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I keep hearing about “Custody” but I need a “Residence” Order don't I?

Solicitor and Managing Director

A Residence Order is an order made by the Court which confirms that a child is to reside with you. This also means that you are able to take the child out of the country for up to one month without the permission of any other person who has parental responsibility for them.

Residence Orders often incorporate “Contact” Orders which are orders made by the Court defining the contact that the “absent” parent is to have with a child.

There is now in English Family Law no such thing as “Custody”. “Custody” is basically the old word for “Residence”. Legislation as far back as 1989 brought in the term “Residence” instead of “Custody” and “Contact” instead of “Access”.

Unfortunately the terms “Custody” and “Access” are still frequently used particularly by the media – newspapers, radio and television. In a recent episode of Coronation Street I cheered when a character mentioned that he had obtained a “Residence” Order only shortly afterwards to groan when he referred to the term “Custody”!

Remember “Residence” and “Contact” not “Custody” and “Access”!!!

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