Residence and or Contact Court Order
Final hearing
The final hearing involves the court analysing evidence given by both parties. Both parties and any witnesses are required to attend court in order to give their evidence. They are also cross-examined by the opposite party and/or their representative. The court may require the CAFCASS officer involved in the case to attend for cross-examination by both parties and/or their representatives. It is advisable that if you are attending court in regards to childcare arrangements, you are represented by a lawyer at the final hearing, or if not, you are helped by a “McKenzie friend”. Once all evidence has been given, the court will make a decision as to what orders, if any, will be made and will also give reasons for its decision.
The Exception
Residence orders do not give parents any rights or responsibilities in respect of the children over and above the other parent. There is however one slight exception to this: the parent with the residence order is allowed to take the children abroad for less than one month without requiring written consent from the other parent or a court order.
If an order is breached by one of the parties involved, the other party can apply for compensation.
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