Getting separated or divorced is not just about the parents, but it also involves any child out of the relationship. The issue of divorce also involves looking at the well-being and the future of the child. Several issues, such as child arrangement order, custody order, etc., become fundamental after the divorce settlement. Residence orders are made under the Children Act 1989 as amended by the Children and Families Act 2014. The issue of where and with whom the children will live is essential after a divorce or separation. To settle this, the application for a residence order is usually made.
What is a Residence Order?
A residence order is an order given by the family proceedings court and specifies in detail the residential arrangements of the child. It rules which parent the child is going to live with, under the scope of child arrangement order. This order also chalks out the details of when and where the child can visit the parent who has not obtained the child custody order. Once the order is issued, the parental responsibility goes to the person with whom the children will be living.
A residence order helps bring stability in a child’s life which the courts will be looking for while deciding upon the issue of residency of the child. Residence order comes within the scope of the child arrangement order itself. You can seek the help of child custody lawyers to make an application for obtaining the residence order and child custody and arrangement.
How to Get a Child Residence Order?
You can apply to the Family court to get a residence order. You can do this, but you might have to attend mediation before the court hears your case. To draft an application for a child arrangement order, you will have to apply to the court under the Children’s Act 1989. You will need to prove to the court that you have attended a meeting called MIAM (Mediation Information and Assessment Meeting). The mediation has not proved to be effective in resolving the issue.
In certain cases, you don’t have to attend the mediation meeting before making an application. These cases could be incidences of domestic abuse or the involvement of the local authority with your family. You can make an application for the child’s residence order online through the government’s website. You can seek the advice of child custody lawyers to help you guide through the mediation and court proceedings when it comes to obtaining the custody and responsibility of your child.
Things that will be considered in the court
The court will consider the following things:
- The physical, emotional, and educational requirements of your child.
- The capabilities of the parents in taking care of the child.
- The effects on your child due to a change in the circumstances.
Contact the Best Child Custody Lawyers for Aid and Advice
If you face the conundrum of child custody and arrangement, immediately call our family law experts at Osbourne Pinner for initial legal support. Our child custody lawyers have years of experience in family law and child law and will offer you professional counselling on mediation as well as court orders. We are available 24/7 at your disposal. We understand that court proceedings can be emotionally and financially draining, and hence we offer a quick and timely resolution of the residency and other child arrangement issues.