The modernisation of family life has presented a major problem to the courts in situations concerning the type of residence order that is to be chosen for the child when parents separate. The issue is indeed sensitive, requiring that the court attach relevance to a number of equally valid considerations. A basic approach to the issue of residence orders leads one to automatically assume that the court should give priority to the parent that spends the largest amount of time with the child. However, this may not always be the best option; hence determining issues of 'time' is inherently problematic as well as questionable in terms of plausibility. These issues will be explored by this study, which will seek to establish the approach of the court in determining which residence order is the most apt according to the particular situation. However, while there are major problems in this area of the law, it is arguable that the approach of the court conveys an increasing preparedness to contemplate as a viable option the shared residence order.
To any student of law, the vastness of the field of law is vividly evident. There are numerous variations to the study of law, these may include: philosophical legal theory, common law, religious law, civil law, international law, criminal law, contract law, tort law, property law, trust law et cetera. After a certain amount of time spent in law school, every law student begins to see the consideration and the application of the comprehensive legal frameworks in the everyday, mundane and humdrum life events that would otherwise have seemed commonplace. An excellent idea, therefore, for law school dissertations is to take into consideration one such common event that often transpires in daily routines, and assess the legal principle that engender it.