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Hi, I have a family member who has an agreement that states the kids will reside with the estranged parent every other weekend. The mother is trying to enforce that the children must stay with the estranged father at all times (i.e. reside) and may not be left with other members of his family. This has come to a head of late because the Father started a new job and the nominal time for collection of the children was earlier than the finish time of work. Consequently breaking the agreement. She effectively argues that there is now no agreement and is saying she will allow one sleepover instead of the normal two every other weekend.
A google of the word reside gives one meaning as - to be vested as a right. I feel this would be the legal meaning in such an agreement which has been drawn up with lawyers (Scots Law)
Any opinion here on what the accepted meaning of reside is?
Thanks, B8
Hi there
I'm not too sure about Scots Law to be honest, but generally speaking, an agreement drawn up by solicitors and not rubber stamped by the court, isn't legally binding.
When children spend time with either parent, it's up to the parent they're with at the time to decide who their children spend time with and where that happens, it's not for the other parent to dictate how they spend their time, unless there are safeguarding issues with any person that comes into contact with the children.
When a court order states that the children will "reside" with the other parent every other weekend, that usually indicates that residence is shared, even though the time spent with either parent isn't equal.
It might be helpful to have a chat with the Scottish Childrens Legal Centre, here's a link to their website
www.sclc.org.uk
Hope that helps
Thank you very much for your reply and for the link. B8
Hi, I'd just like to say that the Scottish Children’s Law Centre has confirmed along the lines of what you say. They did not offer any legal definition of reside.
I gather that it's not really necessary to argue over that anyway.
Many thanks for your help, B8
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