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Divorce can be an emotionally difficult time for any couple but when there are children involved the process can be even more challenging. Making the decision as to where the children should live is central in ensuring the best outcome is achieved for the children involved.

Jane Flemming, a member of the team of experienced solicitors in the Family Law department at Sydney Mitchell Solicitors helps to explain that it can be possible to share the children after a separation.

When a separation occurs where there are children involved, decisions have to be made as to where a child or children will live. A residence order will be given to the parent who has the children living with them. Normally, one parent looks after the children and the other has regular contact with them.

But, is it possible to share the children?

On occasions a shared residence order might be made, meaning the children live with both of their parents at different times. There are certain factors that will be considered by the court when deciding whether a shared residence order is appropriate and these include:

  • the distance between the two homes. Where they are far apart the likelihood of shared residence is much reduced;
  • the children's perception that they have two homes, not just one;
  • the proximity of the homes to the children's school;
  • the demonstration of clear bonds of affection between the children and each of the parents;
  • the history of the degree of contact with each parent. Where this is substantial with both parents a shared residence order is more likely; and
  • the views of the children themselves.

    In reality, it is essential that the shared residence order will benefit the welfare of the children. However, the existence of a co-operative attitude between the parents is not a prerequisite, so a frosty or even hostile relationship may not prevent a shared residence order being granted.

    For more information and advice on all Family Law issues, please contact Jane Flemming at Sydney Mitchell on 0121 698 2200 or via email to j.flemming@sydneymitchell.co.uk

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