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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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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