|
Shared residency, or joint residency, refers to the situation where the child of parents who have divorced or separated resides with each parent at different times, and each parent has equal status in law. In Family law shared residency differs from sole residency in that in the latter situation the child is deemed to be under the control of one parent (usually the mother), and the other parent is relegated to the status of contact parent, with no duties (other than financial ones) in respect of their offspring. In situations where shared residency is not the outcome, the excluded parent frequently feels a sense of outrage that an injustice has been perpetrated. Family law is an area of the law that deals with family-related issues and domestic relations including, but not limited to marriage, civil unions, divorce, spousal abuse, child custody and visitation, property, alimony, and child support awards, as well as child abuse issues, and adoption. ...
Shared residency was, until 2003, very rarely the outcome in Family law cases in the UK because guidelines produced by the President of the Family Division (the top UK faily court judge, Dame Elizabeth Butler Sloss) do not recommend it where one of the parents resists the idea. This position was also supported by the government minister responsible for overseeing the judiciary. The situation changed with a Court of Appeal hearing known as D. v D., in which it was held that residency of the children involved could be shared, even when one of the parents was hostile to the idea. Since that time shared residency has become a viable option in cases where both parents want to be fully involved in their children's upbringing. Family law is an area of the law that deals with family-related issues and domestic relations including, but not limited to marriage, civil unions, divorce, spousal abuse, child custody and visitation, property, alimony, and child support awards, as well as child abuse issues, and adoption. ...
In family law, each case is held to be unique, so the usual process of the interpretation of the law being based on precedents does not apply. Nevertheless there have, since D. v D. been several cases where shared residency has been awarded to children in spite of one parent's objections. A case in 2004, presided over by The Hon. Mr Justice Wall, has been reported [1]. Family law is an area of the law that deals with family-related issues and domestic relations including, but not limited to marriage, civil unions, divorce, spousal abuse, child custody and visitation, property, alimony, and child support awards, as well as child abuse issues, and adoption. ...
The prevailing custom in the UK in cases of disputed child residency has almost invariably been to indicate that the child's interests will be served by having a single 'base', which has usually been with the mother, regardless of how the father has performed, and regardless of the fact that in nuclear families and in non-disputed cases child care tends to be provided by both parents in varying proportions. Judge Wall indicated that shared residence can work well even when the parents would not speak to each other and only communicated by email. A nuclear family is a household consisting of two married, heterosexual parents and their legal children (siblings), as distinct from the extended family. ...
The position of the courts and the government effectively places parents who seek to remain involved in their children's lives after divorce or separation in a Catch-22 situation: if there were no dispute there would be no court case; if there is a dispute the fact of the dispute is used to disallow the outcome sought. Catch 22 can refer to: A book by Joseph Heller, or the movie based on the book; see Catch-22. ...
Justification to oppose shared residency is provided in the literature:
- Where involvement and responsibility are shared so is the decision-making. A father’s involvement in the domestic sphere means that the number of decisions that have to be negotiated greatly increases. Hence, in order to keep to a minimum the child-centred decisions and the inevitable conflicts, the father’s participation is restricted by the mother. (Hoffman, 1977, cited in New and David, 1985, p 205).
See also
Shared parenting is the common term used to describe a family arrangement after separation or divorce, in which the care of the children is substantially shared between the biological father and mother, leading to a situation where the child knows that both his or her parents are involved in their...
When parents separate there may be considerable advantage in formally agreeing how they will deal with the children. ...
In the context of child welfare, a contact centre is a supervised venue that exists to support and promote contact between parents, grandparents, guardians and children that do not live together. ...
The Fathers rights movement is a loose network of interest groups, primarily in western countries, established to campaign for equal treatment by the courts in family law issues such as child custody after divorce, child support, and paternity determinations. ...
Parental responsibility has a legal definition in England & Wales, where the Children Act denies this to many parents. ...
Naming the child, change of surname Residence_vs_contact Decisions_underpinning_a_parenting_plan Enforcement of court orders Parental responsbility Parenting_plan Passports Schools and medical issues Religious issues CSA vs Court agreement Housing issues Domestic_violence Reporting to third parties (NSPCC, Soc Services, etc) CAFCASS and the court system ...
External links - Department of Constitutional Affairs' Parenting Plan
- Feminist4Fathers - "Equal means equal. How hard is that to understand?"
- Shared Parenting Works
- Vision 4 Children ... "Now is the time and we are the people."
|
Feeds |
Contact