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Hi Everyone,
I've had a post on here and it raised the discussion of what the difference is when you have shared residence compared to a normal child arrangement order stating ''child lives with Miss X and spends time with Mr Y as follows....''
I've also been to a solicitor in the past and asked about the difference 'shared residence' would mean but I didn't get any more clarity on it. Anyway since then I have now found out it can effect whether or not you can take your child abroad on holiday without the written permission of the resident parent.
So does anyone know of any other factors that are effected by the term ''shared residence''. If so, can you add it to the list below to see if we can get some more clarity and awareness on this. Let's see how many points we can get......
If you have a child arrangement order which doesn't state that the arrangement includes ''Shared Residence'', then you must consider the following:-
1. It will be illegal to take your child abroad without the written permission of the resident parent. However if the order states the child lives with you then you can take the child abroad for up to 28 days without written permission from the other parent. So its important to make sure there is some sort of clause in your court order that allows you to take the child abroad during your time!
Note: It may also be worth adding a clause as to when you hand over passports to make sure you receive them in plenty of time (or at least to make sure you can find a replacement in time should it get lost!).
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We are trying to add to ours ' paternal and maternal family members can also take child on holiday in UK and abroad.
Just found this.
However, for parents the legal advantages are few and often none. Why then can so many cases come unstuck over the issue of Residence?
The answer is because of the psychological importance. If one parent has a residence order and the other a contact order, it can seem as if the child lives with one and 'only visits' the other. This is a misconception of the law - a contact order is just as enforceable as a residence order - but I can understand why sometimes people feel this way. The Government is trying to address this by changing Residence and Contact Orders to 'Child Arrangement Orders' in The Children and Families Bill. However, for the time being the law remains the same.
My advice would be not to get too worried about the name of the order you have. What is important to your child is the amount of time he or she gets to spend with you.
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