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|Distinguish betwen |
Where the child lives
Who has residence
There are different implications between
50 / 50 contact, and
The Children Act 1989 says
the expectation is No Order
A Sole Residence Order encourages the parent without it to feel parental inferiority in the eyes of himself, the tax system, the law, the child and the parent who has it.
What are the implications of a Residence Order in favour of a hostile Mother?
The parent with residence generally has more time with the child. That facilitates parental alienation. The parent with residence finds it much easier to withhold or discourage contact; the police do not enforce a contact order against a parent with residence. A parent with residence can dispose of a child by Will on (generally her) death, even when the other parent has parental responsibility.
What did Parliament intend?
Parliament intended that Shared Residence would be normal. Judges say it is inappropriate where parents don't get on. If the (separated by definition) parents did get on, they would not be involved in divorce or contact proceedings.
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