Residence

Residence Issues relate to where a child is to live following the separation of its parents.

The Court has the power to award an Order determining with whom a child is to live. This is known as a Residence Order and can be made in favour of non-parents and even people who do not live together.

A Residence Order carries automatic restrictions concerning changing the child's name or removing them from the United Kingdom.

Additionally a Residence Order vests power in the police to remove a child from the care of a non U.K. resident if this is contrary to the wishes of the person in who's favour the Order is made. Also, for example, the police can remove a child from one parent's care if, following contact, they have failed to return the child to the parent with whom the Order states that child should live. Without a Residence Order the police do not have the power to intervene.


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