Family Law Matters

I keep hearing about “Custody” but I need a "Residence" Order don't I?

A Residence Order is an order made by the Court which confirms that a child is to reside with you. This also means that you are able to take the child out of the country for up to one month without the permission of any other person who has parental responsibility for them.

Residence Orders often incorporate “Contact” Orders which are orders made by the Court defining the contact that the “absent” parent is to have with a child.

There is now in English Family Law no such thing as “Custody”. “Custody” is basically the old word for “Residence”. Legislation as far back as 1989 brought in the term “Residence” instead of “Custody” and “Contact” instead of “Access”.

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Can I stop my ex-partner taking our children abroad on holiday?

First of all ask yourself why you want to stop them. Unless there is genuinely a concern for your children's welfare then do you really want to deprive the children of a holiday? It will also inevitably cause bad feeling between you and your ex partner and this will not be in the best interests of the children. You also need to consider that there will be times when you will wish to ask them if you can take the children on holiday and you will want them to say yes.

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Top 10 tips for a smoother divorce

Most people want their divorce to go as smoothly as possible, but it isn't always obvious how to achieve this, that's why we have compiled our top 10 tips for a smoother divorce.

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Name and Shame?

One of the questions I am frequently asked is “Can I name other woman (or man) in my Divorce Petition”.

My answer is always yes, but...

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Civil Partnerships – what are they...

Over the past year or so  the media has made much of the new “same-sex marriages”.  By March 2006 6,516 same-sex couples had “married” and even celebrities like Elton John have now tied the knot.

So what is this new phenomena and why is it now possible?

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New Year, New Start?

The crackers have all been pulled, the turkey eaten and the presents all unwrapped.  Its time to make your New Year's Resolutions.

But do your New Year's Resolutions include a new life without your spouse?

Often people consider separation at this time of year, but sometimes you can be uncertain as to your next steps?

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Contact – how to get it?

If you've tried and failed to agree contact, then it may be time to see a Solicitor.  Your Solicitor will suggest writing to your ex-partner and making proposals for contact.  Hopefully they will then appoint their own Solicitor and you can negotiate matters successfully between you.

Sadly sometimes it is not possible to reach an agreement and your only option may be to apply to the County Court.

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Do you want to see your children?

If you have children, the most difficult part of a relationship breakdown is not seeing them as much as you did before. This is hard enough if you have stayed on good terms with your ex-partner but  if things are so bad that you can't talk about contact  or your ex-partner is refusing  you contact or limiting it then what do you do?

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Parental Responsibility – how do I get it?

As a father you have the same rights and duties in relation to your children as their mother does, don't you?

Not necessarily!

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Safer Cohabiting

Last month I looked at the myth of the Common Law spouse and the fact that cohabiting couples do not have the same protection as married couples if the relationship breaks down or one of them dies.

So what can you do to protect yourself?

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