Family Proceedings

Residence and Contact

What is 'Residence'?

When the court discusses ‘residence’ it means where the child will live.

An application for a residence order can be made by completing the form C100.

If you are a parent who does not have parental responsibility and wishes to do so, you can make an application for PR at the same time as making the application for residence by completing form C1.

There may be a fee payable.

When a residence order is in force with respect to a child, no person may –

• Cause the child to be known by a new surname; or
• Remove the child from the Falkland Islands

without either the written consent of every person who has parental responsibility for the child, or the leave of the court.

Please note, that the order does not prevent the removal of a child, for a period of less than 2 months, by the person in whose favour the residence order is made.

What is 'Contact'?

When the court discusses ‘contact’ it means the child spending time with, or having a relationship with another person.

Contact may be:

• Direct; or
• Indirect

And may also be

• Unsupervised; or
• supervised

Direct Contact means the child and the person are spending time together face to face in the same physical space.  If the contact is to be supervised, there must be another person present during the contact to monitor and ensure the safety and well-being of the child.  The person supervising may be asked to report to another agency, or the court and will have training to undertake the role. 

Indirect contact means that the child and the person are able to communicate via;

• letters
• cards
• telephone
• messages/emails
• gifts

but they will not have face-to-face contact.