Residence Orders were Court Orders stating who a child should live when their parents separated. They, along with Contact Orders, were replaced in 2014 with Child Arrangements Orders. Child Arrangements Orders now deal with all issues relating to where a child should live and who they should spend time with.
Arrangements relating to a couple’s children can be some of the hardest fought and most emotive when a relationship breaks down. Coming to terms with no longer living with your child or seeing them only for specific periods can be incredibly difficult. That’s why our specialist family law solicitors treat each and every client with the sensitivity and empathy their situation requires. They will take the time to get to know you and your family and develop a deep understanding of your concerns and priorities. They will work tirelessly to secure an outcome that is fair to all involved and minimises the impact of your split on your children.
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What Was A Residence Order (Formerly Known As Child Custody)?
A Residence Order was a Court Order made in family proceedings that decided who a child should live with. The terminology ‘residence’ replaced the previous term ‘custody’. There were three types of Residence Orders: sole, joint and shared.
A sole Residence Order was made in favour of one person. A joint Residence Order was made in favour of two or more people living in the same household, such as a mother and stepfather. A shared residence order was made in favour of two or more people living in different households.
Alongside Residence Orders, the Court would usually make a ‘Contact Order’ to specify how often the non-resident parent would see the child. A Contact Order required the resident parent to allow the child to visit or stay with the other parent, or otherwise have contact with them.
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What Happened To Residence Orders?
In April 2014, the Children and Families Act replaced Residence Orders and Contact Orders with Child Arrangements Orders. Child Arrangements Orders cover both residency and contact arrangements.
What Is A Child Arrangements Order?
A Child Arrangements Order dictates where your child should live and who they should spend time with. It may include details about the types of contact that should take place between the child and the parent they don’t live with, such as phone calls.
Before asking the Court to make a Child Arrangements Order, it’s important to try to agree on the arrangements for your child with your ex-partner. To encourage parties in this regard, the Courts oblige a separating couple to attend a meeting known as a ‘Mediation Information & Assessment Meeting’, more commonly referred to as a MIAM. Certain cases, such as those involving domestic abuse, are not subject to these requirements.
At a MIAM, a specially trained third party, the mediator, will discuss the issues with you and your ex-partner to assess whether your case might be suitable for mediation. Their decision is not binding, and you can still make a Court application if you wish. However, unless there are compelling reasons for wanting to discount mediation, it’s often sensible to give it serious consideration.
The flexibility of mediation enables the parties to find a solution that works for them and their family. If you can settle your issues without litigation, you’ll limit your legal costs and avoid the time and stress of Court hearings. Furthermore, and crucially, keeping any ongoing acrimony between you and your ex-partner to a minimum can make the situation easier on your children.
If you agree to engage in the mediation process, a mediator will work with you and your ex-partner to find common ground and reach an agreement about where your child should live and contact arrangements. You retain full control of the process, from deciding the time and date of the mediation to its format. Mediation is entirely confidential, and anything you say during it can’t be referred to in Court proceedings. If you and your partner resolve your issues, our family law solicitors will make it binding by way of a Settlement Agreement or Court Order.
Of course, some issues are simply incapable of resolution other than through Court intervention. In these cases, the mediator will issue a certificate confirming your attendance at a MIAM to prove that you fulfilled your obligations to attend a meeting. You can then proceed to make your application for a Child Arrangements Order.
Do I Need To Reapply For A Child Arrangements Order If I Have A Residence Order?
No, individuals with existing Residence Orders or Contact Orders do not need to reapply for a Child Arrangements Order.
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