Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon

Residence Order

When applying for a residence order, you must show it is in the child's interest to live with you.

If you can agree where your child should live between yourselves, you will not need to ask the court to become involved and you have a better chance of building an amicable relationship with your ex.

Reaching an agreement between you does not prevent you going to court later if arrangements break down or if one of you changes their mind, and irrespective of 'residence' both parents still have joint responsibility (if the other parent has Parental Responsibility) in relation to the child's upbringing.

What does a Residence Order do?

A Residence Order states where a child is to live. If you are applying for a residence order, you need to show it is in the child's best interest to live with you : you will need to think very carefully about their physical needs and daily routines. Before making a ‘residence order' the court will consider the welfare principle, welfare checklist, and the ‘no-order' principle: as well as what is in the child's best interests.

In the case of very young children, the court assumes they are better off living with the mother unless the contrary can be proven: but it is still subject to the case’s individual merits and it may not necessarily invalidate a father’s chances of being granted a residence order.

How Residence Is Determined

The Court considers the following circumstances in deciding with whom/where the child will live:

• The best person to be able to meet the child’s daily needs.
• The domestic routine of the child up to the present (see Status Quo).
• The work commitment of the person/s applying for a residence order.
• It is generally considered beneficial for siblings to remain together and there is a preference for the child to be bought up by a parent as opposed to a non-parent, except in exceptional circumstances where the child has formed a strong bond with a non-parent.

It is possible to grant a residence order to more than one individual (in the case of shared parenting for example).

A residence order also provides Parental Responsibility to the holder of the order for the lifetime of the order, usually until the child turns 16 years of age unless there are exceptional circumstances.