A Residence Order is an order which identifies the parent or person with whom a child will live.
It is possible to apply for a Residence Order or a Shared Residence Order if you are:
- A parent
- A guardian
- A stepfather
- If the child has lived with you for 3 of the last 5 years
If you do not fall into any of these categories then it may still be possible to apply for a Residence Order, but it will be necessary to get the court's initial permission to do so.
It is also possible for a Residence Order to be made in favour of both parents or two or more people. This is known as a Shared Residence Order.
If a Shared Residence Order is made, it does not necessarily mean that a child will spend equal amounts of time with each parent or person. The main purpose of any order is to ensure that it is in the child's best interests and the terms of any order will reflect this.
What will the court consider ?
When a court is considering whether to make a Residence Order or a Shared Residence Order it will take into consideration the following factors :-
- What is in the childs best interests
- The wishes and feelings of the child
- The effect on the child of any change in their circumstances
- Any harm the child has suffered or is at risk of suffering
- The child's, physical, emotional and educational needs
At Paul Ireland Solicitors we have many years of experience in dealing with ALL aspects of Children's Law. We can provide you with the expert advice that you need.