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Does she have a residency Order?

  • madaboutcars
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08 Jun 12 #335763 by madaboutcars
Topic started by madaboutcars
There are lots of "things" going on with the ex wife at the moment, not helped by rumours of her moving away (more than 100 miles)

when we split over 7 years ago, we went to court as she stopped all contact, I remember that it was mentioned in the correspondence between both solicitors about the ex having a residence order but I cannot see it written in any of the Orders.

Would it be written anywhere other then in a order?

What are the benefits/negatives of her having one?

  • zonked
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08 Jun 12 #335768 by zonked
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I believe that only a court order could give your ex Residence.

It might be that a previous order stated ''...the children shall live with mother and have contact with father on...''. I believe that sort of wording would in effect have granted Residence to the ex, but stand to be corrected.

A residence order to your ex would mean that the children live with her and that you could not change that without a court order. The starting point being that the current status qou is seen to reflect their best interests.

Even without residence order, your still going to face those same presumptions.

  • Fiona
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08 Jun 12 #335771 by Fiona
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What are the benefits of a residence order? Practically there aren''t many. Parental Responsibility means both parents have equal responsibilities and rights to carry out those responsibilities. A residence order just determines where children live.

Someone with a residence order in their favour may take a child abroad on holiday without consent of the other parent and they may appoint someone as a guardian who will be given Parental Responsibility alongside the other parent with PR should the resident parent die. There has been some legal debate as to whether a contact order automatically bestows residence on the other parent and the consensus seems to be that it doesn''t.

In any event the reality of the situation is more important than whatever label is given to an order. If the defacto arrangement is a child lives with one parent, care is shared 50:50 or whatever the courts tend to base their decisions on that.

  • wscowell
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12 Jun 12 #336231 by wscowell
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Fiona''s pretty much there. A contact order usually says "..the children shall live with... and shall make the children available for contact with..." and if so it is Residence and Contact. If it doesn''t say where they are to live, there is no residence order.

If there is no residence order, either parent may take the children out of the country for holidays etc. There is no restriction. Good manners - telling each other what''s going on - doesn''t hurt, of course.

If there is a residence order, the parent who has it can take the children abroad for up to a month without having to ask anyone''s permission. This appears in s13 Children Act 1989. It''s amazing how many bodies, especially the passport office, get this topic wrong.

Hope this helps.

Will C

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