Residency – itsfinished.com

Residency and Parental Responsibility

Residency, previously known as custody, determines which parent the children primarily live with after separation or divorce.

It is important to note that the non-resident parent, even though not living with the children, retains full parental responsibility. Parental responsibility means having a say in key aspects of the child’s life, such as decisions about education, religion, and medical care.

Parental Responsibility: Who Has It?

Parental responsibility is automatically granted to:

Mothers, irrespective of their marital status.
Fathers if they were married to the mother at the time of the child’s birth or if their name is on the child’s birth certificate.
Fathers can also obtain parental responsibility through a formal agreement with the mother or by court order.

Contesting Residency

When residency is contested, the court primarily focuses on the child’s welfare, following the principle of the “child’s best interests.” Courts often favour the status quo, meaning the parent with whom the children currently reside may have an advantage unless there are compelling reasons for change. Factors such as the child’s own wishes (depending on their age and maturity) and any potential risks to their welfare are also crucial in the court’s decision-making process.

Considerations When Applying for Residency

If you are considering applying for residency, it is essential to approach the matter with a clear understanding of the responsibilities and implications. Courts will evaluate several factors to determine if the child will be better off living with you:

Financial Stability: You should demonstrate your ability to provide for your child’s needs, including your income, benefits, and any maintenance payments.
Living Arrangements: The size and suitability of your home will be assessed. If your current home is not large enough, you may need to show plans for moving or expanding your home and your financial capacity to do so.
Childcare Arrangements: Consider how you will manage childcare, especially if you work. You must be able to provide a stable and secure environment for the children.
Education: The court will consider the schools your children will attend. If a move is involved, you need to explain how this will impact their education and whether the new school offers advantages over their current one.
Enrichment and Wellbeing: Think about how you can enhance your children’s lives beyond their current situation. This includes access to extracurricular activities, quality time spent with them, and the benefits of your local area.
Facilitating Contact with Both Parents: The courts generally view ongoing contact with both parents as beneficial to the child’s wellbeing. If you can demonstrate a commitment to maintaining your child’s relationship with the other parent and extended family, it will be seen favorably by the court.

Children’s Wishes and Feelings

As children grow older, their views carry more weight in court. If your children are old enough to express a strong preference about which parent they want to live with, and there is no concern for their welfare, the court will take their wishes seriously. Pursuing a court case against their wishes could strain relationships and complicate future co-parenting efforts.