Historically, the courts were reluctant to make orders for shared care. However, with increasing numbers of parents realising sharing the burden of childcare has benefits all round, courts are now more likely to make such orders. But whose address should be used to register with the GP, school, or on a passport application? This article aims to answer these questions.
Historically, the courts were reluctant to make orders for shared care. However, with increasing numbers of parents realising sharing the burden of childcare has benefits all round, courts are now more likely to make such orders. But whose address should be used to register with the GP, school, or on a passport application? This article aims to answer these questions.
If you have a family law issue and you are concerned that you may require legal advice to understand your options, contact specialist family law solicitor Joanne Major. Joanne is the founder of her specialist family law firm and has spent her 25-year legal career specialising in family and matrimonial cases.
Which address should we use?
Where more than one parent shares care arrangements for the children and they live at different addresses, they must decide between them which home should be used as the child’s principal permanent address. This is usually the place they spend most of their time. However, if this is split equally, then it is up to the parents to decide which address to use.
Most organisations will not allow two addresses to be registered, for example, schools will only allow applications from one address, and the passport office also only allows one address to be used. Although GPs will discuss and provide medical documents to both parents holding parental responsibility in the same way as schools, they don’t allow multiple addresses to be registered and used.
A helpful guide could be to look at general school admissions criteria, although it must be noted that each local authority adapts this to suit their own specific requirements. Nevertheless, it may help frame your discussions and decision making to know how the issue is looked at from an organisation’s perspective.
- If the child lives at more than one address Monday to Friday, the address that should be used is the one where your child lives most of the time on school days.
- If the child lives at two addresses, in the absence of any information from the parents, the local authority will decide which address is to be used based on child benefit, child tax credit, court orders, and/or GP registration.
The address won’t be an issue if you are operating bird’s nest parenting because the children will remain in the family home, whilst the parents take turns to move in and out. Likewise, if shared care is slightly less than 50/50, the child’s principal address should be the one where they spend the most amount of time.
Is it worth setting out the child’s principal address in a parenting agreement?
A parenting agreement sets out what arrangements and actions you have agreed between your ex to meet the needs of your children. It can include many things relating to a child’s day-to-day care, and can also reference the child’s principal address and how and when it can be used. This way, a clear agreement is in place to refer back to if necessary and everyone involved knows what is expected.
Ultimately, if you have a co-parenting arrangement in place, your relationship with your ex is likely to be amicable. So if there are any issues surrounding the child’s principal address, you will probably be able to work it out between you. If not, and communication between you is otherwise good, mediation is the next logical step to take. A mediator will narrow the issues and help you reach a mutually acceptable resolution, whilst taking on board the child’s best interests.
If you cannot agree about the child’s address, then it would be up to a court to make a decision. Although, in the majority of cases, the costs involved in making such an application are likely to be prohibitive on such a narrow issue. If you find yourself in this situation, seeking legal advice may help you resolve the problem.
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