The law on residence

Question 1

SRO S 11(4) have now been removed but replaced with what

Answer 1

CAO have the same effect

Question 2

A decision of shared residence is governed by what

Answer 2

WP- would it be in the child’s best interest D v D (CA)

Question 3

Can be used in cases of parental conflict to prevent marganistation of one parent and reflect that parents are equal in the eyes of the la

Answer 3

A v A (CA): Because the parents were incapable of working in harmony a court order which reflected both the reality of the children’s lives and the fact that the parents were equal in the eyes of the law and had equal duties and responsibilities towards their children was needed.

Question 4

symbolic reasons

Answer 4

Re F (CA): - SRO granted even though it was possible that the mother was going to move to Scotland while the father remained in England. The children were going to spend 38% of the year with the father, mostly during school holidays. The judge held that labels can be very important, hence the emergence of the symbolic SRO.

Question 5

If there is no agreement for equal sharing

Answer 5

there will be no presumption: Re P (CA)

Question 6

Although there is a statutory presumption

Answer 6

It is one of involvement which does not specify division of time or what type of contact