A time may come, as a result of a divorce or separation, where the issue of with whom and where your kids live comes to the fore. Hence, for that reason, a Residence Order application is often made.
It is a court order settling the arrangements of the place a child is going to live. The Family Proceedings Court issues this order, and it details which parent the kids should reside with.
The Residence Order normally provides details of where and when the kids can be visited by a parent who did not manage to gain residency.
After the Residence Order has been given, Parental Responsibility for the kids will go to the individual with whom the kids will be living.
You should apply for this order if only you and your partner can’t come to a friendly arrangement relating to your children’s living arrangements.
If that’s the case, then you should consult with a lawyer that specialises in family law, who is going to give you advice on the course of action that you should take.
They will suggest a period of mediation to be entered into before you pursue this matter through the courts.
Mediation is a process in which two parties discuss their conflicts with the help of a mediator who assists them to reach a settlement.
For instance, this can be an informal meeting among divorcing couples or two partners in a divorce. The dispute may be potentially a dispute that can be filed in court or pending in a court.
The purpose of mediation is always a peaceful agreement.
Mediation helps maintain family relationships by fostering understanding, encouraging communication plus decreasing the conflict between the two parties.
Mediators let the parties make their decisions concerning what is best for their kids. Generally, mediation is less costly when compared to litigation, meaning that more money will be available for the parents and children’s needs.
Family mediators facilitate problem-solving and communication between couples and help develop agreements that meet separation and divorce challenges in a confident and cooperative manner.
You can make this order under section 8 of the ChA 1989 (Children Act 1989). A Specific Issue Order gives directions for any specific question that may arise, or that has arisen, in connection with the aspects of parental responsibility for a kid.
For instance, one of the parents finding a new partner and then wanting to move to another location, or one of the parents wanting to take the kids overseas on an extended holiday.
The main concern of the court is always the child’s welfare and their best interests. The order can be used in determining questions about the upbringing of a child.
This order can be made with a CAO (child arrangements order) or on its own.