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Residence Order

Where parents cannot agree about the arrangements for their children the Court can make Orders under the Children Act. The Court can decide where a child should live – a Residence Order.

When making decisions about a child the Court will be guided by the principle that the welfare of the child is paramount.

When deciding what is in a child’s best interest, the Court will consider the child’s own wishes and feelings in the light of his/her age and understanding, his/her emotional, educational and physical needs, the likely effect of any change in circumstances, his/her age, sex, background or any other relevant characteristics, any harm which he/she has suffered or may suffer and the ability of each parent or carer to meet his or her needs.

The courts are becoming more and more open to the possibility of shared residence orders. These orders do not necessarily mean that the child will spend 50% of his / her time with each parent, but may reflect the fact that both parents are expected to be equally committed to and responsible for, their children, even though they no longer live together.