Residency Order and Child Contact

billa_champion

I have a friend who is in the middle of a messy divorce. At the court hearing for residency of the children the judge awarded equal residency. So I assumed that both mum and dad would get the kids for an equal amount of time. However, the judge then decreed that the father only has them one night a week. I am confused. Can anyone explain this apparent inconsistency?? I've tried searching online but not had any luck. Thanks in advance.

RAS

I suggest you go back to the friend and ask for the exact wording?

podperson

Does he maybe mean a Shared Residency? Where the child spends a set time with each parent and they are both given equal legal status in regards to the child. Though as far I am aware they aren't that common so maybe he does need to double check exactly what it was.

DX2

billa_champion wrote: »

I have a friend who is in the middle of a messy divorce. At the court hearing for residency of the children the judge awarded equal residency. So I assumed that both mum and dad would get the kids for an equal amount of time. However, the judge then decreed that the father only has them one night a week. I am confused. Can anyone explain this apparent inconsistency?? I've tried searching online but not had any luck. Thanks in advance.

Residence Orders - section 8 Children Act 1989
These orders decide who the child is to live with. The granting of a residence order to someone automatically gives him or her parental responsibility for the child if they do not already have it. Parental responsibility obtained as a result of a residence order will continue until the order ceases.
A residence order lasts until the child is 16 unless the circumstances of the case are exceptional and the court has ordered that it continue for longer.
A residence order can be granted to more than one person whether they live together or not.
A residence order prevents anyone changing the surname of or removing from the UK (for more than 1 month) any child who is the subject of the order without the agreement of everyone with parental responsibility or an order of the court.

Contact Orders - section 8 Children Act 1989
These are orders that require the person with whom a child lives to allow that child to visit, stay or have contact with a person named in the order.
Orders continue until the child is 16 years. The court will only make contact orders for children over 16 years old in exceptional circumstances.
Contact can either be direct e.g. face-to-face meetings with a person or indirect e.g. by letter, video, exchange of Christmas cards etc.
Some orders will be very specific as to times, dates and arrangements for contact; other orders will be more open with detailed arrangements to be made between the parties by agreement.
These orders are not just obtained by parents for contact with their children; there can also be orders for contact between siblings or the child and wider family members.
Sometimes the order will give directions that the contact is to be supervised by a third person. The order may also only be for a specific period or contain provisions which operate for a specific period.
Failure to comply with an order for contact may result in the court making further orders specifying activities that the resident carer has to undertake or the court making other enforcement orders which can include an order for unpaid work.
http://www.cafcass.gov.uk/the_law_about_children/contact_and_residence.aspx