What Is Residence Orders? Understand Child Living Arrangements in the UK
When parents separate or divorce, one of the most challenging decisions they face is where their child will live. In the UK, this decision is guided by legal tools like the Residence Order and, more recently, the Child Arrangements Order (CAO). A Residence Order was previously the key legal mechanism for determining which parent a child should live with, but since 2014, the CAO has replaced it to better reflect the needs of modern families and encourage more flexible and child-focused arrangements.
According to recent statistics, over 30,000 applications for Child Arrangements Orders are made annually in the UK, highlighting how critical these legal decisions are to families. Whether you are the resident parent, non-resident parent, or a relative seeking custody, understanding these orders is vital to ensuring the child’s best interests are upheld.
In this guide, we will break down everything you need to know about Residence Orders and Child Arrangements Orders—including what they mean, how to apply for them, and how the legal landscape has evolved to protect children and support parents.
Table of Contents
What is a Residence Order?
Pre-2014 Legal Rules
Before the Children and Families Act 2014, a Residence Order was an order issued by the court to determine where a child should live, usually with one of the parents. This order granted parental responsibility to the named person, even if they didn’t have it already. However, it only addressed where the child lived and not when or how they would spend time with the other parent or other important family members.
Transition to Child Arrangements Orders (CAOs)
As of April 22, 2014, the Residence Order was replaced by the Child Arrangements Order (CAO). This change aimed to simplify the process and reduce conflict by consolidating residence and contact arrangements into one unified framework. The Child Arrangements Order is more flexible and covers:
- Who the child should live with
- When the child should spend time with each parent
- Who else the child should spend time with, including extended family
Expert Insight: Child Arrangements Orders Promote Co-Parenting
According to family law experts, the shift from Residence Orders to Child Arrangements Orders was designed to encourage better co-parenting by giving courts more flexibility in their rulings. This allows for tailored arrangements that suit the unique needs of the child and parents. The focus is on collaboration rather than competition between parents.
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Who Can Apply for a Residence Order or Child Arrangements Order?
Eligibility for Parents
Under the Children Act 1989, parents (whether biological mother or father) automatically have the right to apply for a Child Arrangements Order, determining where their child will live and who they will spend time with. Parental responsibility is key here, as it confers legal rights to make decisions regarding the child’s upbringing.
Grandparents and Relatives
Grandparents and other relatives without parental responsibility may also apply for a Child Arrangements Order. However, they must first seek permission from the court to make the application. This ensures that only those with a genuine interest in the child’s welfare can apply.
How to Apply for a Child Arrangements Order (Residence Order)
Step 1: Mediation Information and Assessment Meeting (MIAM)
Before filing a Child Arrangements Order, the applicant must attend a Mediation Information and Assessment Meeting (MIAM). This meeting helps determine whether mediation can resolve the issue without needing to go to court. Mediation can be a quicker and less stressful alternative, often leading to better outcomes for the child.
Step 2: Submitting the C100 Form
If mediation fails or is deemed unsuitable, the next step is to apply for a Child Arrangements Order through the court by submitting a C100 form. This can be done online or by post. A fee of £255 applies.
Step 3: Court Hearing
Once the application is submitted, a court hearing will be scheduled. The court will evaluate any areas of agreement or disagreement between the parents and assess whether the child’s safety or welfare is at risk. During the hearing, a representative from Cafcass (Children and Family Court Advisory and Support Service) may be appointed to make recommendations about the best interests of the child.
Statistics: According to the Ministry of Justice, over 30,000 child arrangement orders are applied for annually, highlighting the importance of this legal process.
Emergency Protection and Residence Orders
An emergency protection order (also called an emergency residence order) is sometimes used when there is immediate concern for a child’s safety. This temporary order allows local authorities to step in and temporarily remove the child or prevent them from leaving a dangerous situation.
Urgent Applications
In cases where there is an immediate risk, parents can apply for an urgent Child Arrangements Order. The court may fast-track the hearing to address the situation swiftly, ensuring the child’s safety and wellbeing.
Reasons for Changing a Residence Order
A Child Arrangements Order (formerly Residence Order) can be modified by the court if there has been a change in circumstances. Some of the reasons a judge may consider altering the order include:
- A change of schools that necessitates living with the other parent
- A parent’s health condition impacting their ability to care for the child
- A deterioration in the relationship between the child and the resident parent
- Concerns about the child’s safety with one of the parents
- The child expressing a desire to live with the other parent
In all cases, the primary consideration is the best interests of the child.
Shared Residence and Other Arrangements
What is Shared Residence?
A shared residence order is a type of Child Arrangements Order where the child spends substantial time with both parents. This does not require an equal division of time but reflects that both parents have significant involvement in the child’s life. Shared residence is often encouraged to foster a sense of stability and continuity for the child.
Other Types of Arrangements
In addition to where the child will live, Child Arrangements Orders can also specify:
- Supervised contact: In cases where the child’s safety is a concern, contact with the non-resident parent may be supervised by a third party.
- Contact with extended family: The order can also specify who else the child will have contact with, such as grandparents or other relatives.
Age Considerations: When Can a Child Choose Where to Live?
In the UK, a child’s preference regarding where they want to live is generally taken into account when they reach the age of 11. However, their wishes will hold more weight as they get older. By 16, the child has the right to choose where they live, unless a Child Arrangements Order or Residence Order is in place.
What if Parents Cannot Agree on Where the Child Should Live?
If parents cannot come to an agreement regarding their child’s living arrangements, they have a few options:
- Mediation: To resolve disputes amicably.
- Solicitors: To help negotiate an agreement.
- Court: If mediation fails, the dispute can be taken to court, where a Child Arrangements Order will be issued.
Expert Insight: The Importance of Mediation
Family law experts suggest that mediation is often the best route for parents who are struggling to agree on child arrangements. Mediation allows both parties to work collaboratively with a neutral third party, often leading to more sustainable and child-focused decisions.
FAQs
What is a Residence Order in Northern Ireland (NI)?
In Northern Ireland, a Residence Order works similarly to the rest of the UK under the Children (Northern Ireland) Order 1995. It is a court order that determines which parent a child will live with. The term “residence order” was replaced by the Child Arrangements Order under the Children and Families Act 2014, but older residence orders are still recognized.
If parents cannot agree on where a child should live, they can apply to the Family Court in Northern Ireland for a Child Arrangements Order. This order can specify where the child will live and how they will spend time with each parent or other family members.
Final Words Ensuring the Best Interests of the Child
Navigating residence and child arrangements can be a complex and emotional process. Understanding the legal options available, such as the Child Arrangements Order and the Residence Order, is crucial for parents to make informed decisions. The focus on the child’s best interests, supported by the law, ensures that these decisions are made with the child’s safety, wellbeing, and stability at the forefront.
Sources:
- Children and Families Act 2014: Legislation.gov.uk
- Children Act 1989: Legislation.gov.uk
- Ministry of Justice: gov.uk
