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Divorce Court Orders for Children

A residence order states which parent or other adult the child will live with.  The court reviews available information and decides who will best meet the needs of the child.  The work routines of both parents are reviewed to determine whose work routine fits the needs of the child.  In recent years, there has been an increase in the number of fathers being chosen to have their children live with them.

A CAFCASS, Child and Family Court Advisory Support and Service, officer is a court-appointed official.  This official talks extensively with the child and submits a report to the parents and court of the child’s view of the circumstances.  Any unreasonable influence by one of the parents will also be noted.

If there is more than one child in the family, the welfare checklist, established guidelines to ensure the child’s well-being, is considered for each child.  Children are rarely separated between the parents.  Residence orders last until the child is sixteen years old unless there are unusual circumstances involved in the case.

Contact orders determine the arrangements for the child to visit and stay with the parent not living in the house.  Orders can be made for specific pick up times and places and for contact to be made by mail or phone.  The frequency and length of the visitations are set according to the child’s best interests.

The court uses the welfare checklist to help determine the best contact arrangements for each child.  The distance between the parent’s houses and the age of the children are considered in the decision.  If the parents disagree about the terms of the contact order, a solicitor will submit an application to the court or a mediation will be arranged.

Parental responsibility orders are normally granted to give an unmarried father parental responsibilities for the child.  The court determines how attached the child is to the father, the father’s level of commitment, the father’s reasons for applying for the order, and the mother’s reason for opposing the father’s application.  The parental responsibility order gives the father a voice in the most important decisions involving the child.

Two additional court orders are the prohibited steps order and the specific issue order.  The prohibited steps order prevents a particular course of action from taking place, such as a parent leaving the country with the child or changing the child’s surname.  A specific issue order states specific terms for the child’s upbringing, such as schools the child will attend and the use and types of medication that will be administered to the child.

 

2008-02-16

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2008-02-10
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