Child residence orders (now referred to as Child Arrangements Orders (live with) play a pivotal role in determining a child’s living arrangements following a separation or family dispute. These legal orders specify where a child will live and who will be responsible for their daily care. For parents navigating separation, understanding how these orders work is essential to ensuring stability and clarity for their child’s future.
Courts prioritise the child’s best interests, ensuring they receive consistent care and maintain meaningful relationships where possible.
What is a Child Residence Order?
A child residence order was a type of court order issued under UK family law to determine where a child should live. It was commonly used when parents or guardians could not agree on living arrangements after separation. While residence orders were replaced by child arrangement orders under the Children and Families Act 2014, existing orders remain legally valid until the child reaches 16 or, in exceptional cases, 18.
A residence order gives legal authority to the person with whom the child resides, granting them parental responsibility if they do not already have it. This means they can make key decisions about the child’s upbringing, including education, healthcare and daily care. The Family Court grants these orders based on what is in the child’s best interests; considering various factors, such as their welfare, stability and any risk of harm.
Who can apply for a Child Residence Order?
A child’s parents, legal guardians, or individuals with parental responsibility can apply for a child residence order. In certain circumstances, other relatives such as grandparents, step-parents, or extended family members may also apply, but they must seek permission from the court first.
If a dispute over the child’s living arrangements arises, the court will consider applications based on what is best for the child. In some cases, social services or local authorities may become involved, particularly if there are concerns about neglect or harm. The primary focus of the court is always the child’s safety, welfare and emotional well-being.
How to apply for a Child Residence Order
Applying for a residence order involves a formal process through the family court. In most cases, parents must first attempt mediation through a Mediation Information and Assessment Meeting (MIAM) before submitting an application. This is to encourage an amicable resolution without the need for court intervention.
If mediation is unsuccessful or not suitable, the applicant must complete and submit a C100 form, providing details of the case and reasons for requesting the order. Court fees apply, although some individuals may qualify for legal aid depending on their financial circumstances and if they are a victim of abuse.
Once the application is submitted, a hearing will be scheduled, during which both parties can present their case. If parents cannot reach an agreement, the court will decide based on the child’s best interests. The judge may also request reports from Cafcass (Children and Family Court Advisory and Support Service) to assess the child’s needs.
How the court decides on a child’s living arrangements
When making a decision on residence, the court follows the Welfare Checklist outlined in the Children Act 1989. This includes:
- The child’s wishes and feelings (considering their age and maturity).
- Their physical, emotional and educational needs.
- The potential impact of changes to their living arrangements.
- Any risk of harm to the child.
- The ability of each parent or guardian to meet the child’s needs.
The court prioritises stability and continuity, aiming to maintain a strong relationship between the child and both parents where possible. Cafcass plays a key role in gathering information and making recommendations based on what will best serve the child’s welfare.
Once granted, residence orders or child arrangement orders may be reviewed if circumstances change. If one parent believes modifications are necessary, they can apply for a variation of the order.
What happens after a Child Residence Order is granted?
When a residence order is in place, the parent or guardian with residence has the primary responsibility for the child’s daily care. However, the non-resident parent still holds parental responsibility and would usually be maintaining a relationship with the child, through contact.
If circumstances change, such as relocation, concerns about a child’s welfare, or changes in parental capability, either parent can apply to modify the order. Breaching a residence order without a valid reason can lead to legal consequences, including enforcement proceedings.
Understanding how child residence orders work is essential for parents involved in separation or custody disputes. The court’s priority is always the well-being of the child, ensuring they receive the stability and care they deserve.
If you are considering applying for a residence order or have concerns about your child’s living arrangements, seeking legal advice from a family law solicitor can provide clarity and support. Professional guidance ensures that all legal steps are followed correctly, helping parents achieve the best outcome for their child.
