Residence
Residence replaces the old term “custody”. A residence order settles the arrangements to be made as to the person with whom a child is to live. It can be made in favour of a non-parent, who would then also automatically have parental responsibility as well, with certain limitations.
If there is a residence order no-one can cause a child to be known by a new surname or remove the child from the UK without either the written consent of every person with parental responsibility or the permission of the court.
A person with the residence order can take the child out of the UK for periods of less than one month without such consent.
In making a residence order a court will consider all the circumstances of each particular situation for example a person’s conduct, the emotional welfare and stability of the child, etc in deciding what is in a child’s best interests.
For further advice on this issue please do not hesitate to contact our Family Department Judi Bonham, Beth Evans, Fiona Thornton .