My view is that doing away with the labels of Residence and Contact is a good thing. It can be hard for parents where one is given Contact in an order and the other Residence.
(PRWEB UK) 20 February 2012
Lisa Pepper, a partner at Osbornes reports that the government has announced in their response to the Family Justice Review that there is to be a change in the law governing cases where separated parents disagree about the caring/living arrangements of their children.
If the parents cannot resolve matters amicably and court proceedings are commenced, the provision for Residence Orders and Contact Orders in the Children Act 1989 is to be repealed. Instead there will be a Child Arrangements Order.
“My view is that doing away with the labels of Residence and Contact is a good thing. It can be hard for parents where one is given Contact in an order and the other Residence. The Residence Order can be perceived as one-upmanship and used as a stick to beat the other parent with.
"It’s not necessarily good for the children if they know of this superior standing of one parent over the other. The important thing is the amount of time a parent is granted with a child - how many overnight stays, a share of the holidays, how Christmas arrangements are going to work, etc. Having said that, I expect many people who want a Residence Order are going to bring a case before this window closes for good.”
Lisa Pepper is a partner at Osbornes Solicitors LLP. The Legal 500 describes her as "constructive and smiling whatever the challenges." Lisa is an Accredited Resolution Specialist in: (i) financial settlements on divorce; (ii) cases where cohabiting couples separate and disagree about the ownership of their property; collaborative law. Lisa has one of the largest collaborative law practices in London. Follow her on twitter @LisaPepperLaw.