Divorce or separation can be a painful process for any person who has been married; however, one must take into consideration the welfare of the child or children involved. The Child Custody Law of UK ensures the best for the child in certain instances where both parents have problems with custody or residency of the child. Normally a residence order is issued which determines where the child should primarily live with if both parents have not settled amicably any arrangement for their child.
Parental Disputes
Parents who are planning to divorce are encouraged to enter into mediation if they have not reached any settlement or agreement with regards to the child. If parties have not reached any agreement, an order is issued by the court,. This, however, does not mean that the non-resident parent will be relieved of their parental responsibility to the child. A non-resident parent may file for a residence order although it has its limitations as well.
If a person applies for an order, the court will first determine what is best for the child. The court will enter into “paramountcy” where the court will decide what the best arrangement for the child is. This is essential as studies show that this can affect the welfare of the child especially if the child is not old enough to understand what is happening and would have negative impact in the future.
What Happens when a Residence Order is in Effect?
• If a residence order is in effect, some limitations exist to protect the child as well as the other non-resident parent or those with parental responsibility. When a residence order is in effect:
• The parent with the residence order in their favor may take the child for a holiday of less than a month with consent of another or a court order.
• No individual can change the child’s surname without the consent of the individuals who have parental responsibility over the child.
• Individuals who want to take the child for a holiday must seek the consent of those with parental responsibility before he or she can take the child abroad.
What to do if there is a Residence Order in Effect
If there is an order in effect and it is unfavorable against another parent, then they might request the court for visiting rights. The court will take into consideration the welfare of the child and understands that the child needs to have contact with both parents. A reputable solicitor who specializes in family law can help one file or request the court in such instances to allow him some rights or contact with his child.
For more information on family law and other legal matters, please contact Morrison Solicitors. Morrison Solicitors are composed of professional and expert solicitors in Teddington. Contact us today to learn more.
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