Residence Orders

A residence order determines or confirms where a child lives full time. They are used when there is a dispute between parents or other parties regarding who the child should live with. When the court makes a residence order, it remains in force until the child is 16 or until the court makes another order regarding the child’s residence.

A residence order is usually made in favour of the mother or father of the child. In some circumstances, a residence order cab be applied for by anyone the child has lived with for more than three years or relatives such as grandparents. When granting a residence order, the court will consider where the child wants to live, who is most capable of meeting the child’s needs and the child’s physical, emotional and educational needs.

The courts will only make a residence order if they feel that the residence of a child is in dispute. If all parties agree the residence of a child than an order is not necessary.

If you feel that you need the security that a residence order brings, we will help you make an application to the court. A residence order does not affect your parental rights or responsibilities.

Maddison and Morgan