Residence Orders

There may come a time – either as the result of a separation or a divorce – where the issue of where the children live and which parent they should live with comes to the fore. For this reason the application for a Residence Order is normally made.

What is a Residence Order

A Residence Order is an order issued by the Family Proceedings Court which details where the children of a failed marriage should live and which parent they should reside with. This order normally provides details of where the children should live and also when and where they can be visited by the parent who has failed to gain residency.

Applying for a Residence Order

You should only apply for a Residence Order if you and your partner cannot agree as to where the children should live. This is a process that must take into consideration the feelings of the children and therefore if at all possible it is best to come to some understanding about residency and visitation before pursuing the matter through official channels.

If you and your partner cannot come to an amicable arrangement relating to the living arrangements then you should consult with a solicitor specialising in family law. He or she will advise you on the best course of action to take and may suggest that a period of mediation is entered into before pursuing the matter through the courts.

Paramountcy

This is the term used to describe how the court will look upon such requests for the issuing of a Residence Order. Paramountcy relates to the importance to the children of where they should live and also what is in their best interests. For example if the court feels that the children’s best interests would be best served living with their mother than they are obliged – although this is not definite – to issue in her favour.

The most important aspect of any court proceeding relating to the care and well being of your children is what is best for them. This is something that can become something of a secondary issue if the circumstances between parents is not amicable.

It is for this reason that you should first discuss the situation with your children if they are old enough to understand. And likewise, although you might not like the answers, if the children are old enough to decide as to where they would be best off living then you should ask their opinion on this.

It is worth noting that if such proceedings do reach the courtroom then a ward of the court will be appointed to ask these questions in an impartial and non-intrusive manner and the court is bond by law to take the children’s thoughts into consideration.

Visiting Rights

If you are the parent that the court has ruled against then you will have visiting rights. This means that between you and your partner you must agree – or the court will make a ruling on your behalf – as to how often and for how long you see your children each day or each week.

It is best in this instance to remain level headed and try to reach agreement between yourself and your partner. It is important that the children have access to both parents and also have the means to contact either parent as and when they wish to. The court may also rule that telephone calls are allowed in between visits in order to maintain some level of continuity.

The most important thing to remember during the application for a Residence Order are the thoughts and feelings of the children involved. You should – at all times – make sure they are aware of the fact that they are not at fault and are not to blame for the circumstances in which they are caught up.

As important as the knowledge that the children are living in a safe environment is it is also of paramount importance that the children know wherever they live they are loved and wanted.