Child Custody: Work And Residence

I work night shifts - can I get residence?

The fact that a parent works night shifts isn't going to be a bar, necessarily, to getting a residence order. Of course, the circumstances and the care that a parent is able to provide for the child is going to be very relevant. If working nights means that a parent isn't going to be available to look after the child during the day, then that could be relevant to a residence case. As the welfare is the consideration that the court's looking at, residence is a question of finding what's best for the child. Working nights, of itself, isn't a bar to a residence order being made.

I am unable to work - can I get residence?

Being unable to work isn't going to be a bar to getting a residence order. When the court's considering any question, regarding a child, the child's welfare has to be of paramount consideration. The circumstances are not irrelevant, but, in fact, being at home and available to care for a child may be a positive. If you think of the traditional family relationships where you, perhaps, have a mother who's around and available to care for children, she'll often stand in quite a good position if it comes to a residence dispute later on. It very much depends on what's the best environment and what's best for the particular children.

I'm moving overseas - will this make getting residence difficult?

The fact of moving overseas may make getting a residence order difficult; it's certainly going to be a very relevant factor. To take a child overseas to live, you need to get the permission of everyone who has parental responsibility, or permission from the court. Now that said, on separation and divorce these days, you often have a situation where one parent is wanting to go home, often. And because we live international lives these days, there are many people wanting to go as far as places like Australia or New Zealand. If that parent is the parent that the court would usually be looking at to provide residence, then it's probable that it would also give the permission to take the child out of the jurisdiction as well, provided proper arrangements were put in place for contact with the other parent.