What is a Residence Order and how does it work?

Residence Orders deal with the issue of where will your children live. Parents often regard the most important parental right as the right to have children living with them.  This is called the right of residence and a court order in relation to this right is called a Residence Order.  (The concept of residence has replaced the older concept of custody).  It is however possible for the court to make an order for shared residence and many couples manage to operate a shared care arrangement. 

Except in the case of small children, there is no legal presumption and therefore no bias in law in favour of mothers.  It has however been recognised by the courts that small children generally have a greater need for maternal care. TV and the News media have a lot to answer for in their continual slant that mothers always receive residence of the children. This is not the case and each Residence Order will be treated on it's own merits.

 If you need advice about a Residence Order or if issues have arisen regarding residence or contact with  your children you should not delay in getting further legal advice and in taking action to ensure that your children do not suffer from your absence. Contact us now for more information.