Residence and Contact with Children

Where there is a dispute between parents in relation to the arrangements for a child, a family court can be asked to make decisions (orders) in relation to residence (with whom a child resides), contact (how much time a child will spend with each parent) and other specific issues (anything from school selection to medical treatment and international relocation). 

Typically, a child will reside with one parent but the concept of shared residence is becoming increasingly popular with separating families.  A shared residence agreement or court order does not necessarily mean that a child’s time will be split equally between the parents but it is a recognition that a child spends a significant amount of time with both parents and has, in effect, two homes.

It is extremely rare for one parent to have no right to see their children post separation.  If the parents cannot agree on the amount, dates and times of contact, a court can be asked to impose a contact order on one parent.  As a general principle, the courts consider that it is in a child’s best interests to have regular contact with both parents.  The amount of contact depends on the particular circumstances of the family which may change over time.  Increasingly a child’s wishes and feelings are established and taken into account in any decision making.

For advice about your children or to arrange a consultation with one of our family lawyers, please contact Jane Keir on + 44 (0)20 7814 1200 or email jkeir@kingsleynapley.co.uk.