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Hi
I am listed fo magistrates hearing very soon for a court order. I am appealing to get shared residency whereas the mother says she will oppose that and wants me to settle for a contact order. I have tried looking at several places though cant find out the exact difference.
What is the difference between contact order and shared residency. I understand shared residency gives me more powers but please educate me. What is it that a contact order will not give me which a shared residency will.
Thanks
Raj
I suppose it's a difference in the amount of time in reality - both parents would have dedicated space for a child to live in, and there would probably be a set time of which days of the week. A contact order defines how much contact you have, and on what days - it may include staying contact. Shared residency also comes down to practicalities with schooling etc.
A Contact Order is an order that is granted to the non resident parent that details which days/nights and the frequency of contact with the child/children. The order can also define extra time during holidays and such things as giving each parent alernate birthdays and christmas. The perception is that the resident parent is the one calling the shots and the other parent holds a lesser position. The children have only one main home and merely visit the non resident parent, usually on alternate weekends and for a couple of hours midweek on a weekly basis.
A Shared Residence Order means that the child effectively has two homes. It is important to note that a Shared Residence Order does not mean a 50/50 division of time between each parent though. A shared care arrangement would mean an equal division of time between each parent, a Shared Residence Order does not. Shared Residence Orders are being increasingly favoured by Judges to emphasise to parents the equality of their position and responsibilities. The orders help convey a message that neither parent has more control than the other and that the Court expects both parents to work together and cooperate for the benefit of the children.
Personally I think Shared Residency could work well if the two parents involved can work together for the good of their children, but if the situation has aoready reached the Court stage, this means that the parents have failed to work together...If it were me I would want a Shared Residency Order with defined contact.
Thanks for your reply. Does a shared residency expect me to commit to being in the country till the child is 18 years of age ? I will be but do I have to give a written commitment for that ?
Not that I am aware of - if the court required it, they would ask for a legal undertaking, but I can't see that they would ever do that anyway simply because it's not enforceable. If they think you may not stay, I would have thought (my opinion only though) that it may make them think a little harder about shared residency.
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