Page 32 - Federation magazine: October / November 2016
P. 32

Custody, residence or child
arrangements – what’s in a name?

There was a                                    a child will spend time with parent A on        than semantics!
        time when                              certain days (as set out in the order) and      	 You want to know when there is a
        the court                              parent B on certain days (as set out).          dispute about the arrangements for the
made orders for                                	 Typically arrangements are made for the       children and there are court proceedings
custody and                                    term time, with different arrangements          that you get the right order. It is important
access and those                               during school holidays and for special          to consider and ensure there is sufficient
words have fallen                              occasions such as Christmas, birthdays and      detail in any order as to the arrangements
into general                                   mother’s or father’s day.                       – how are they going to work in practice,
parlance and are                               	 In my experience, however, courts still       how long is the child going to spend with
often still referred                           regularly refer to a child residing with one    each parent and when, what are the
to by people,                                  parent and having contact with the other        collection and delivery arrangements, how
although no                                    parent. This is however now called a child      will school holidays be spent both the half
longer used by the                             arrangements order not a residence order or     terms and longer holidays, Christmas and
court.                                         contact order. Is there a difference? For both  special days, what arrangements will there
	 These terms were then changed to             parents it can be really important how the      be for the child to have FaceTime or
residence and contact to perhaps minimise      arrangements are described, even if they        telephone calls with the parent they are not
the suggestion that the children were in the   agree how the time should be shared.            with at any given time? Getting the detail
‘control’ or ‘ownership’ of either parent, so  	 For instance, the parent with whom the        and the wording right is vital.
the child would live with one parent and       child spends most of their time may feel it is  	 These are matters which Sally Leaman of
have contact with the order, or residence      important that is reflected in an order         Gorvins can advise on. If you need advice in
could be shared.                               expressing they are living with that parent.    relation to any dispute regarding the
	 That wording was changed again in the        Equally the other parent may feel it is         arrangements for children please contact
last few years such that the court stopped     important that the order expresses the child    Sally who is a partner at Gorvins solicitors.
making ‘residence orders’ or ’contact orders’  is living with each parent during the time      Sally holds clinics twice a month at
and instead make ‘child arrangements           they are with that parent, so it is recognised  Guardians House to provide initial free
orders’ setting out the arrangements for the   each parent is equally important to the care    advice on family law. If more convenient she
child. Therefore these can be expressed that   of that child. For both, it can be far more     can be contacted by phone on 0161 930 5117

        Sally Leaman,
           Partner and

Head of Family Law

                                               Watching out
                                               for YOU…

                                               …whilst YOU watch out for others

                                               With 20+ years’ experience working with the police, Gorvins Solicitors,
                                               have been a leading provider of legal services to the Police Federation
                                               and all its members. Whilst you protect your community our aim is to
                                               protect you on any legal issues you may be experiencing.

 Contact your dedicated force                  Cost effective: Fixed fees and                  Other Family Services
 representative Sally Leaman today on          discounted rates for of?cers, police            U Wills, trusts and probate
                                               personnel and families                          U Employment law
0845 6347 999                                                                                  U Residential conveyancing
                                               Expert team: Specialists in police              U Personal injury claims
 e-mail police-divorce@gorvins.com             pension treatment on divorce and
 or visit us at www.gorvins.com/               dissolution                                        (on or off duty)
 police-divorce/west-midlands-                                                                 U Dispute resolution matters
 police-federation                             Prompt service: First appointment
                                               free and no matter is too small
32 federation October/November 2016
                                               www.westmidspolfed.com
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