Residence

If your relationship has broken down and there are children involved, it will be necessary to decide how their domestic set-up should continue. If it is impossible to reach this agreement amicably, you may have to apply to the court for a residence order. In such a case, you need a legal expert to advise you throughout this difficult process, helping to ensure your child’s welfare is put first and foremost.

What Is A Residence Order?

A residence order is a ruling made by the court stating where, and with whom, a child should live. This has replaced the previous term of ‘custody’, and will often be used in situations in which a settlement regarding a child’s living arrangements cannot be reached in any other way (such as in a Separation Agreement or through mediation).

A court may issue a residence order to one person, or it may award a shared residence order. This will set out conditions that stipulate how much time a child will spend with each person, which will vary according to the situation. For example, within a two-week period a child may spend five days with the father, and the remaining time with the mother.

Unless there are exceptional circumstances, a residence order will be effective until a child is 16 years old. Those granted a residence order are permitted to take the child out of England and Wales for up to one month. Any longer and they must seek agreement from all those with parental responsibility for the child. Furthermore, the holder of a residence order is not allowed to change a child’s surname without permission. Once issued, a residence order is legally binding and any attempt to break to order could be considered a contempt of court.

Who Can Apply For A Residence Order?

It is not just parents who can apply for residence. You can also apply for a residence order if you are a:-

Guardian;
Step-parent who regards the child as a ‘child of the family’;
Any person who has obtained parental responsibility (including grandparents etc);
Any person with whom the child has lived with for at least 3 years;
If the child is in care, any person who has the consent of the local authority;
A local authority foster parent with whom the child has lived with for at least 1 year;
Any person who has obtained consent from all those with parental responsibility or those who already have a residence order.

How To Apply For A Residence Order

If you wish to apply for a residence order, you must fill out a Child Act Form C1. This will involve providing information such as details of your children, your domestic arrangements and the reasons for your application.

A court will then decide upon whom a child should live with on the basis of what is best for the child. When considering a child’s welfare, a court will take into account factors such as the current domestic routine of the child, how change is likely to affect them, and who will be able to meet the child’s day-to-day needs.

A father has just as much right to apply for a residence order as a mother does. However, in cases where the mother has been the main carer of a child, it will be the father’s burden to prove that it is in the child’s best interests to transfer a duty of care.

Get Help From A Family Lawyer

If you need advice on how to apply for a residence order, speak to a family lawyer. A solicitor will be able to guide you through the process from start to finish, dealing with the legalities of the case and offering support at every stage.