Residence of Children
Who will take care of your child if you get divorced? That question is often a major battleground for estranged couples. In the U.K., when there is a dispute, the courts will become involved in the arrangements for children under the age of majority (16, or 16 to 18 years old if in full-time education). The default position in England and Wales is that parents should agree on arrangements for children. If they cannot, then one of the parents can ask the court to rule on with whom the child should live and the amount of contact the child is to have with the other parent. The court can also rule on things parents are not allowed to do, such as take the child abroad. The Child Support Agency (or the court) can also determine the level of maintenance that a non-resident parent should contribute to the other parent towards the cost of raising the child.
In India, all matrimonial laws have provisions for a child's residence, but the ultimate decision-making power lies with the Guardian and Wards Court, which can grant permanent residence, interim residence and contact.
