When a relationship breaks down and the parents intend not to live together, they will need to agree on where the children are going to live and with whom. At Miller Samuel Hill Brown, our family lawyers have practical and legal expertise in this area and can help you reach an arrangement that works best for you and your family.
Residence is the term used to describe where the child will live the majority of the time. Parents may be able to agree on this but, if not, they may seek help through mediation or a residence order made by the court. Our expert solicitors understand that it is crucial to minimise the effect a separation or divorce has on any children of the couple.
A residence order will decide where the children will live. The court can also make a shared residence order, setting out how the children will divide their time between households. Be aware that a shared residence order does not necessarily mean equal time with each parent. The court will make their decision based on the children’s best interests. This will be based, amongst other things, on the emotional, educational and physical needs of the children and the capabilities of each parent.
These orders are not permanent and will usually last until the age of 16. The time period, however, can be longer if the circumstances sufficiently change to justify an extension.
As with child contact orders:
· Anyone who can claim an interest in the child can apply for a residence order. This can include grandparents, other family members and sometimes non-family members.
· The views of the child will be taken into account, particularly if the child is 12 years or over.
The residence order does not mean that the holder can decide on a child’s upbringing alone as both parents still have joint responsibility.
The law concerning children can be complicated. Court proceedings covering children are stressful too, and it is essential to have an experienced, expert family lawyer to help. We can also help with ongoing issues that may arise such as applications to move abroad and take the children, to stop children from being taken abroad, changing schools or changing a child’s surname.
At Miller Samuel Hill Brown we provide clear expert advice on all aspects of family law. Based in Glasgow City Centre, our family lawyers also help clients in Glasgow's West End, South Side, Paisley and across Renfrewshire, Lanarkshire and Central Scotland. If you are considering applying for a residence order concerning a child or want more information, please contact our family lawyers and specialists in child custody and contact matters via our online contact form.