|
''Residence is a term used to refer to not always similar concepts in various parts of English law including taxation, immigration, and family law. The remainder of this article deals exclusively with English family law. See residence in English law for disambiguation.'' In family law, the Court can order a Residence Order of the Family Court under section 8 of The Children Act 1989 following the breakdown of a marriage and determining where the children are to live and with whom. The order can be sole or joint, and if joint, it can be made to a couple regardless whether they are married. If a residence order is granted, this automatically gives him, her, or them parental responsibility for the child(ren) which will continue until the order terminates (usually this will be until the child(ren) reach their sixteenth birthday unless there are exceptional circumstances justifying a longer period). ==Who can apply?== The following can make an application for a Residence Order under section 8 of The Children Act 1989 as of right: #the parent or guardian of the child(ren); #a married stepparent of the child(ren) where the child(ren) lived with the stepparent as child(ren) of the family; #anyone with whom the child has lived for at least three years (this period need not have been continuous but must have been recent). #anyone who: :a) where there is already a Residence Order in place has the consent of every one who holds that Order, or :b) who has the consent of the local authority where the chid is in their care, or :c) has the consent of every one who has parental responsibility for the child. If an applicant cannot apply for the Order as of right, (e.g. they are wider family members such as grandparents etc. who wish to seek orders for their grandchildren), they can make an application to the court seeking leave to issue the application. In deciding whether to grant leave, the court will consider, amongst other things: #the nature of the application, #the applicant's connection with the child, and #the risk that the proposed application might disrupt the child(ren)'s life to such an extent that they should be harmed by it. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Residence in English family law」の詳細全文を読む スポンサード リンク
|