Residence Orders are rarely made by the Courts as they usually consider them to be unnecessary.  Parents normally agree as to which parent the child/children will usually live.  In the past, before the Children Act was introduced in 1989, the Courts used such terms as ‘Custody' or ‘Care and Control' in relation to such Orders.

For more information, please visit our ‘Guide to the Children Act' and ‘Children - Dealing with the Children'. 

In these sections you will see both detailed guidance as to the relevant law and a practical guide how to resolve such issues.

The relevant law determining such issues is set out in the Children Act and the guiding principle is the fact that the child/children's best interest is of ‘paramount consideration'.  Decisions made by the Court will only be made with the child/children's interest at heart and references made to the ‘Welfare Checklist' as to the relevant issues that a Judge will take into account.  This is, therefore, a good guide as to how to approach resolving such issues.