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Residence and
Contact:
Carr Hepburn can
help you if you need
legal advice on any
aspect of dispute
where children are
involved and discuss
ways of resolution
which will provide
the best outcome for
the children.
Whether you are a
parent, grandparent,
relative or close
friend needing
advice about the law
relating to
children.
Contact and
residence orders
were introduced by
the Children Act
1989, which came
into force on 14
October 1991.
Parental
Responsibility was
also introduced.
Residence Order
- used to be known
as "custody". This
order determines
where the children
should live.
Contact Order
- used to be known
as "access". This
formalises the
arrangements for
visits and overnight
stays with the
non-resident parent.
Parental
Responsibility (PR)
- Parents of a child
who are married to
each other at the
time of birth will
both have PR
automatically, even
following divorce.
Unmarried fathers
whose children were
born after 1st
December 2003 obtain
PR automatically if
they are named on
the birth
certificate. Others
can apply for PR,
such as
step-parents,
unmarried fathers
(not on birth
certificates) or
with children born
before 1st December
2003) and those in
Civil Partnerships.
PR is also
automatically
obtained if a
residence is made in
your favour.
Court applications
can be made to the
court for the above
orders, which the
court can make as
well as orders
limiting parental
rights and duties,
or to resolve a
specific issue that
has arisen.There is
a presumption in
Contact, Residence
and Parental
Responsibility
disputes that the
court should not get
involved. The court
will only intervene
if there is a
dispute.
How we can help?
Our Family Team are
experienced in
dealing with these
disputes and we can
advise on any aspect
of a dispute
involving children.
We aim to guide you
through the
decisions you will
need to make to
reach the best
outcome for your
children.
We offer very
competitive rates,
including fixed fees
for certain cases.
We also offer public
funding (legal aid)
subject to
eligibility. Please
contact us if you
require any
information about
your public funding
eligibility.
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