Child Custody: Crime And Residence
I'm a recovering drug addict - can I get residence?
Being a recovering drug addict isn't necessarily something that would stop you getting a residence order. The child's welfare is the court's paramount consideration. Of course, the fact the personal relationships or circumstances of the parents are going to be relevant. The court will undoubtedly want to know if the fact that a parent is a recovering drug addict is going to impact upon their ability to care for the child. That's the real issue. It's not the fact of being a drug addict, a former drug addict, it's whether it impacts upon that parent's parenting ability and affects the children.
I've been to prison - can I get residence?
The fact that one parent's been to prison isn't going to be an automatic part of them getting a residence order. When the court's considering any question regarding a child, the child's welfare has to be the paramount consideration. Of course, the parent's circumstances are going to be relevant. If the fact that a parent has been to prison means that they're unable to work or can't provide proper housing, for example, then those are going to be relevant factors. However, the fact of the sentence itself isn't certainly going to be the deciding factor, unless the conviction was a case concerning children - then it might be.
I'm a convicted drug dealer - can I get residence?
Being a convicted drug dealer, or indeed having any other criminal offence, isn't necessarily going to prevent you from getting a residence order. The child's welfare has to be the court's paramount consideration in cases of residency and that is what is going to be looked at. Of course, the circumstances of the parents or adults who are making applications are going to be very relevant - if there's concern about continued use of drugs, the people that a parent hangs out with or the sort of environment they're in - but the fact of the conviction itself, will not necessarily determine a residence case.
I was violent to my partner in the past - can I get residence?
Violence is treated very seriously by the courts these days in any residence application. It's something the courts are becoming increasingly live to in recent years. There was a court of appeal decision several years ago called "realle" where the court looked at the affect of past domestic violence upon children, and there's very clear authority these days that where there is domestic violence or has been domestic violence and the parents relies on those allegations in terms of how the children ought to be dealt with and the court needs to make a finding. And certainly where you have a parent who has been violent, and they'll need to show some recognition of their violence and do something to address it certainly before they're able to secure a residence order.
I smoke cannabis - can I get residence?
The fact you're smoking cannabis isn't necessarily going to stop you getting a residence order. The child's welfare has to be the court's paramount consideration. The use of cannabis may become relevant in the event of dispute if, as a consequence, it means parental care isn't what it should be. Drug use may be particularly relevant to residence case if it means there are harder drugs about or the type of people that are around, looking after the child, are unsuitable. All of these factors are going to be relevant to residence. It's not something that's going to help, but again, smoking cannabis isn't necessarily a bar to getting residence.
