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Your Position Statement is where you set out your case to the court. You must not put what YOU want but what is in your child‘s best interest. Remember that the Children Act 1989 gives no rights to parents, so do not refer to your rights, however much you think they are being ignored. The purpose of the Statement is to give the judge an understanding of the dispute and an indication of what you would like the court to do in order to resolve it.
Whether you can take your child abroad on holiday is one of the most common questions separated parents ask.
A brief consideration of sole residence awards to mothers and fathers.
FAQs about children and dissolution
Married parents share joint parental responsibility and come before the Court as equals. The children's welfare is the court's paramount consideration. If there is a dispute as to with which parent the children should live, the court must decide one after either parent issues a formal application to the court for a residence order. In considering which parent is best able to meet the child's best interests, the Court will apply the "welfare checklist" (s1(3) Children Act 1989).
If there is a dispute as to with which parent the children should live, the court must decide one after either parent issues a formal application to the court for a residence order. In considering which parent is best able to meet the child's best interests, the Court will apply the "welfare checklist" (s1(3) Children Act 1989).
There are two kinds of joint custody, legal and physical. Joint legal custody gives the non-residential parent the right to participate in major decisions about the children's upbringing and to view various records. In the traditional sole custody arrangement, the non-custodial parent has a right to a limited amount of contact with the child, and the requirement to pay child support, but is in many ways legally equivalent to a stranger. For example, a non-custodial parent cannot access his or her own child's medical records without the custodial parent's permission. Joint legal custody does not affect the child's living arrangements. Often it is granted with the traditional residence arrangement, in which the child lives with one parent but is permitted to visit the other parent four days per month.
With joint physical custody (also called shared parenting), the child lives with both parents, often on an alternating week basis. Joint physical custody is usually defined as a schedule where the child has at least a 30/70 time share between parents, although 50/50 arrangements are common (Ricci, 1981). Joint physical custody is almost always accompanied by joint legal custody.
An explanation of contact in light of the new Child Arrangements Orders.