What is a shared care order?
To reflect modern parenting, it is now commonplace for a court to order that a child shall live with both parents – called shared care arrangements. The concept is that the child has two main homes. Such orders specify the pattern of care for a child and when they shall live with each parent.
Does a residence order give parental responsibility?
A residence order (granted prior to 22/04/2014) or a Child Arrangements Order will automatically give Parental Responsibility to the person or persons who are named as having residence of the child(ren).
What are the rules of shared custody?
Shared custody is also known as joint custody, shared residency or shared parenting. This type of custody allows the child to spend an equal amount of time with each parent. Shared custody also enables both parents to have equal involvement in key decision-making that will impact the child.
How many nights a year is shared care?
If shared care happens for an average of one night a week or more (at least 52 nights a year), this can affect the amount of child maintenance. The more nights that the child stays overnight with the paying parent the less child maintenance is due.
What does a lives with order mean?
Residence – A ‘Live with’ Order or Shared Care Order Residence (previously known as Custody) is a term used to describe where the child will live for the majority of their time. When a relationship breaks down and parents do not live together, the child will usually live with either the mother or the father.
What does a child residence order mean?
A residence order is a court order ‘settling the arrangements as to the person with whom a child is to live. This means that you can take most of the decisions that a parent can take about a child’s care and upbringing.
Can I get a residence order without going to court?
You can apply to the Family Court to get a Residence Order. You can do this yourself, however you may want to attend Mediation before they hear your case.
Is a live with order full custody?
Who has Parental Responsibility under a child arrangement order?
The person named in a Child Arrangements Order shares parental responsibility for the child with the parents, and can make most important decisions on behalf of the child without needing the permission of the parents. It lasts until the child turns 18 unless the court states otherwise.
What happens if the court does not make an order for shared care?
If the court decides not to make an order for a child to have shared care by spending equal time with each of the parents, then it must then consider the child spending substantial and significant time each of the parents on the same three bases as outlined above.
When to apply for a shared care order?
Following a separation, many parents apply to Court for a child arrangements order to formally set out the living arrangements for the child/children, known as a shared care order.
How to vary Family Law Order about contact?
The test to vary orders about contact is at section 60, and says exactly the same thing, just with the word ” contact ” in place of the phrase ” parenting arrangements “. The general test under the Family Law Act to vary orders is at section 215 (1).
Where can a child be placed while under a care order?
The child can be placed either with their parents, relatives, in a children’s home or with foster parents. In certain circumstances, the child can be placed with their parents while still being subject to a care order. The local authority can, at any time, place the child in alternative accommodation if concerns arise.