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Encyclopedia > Residence in English law
Family law
Entering into marriage
Prenuptial agreement  · Marriage
Common-law marriage
Same-sex marriage
Legal states similar to marriage
Cohabitation  · Civil union
Domestic partnership
Registered partnership
Dissolution of marriage
Annulment  · Divorce  · Alimony
Issues affecting children
Paternity  · Legitimacy  · Adoption
Legal guardian  · Ward
Emancipation of minors
Parental responsibility
Contact (including Visitation)
Residence in English law
Custody  · Child support
Areas of possible legal concern
Spousal abuse  · Child abuse
Child abduction
Adultery  · Bigamy  · Incest
Conflict of Laws Issues
Marriage  · Nullity  · Divorce

In Family Law, 'residence is an Order of the Family court under s8 Children Act 1989 following the breakdown of a marriage and determining where the child(ren) are to live and with whom. The Order can be Sole or Joint, and if Joint, it can be made to a couple regardless whether they are married. If a Residence Order is granted, this automatically gives him, her, or them parental responsibility for the child(ren) which will continue until the Order terminates (usually this will be until the child(ren) are sixteen unless there are exceptional circumstances justifying a longer period). Image File history File links Scale_of_justice. ... Family law is an area of the law that deals with family-related issues and domestic relations including, but not limited to: the nature of marriage, civil unions, and domestic partnerships; problems during the marriage including spousal abuse, legitimacy, adoption, child abuse, and child abduction the termination of the relationship... A prenuptial agreement or antenuptial agreement, commonly abbreviated to prenup, is a contract entered into by two people prior to marriage or civil union. ... To meet Wikipedias quality standards and appeal to a wider international audience, this article may require cleanup. ... Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute is, historically, a form of interpersonal status (as distinct from a personal status) in which two people are legally married without obtaining a marriage licence, or going through a formal solemnisation process. ... Same-sex marriage is marriage between two people who are of the same characteristic sex. ... Cohabitation is an arrangement where two unrelated people live together, often as part of a sexual relationship. ... A civil union is one of several terms for a civil status similar to marriage, typically created for the purposes of allowing same-sex couples access to the benefits enjoyed by married opposite-sex peoples (see also same-sex marriage); it can also be used by opposite-sex couples who... Domestic partner or domestic partnership identifies the personal relationship between individuals who are living together and sharing a common domestic life together but are not joined in any type of legal partnership, marriage or civil union. ... See also: Civil Union Volker Beck, a member of the Green party caucus of the Bundestag, is the father of the German law. ... Annulment is a legal procedure for declaring a marriage null and void. ... Divorce or dissolution of marriage is YOUR MUM the ending of a marriage before the death of either spouse, which can be contrasted with an annulment which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support... In many countries alimony, maintenance or spousal support is an obligation established by law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated, though in some instances the obligation to support... Paternity is the social and legal acknowledgment of the parental relationship between a father and his child. ... Freiheitsrechte Recht auf Leben, Freiheit, Eigentum, Sicherheit der Person Allgemeine, nur durch Gesetz beschränkbare Handlungsfreiheit Freiheit von willkürlichen Eingriffen in die Privatsphäre (Wohnung, Briefgeheimnis etc. ... Adoption is the legal act of permanently placing a child with a parent or parents other than the birth parents. ... A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. ... In law, a ward is someone placed under the protection of a legal guardian. ... Emancipation of minors is a process that occurs when a court (or another body given that authority) declares that someone who is still a minor is nevertheless to have the legal rights of an adult, and to be free of any authority from their parent or other legal guardian. ... In the states of the European Union and elsewhere, parental responsibility refers to the rights and privilieges which underpin the relationship between a child and either its parents or those adults who have a significant role in its life. ... Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parents duty to care for the child. ... In many countries, child support is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or marriage that has broken down. ... Spousal abuse is a specific form of domestic violence where physical or sexual abuse is perpetuated by one spouse upon another. ... Child abuse is the physical or psychological maltreatment of a child. ... Child abduction is the abduction or kidnapping of a young child (or baby) by an older person. ... Man and woman undergoing public exposure for adultery in Japan, around 1860 Adultery is generally defined as consensual sexual intercourse by a married person with someone other than their lawful spouse. ... Polygamy, literally many marriages in ancient Greek, is a marital practice in which a person has more than one spouse simultaneously (as opposed to monogamy where each person has a maximum of one spouse at any one time). ... Incest is sexual activity between close family members. ... Private International Law, International Private Law, or Conflict of Laws is that branch of public law regulating all lawsuits involving a foreign law element where a difference in result will occur depending on which laws are applied. ... In Conflict of Laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural community existence. ... In Conflict of Laws, the issue of nullity (known as annulment in the United States) in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null. ... In modern society, the role of marriage and its termination through divorce have become political issues. ... Family law is an area of the law that deals with family-related issues and domestic relations including, but not limited to: the nature of marriage, civil unions, and domestic partnerships; problems during the marriage including spousal abuse, legitimacy, adoption, child abuse, and child abduction the termination of the relationship... A family court is a court convened in the UK to make orders in respect of childrens residence. ... The Children Act 1989 is a British Act of Parliament that altered the law in regard to children. ... To meet Wikipedias quality standards and appeal to a wider international audience, this article may require cleanup. ... A female child A child (plural: children) is a young human. ... In the states of the European Union and elsewhere, parental responsibility refers to the rights and privilieges which underpin the relationship between a child and either its parents or those adults who have a significant role in its life. ...


Who can apply?

The following can make an application for a Residence Order under s8 as of right:

  1. the parent or guaradian of the child(ren);
  2. a married step-parent of the child(ren) where the child(ren) lived with the step-parent as child(ren) of the family;
  3. anyone with whom the child has lived for at least three years (this period need not have been continuous but must have been recent).
  4. anyone who:
a) where there is already a Residence Order in place has the consent of every one who holds that Order, or
b) who has the consent of the local authority where the chid is in their care, or
c) has the consent of every one who has parental responsibility for the child.

If an applicant cannot apply for the Order as of right, e.g. they are wider family members such as grandparents who wish to seek orders for their grandchildren, they can make an application to the court seeking leave to issue the application. In deciding whether to grant leave, the court will consider, amongst other things: Parenting comprises all the tasks involved in raising a child to an independent adult. ... A family of Ouagadougou, Burkina Faso in 1997 A family is a domestic group of people, or a number of domestic groups, typically affiliated by birth or marriage, or by comparable legal relationships including domestic partnership, adoption, surname and in some cases ownership (as was the case in the Roman...

  1. the nature of the application,
  2. the applicant's connection with the child, and
  3. the risk that the proposed application might disrupt the child(ren)'s life to such an extent that they should be harmed by it.

The welfare principle

As a matter of public policy, the courts have always operated under the doctrine of parens patriae to make the best interests of any children their first and paramount concern. From time to time, this doctrine has been included in statutes, the most recent relevant version being s1 Children Act 1989 which requires the court to consider the "welfare checklist", i.e. the court must consider: Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ... Parens patriae is Latin for parent of the fatherland or parent of the homeland. ... Best interests or best interests of the child is the doctrine used by most courts to determine a wide range of issues relating to the well being of children. ... A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ...

  1. The ascertainable wishes and feelings of each child concerned (considered in light of his or her age and understanding);
  2. His or her physical, emotional and/or educational needs;
  3. The likely effect on him or her of any change in the circumstances;
  4. His or her age, sex, background and any other characteristics which the court considers relevant;
  5. Any harm which he or she has suffered or is at risk of suffering;
  6. How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his or her needs;
  7. The range of powers available to the court under the Children Act 1989 in the proceedings in question.

A child is not automatically a party to the proceedings and will be represented by a Guardian ad litem unless the court considers it necessary. If a Guardian is appointed but the children and the Guardian do not agree on what recommendations to make to the court and the children are of sufficient age and understanding, they will be able to instruct a solicitor directly to represent their views and the Guardian will present an independent view to the court. Whether or not a Guardian is appointed, the court can request a Welfare Report under s7 Children Act 1989, either from the local authority where the child currently resides or from a Children and Family Reporter who is an officer appointed by CAFCASS. The report will usually inform the court of the child's wishes and feelings, but the officer will recommend what he or she thinks is in the child's best interests in the circumstances of the case rather than just advocate the child's wishes. A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. ...


Discussion

A Residence Order has a number of consequences of varying degrees of significance. In practical terms, it determines where any children will live which will affect the arrangements for schooling, health care, etc. This restricts the right of the party holder the Order to remove any child from the United Kingdom for more than one month without the agreement of everyone with parental responsibility or an order of the court. Where the child is to live may also be a relevant factor in the practicality of making Contact Orders. The Order also prevents anyone changing any child's surname without a specific order of the court. It is felt that continuity of naming is usually in the child's best interests unless there is some very specific reason for concealing the child's existing name.


 
 

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