Moore Family Law

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Children

Children & Residence Orders

In cases involving children, court action should be used as a last resort and the welfare of the children will remain the paramount consideration.

Whether you are mother, father, resident parent, non-resident parent, primary carer or grandparents divorce or separation can leave a number of issues to resolve with regards to the children.  It is always better if the parents can agree the arrangements but if you can't we can discuss how best to proceed.  Click here to Contact Us.

If you are not able to agree here are some of the orders you can apply for:

1.   Parental Responsibility

"all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property"

An unmarried father will automatically acquire parental responsibility if named on the child's birth certificate, after 1st December 2003.  If not, Parental Responsibility can be acquired by a formal written agreement with the mother or by Court Order.

2.     Residence Order (formerly know as Custody)

A Residence Order confirms who the child/children live with and can be made in favour of either parent or as a Joint Residence Order in favour of both parents.  A person having a Residence Order authomatically acquired Parental responsibility. 

3.    Contact Order

This is exactly what it says on the time, an order which sets out the contact to be exercised by the Non-Resident parent

 

In emergency situations where a non-resident parent has removed your child/refuses to return your child there are emergency applications which can be made and can be discussed in more detail.  Click to contact Us