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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35037
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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If a child arrangement order is supposed to remove the idea

Customer Question

If a child arrangement order is supposed to remove the idea of residence and contact for seperated parents, is there any reason why within that order you would define that the child 'lives' with parent a, and has 'contact' with parent b. would this actually give one parent additional rights, or is the terminology written within the order unable to chsnge it's fundamental purpose and function in law. I have received the following; Dear Mr XXXXXXX Miss XXXX has instructed me to put forward to you the following proposals for a final agreed child arrangement order in respect of Samuel 1. Samuel to live with the Respondent mother. 2. Samuel to have contact with the Applicant father as follows: a. Each week during school terms from Thursday 8am until Saturday at 6.30. When Samuel starts school in September 2015 this would be increased from Wednesday after school until Saturday at 6.30 every fourth week b. School holidays to be shared with Samuel spending from Wednesday afternoon at 4pm until Saturday at 6.30. During the 6 week summer holiday the time that Samuel spends with his father will gradually increase to Samuel spending up to a week at a time with his father. c. Samuel's Birthday to be shared with the Respondent mother having Samuel overnight the day before his birthday until 3pm on his birthday and the Applicant father having Samuel from 3pm until the next day beginning in 2015. This pattern will alternate each year. d. Christmas to be shared with the Respondent mother having care of Samuel from Christmas Eve until 3pm Christmas day. The applicant father will collect Samuel at 3pm Christmas day until 6.30 Boxing day commencing Christmas 2014. This pattern will alternate each year. If this can be agreed I will draft a consent order for your approval which we can file with the court and ask the court to deal with this in our absence on Monday. If this is not agreed we will have to ask the court to list for a final hearing as Miss XXXX is not prepared to compromise any further. Miss XXXX is currently unwell and therefore it is unlikely that she will be able to attend court on Monday. I look forward to hearing from you. Kind Regards XXXXX XXXXX . . I am concern that phrasing within the order about living with my his mother and having contact with me, will give me diminished rights in someway. Please advise Many thanks Richard

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you
You have identified the difference between the Hype and the reality
If the words "Lives with" are used then it has the same effect as the old residence order - although the only difference is that she will be able to take him abroad during the time he spends with her without seeking your permission first
I hope that this is of assistance - please ask if you need further details