orders click here)
I am concerned that my ex-partner will remove my child from my care.
If an application for a Residence Order was applied for, we could explain your concerns to the Court, which may lead them to conclude that a Residence Order needs to be made to secure the child’s residence.
What is a Shared Residence Order?
A Shared Residence Order doesn’t necessarily mean that time is shared equally between both parents; it can still vary depending on individual circumstances. The Order clearly puts both parents on an equal footing.
What can we do to help you?
At Ringrose Law we have a team of dedicated specialists that can represent you in Court and help you with your application for a Residence Order. We have the experience and knowledge to understand the process and help guide you through every step of the way.
Sometimes, you may be able to settle disputes out of Court and we can provide a mediation service which will avoid having to go to Court, this is often a quicker and cheaper way to help work out your disagreements and talk through any concerns you may have, coming to an equally beneficial conclusion with your partner.
Whatever requirement suits you best we can help, so please contact the Ringrose Law family team in Boston, Grantham, Lincoln, Sleaford, Spalding and Newark.