Residence

  

Contents

Introduction
How Residence Decisions Are Made
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Conclusion

Introduction

Both the family court advisor and the judge must,
when making any recommendation or decisions about residence or contact,
take into account certain things, which together are known as the 'welfare checklist'
These things include:
  • The wishes and feelings of the child in the light of his age and understanding.
  • The child's educational, physical and emotional needs.
  • The likely effect on the child of any change in circumstances.
  • The child's age, sex, and background and any relevant characteristics
  • Any harm the child has suffered or is at risk of suffering
  • How capable the parents are of meeting the child's needs.
No one of these individual items is any more important than another.
What is crucial is that the overall decision is, in the judge's view, in the best interests of the child when taking all the above factors into account.
Of course there are many other matters that a judge will also take into account when making a decision on residence.
These include how willing each parent would be to promote contact with the other,
how capable each parent is of speaking to the children about the other in a positive way,
and how storng the children's bond is with each of the parents.
A judge will also want to know about a parent's working arrangements,
and whether childminding would be needed if a child were to live with him or her,
where the children go to school, where their hobbies and friends are,
and whether a Residence Order would affect any or all of these routines.

The objective is to decide the best outcome for the child in the long term.

How Residence Decisions Are Made

A judge can only listen to what is said in court.
That is why the Welfare Report is so important to the court,
and why generally so much weight is attached to it.
The family court advisor is the person who represents the court,
meets the children and their parents as well as seeing where they live first-hand.
It is worth remembering that while reports can always be challenged, a strong recommendation is rarely ignored by the court.
Once the Welfare Report is available, it is worth taking your legal advisor's advice
as to how strong your case is in the light of it,
or thinking whether you are sure you want to proceed if it has gone against you.
That means that CAFCASS determine residency if they make a strong recommendation.
It is the role of the Family Court Advisor (CAFCASS) to see whether the child is old enough to have clear views. Whether the child is confused about what should happen. The courts are very reluctant to place on a child the burden of deciding which parent they would rather be with.
Although their views will certainly be listened to and represented in court, the judge will use them as just one factor in deciding the best outcome for the child in the long term.
The amount of weight that is placed on the wishes of the child will vary hugely according to the individual circumstances of the case. How old the child is and how clear the child's view are. Older children are more aware.

Fresh applications for Residency are affected by how they might undermine the child's existing stability.
This is the heart of the problem. Fathers often conceed the residency when the children go with the mother on the default of the separation.
The courts provide for the residency case to be heard at this point.
Note that means, that each parent should get a fair and equal chance at a FIRST Residency Hearing.
My solicitor is suggesting I apply for a Contact Order in the face of a spouse hostile to contact.

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Conclusion

"Forty Percent Of Fathers Lose Contact With Their Children Inside Two Years"

SplittingUp.htm   FamilyLawAct1996.htm  Contact.htm