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Divorce Guide |
How is Residence DeterminedWhen couples with children are getting divorced one of them gets Residence Orders that entails the child to stay with that parent. Before going to the court couples must know as to how is the Residence determined. A Residence Order (previously known as custody) decides where and with whom a child will live after his parents are divorced. The court takes the decisions on behalf of the child taking into account his overall welfare and development. Many people confuse Residence Order with Parental Responsibility. Residence Order only restricts to the fact that where and with which parent the child will stay. A Parental Responsibility encompasses all the rights and responsibilities that parents have over their child. It is not necessary that Parental Responsibility solely lies with the parent with whom the child stays with. Both parents have the joint responsibility for bringing up the child and participate equally in his development. Thus it is not implied that the parent who has the Residence Order can take important decisions related to the child without the consent or knowledge of the nonresident parent. For example, one cannot change the surname o the child, or take the child to another country with the other parent’s knowledge. There is also a provision of Shared Residence Order in UK Family Laws. In Shared Residence Order the child stays with both the parents for equal amount of time. This type of Residence arrangement ensures that none of the parent has the superiority in terms of staying connected with the child. Parents are not the only ones who can apply for Residence Order. This right can also be obtained by guardian, grand parent, or married step parent of the child. A Residence Order mostly comes to an end when the child turns 18. However it can extend beyond that in special cases where the court finds it necessary. How is the Residence determined?The court takes into consideration a number of factors before deciding who will get the Residence Order. Age of the child: If the child is very young or an infant the court assumes that the mother is the best person to take care of the child. In some cases however if the court feels the mother is physically or mentally unfit to take care of the child, the court may decide contrary. Needs of the child: The court grants Residence Order to the parent who is capable of fulfilling child’s daily needs. Apart from needs of the child his daily routine is also taken into consideration. Work of the parents: The work condition of the parents is also an important factor. If a parent has a very high pressure or frequently travelling job, he or she might be denied a Residence Order. Marital status of the parent: If the parents are unmarried the mother gets the Residence Order of the child. If the father wants to get Residence Order in this he will have to take special order of the court or enter into a mutual agreement with the mother. After going through the above points you will have a fair idea as to how is Residence determined. For further knowledge and information you can contact an expert family lawyer.
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Divorce in Europe
Divorce and Children Divorce in AustraliaDivorce Guide
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