Shared Residence, in UK family law, is a legal status recognising that children have two homes. 

When separating, some parents agree arrangements for the children without involving the courts. Parental hostility can contribute to parents disagreeing on arrangements, or there may be genuine differences of opinion as to the most suitable arrangements. 

Court proceedings can be costly, especially when using solicitors. There is also the emotional cost as most parents are stressed by court proceedings, which take time, and prevent people from being able to move on with their lives. If you are unable to agree with your ex-partner as to the arrangements for the children, it is worth considering mediation before going to court. If that is unsuccessful, it may be necessary to go to court to ask the court to decide what the arrangements will be.

You may wish to apply for sole residence of the children, but it is worth considering applying for a Shared Residence Order, as shared residence is likely to be in your children's best interests (unless there is a history of violence or neglect by the other parent).

Psychological studies record that parents with shared residence are less likely to suffer conflict that those with sole residence. More importantly, research records that children living in shared residence arrangements fare significantly better on all adjustment measures, especially when the parents are prepared to be flexible over arrangements.

An application for a Shared Residence Order (SRO) recognises the importance of the other parent in your children's life and shows your respect for them as a parent. This can reduce the potential for future conflict. It counts in your favour when Judges and Court Welfare Officers see a parent respecting the other parent's strengths. It suggests that you see your children's welfare as important, and for your child, shared residence brings the benefit of encouraging both parents to be involved in their children's upbringing and care which helps assure the children's educational, social and psychological development.

Does Shared Residence require the children to live half of their time with each parent?

No. This is a very common misconception. Shared Residence simply reflects the children’s living arrangements in that it is a legal recognition that the children have a home with each parent. It may be that the children stay with one parent midweek and on alternate weekends, and reside with the other parent for the rest of their time. It is quite possible, where children live abroad or their parents live a considerable distance apart, that the children see one parent only during holidays and live with the other during term time. Shared Residence Orders may be appropriate and are made in all of these situations.

Where children spent equal time living with parents, the correct term is 'equal parenting time' and not shared residence.

Shared Residence and Parenting Rights

A further common misconception is that resident parents (parents with a Residence Order in their favour, whether it is for shared or sole residence) have greater legal rights concerning matters related to their children's upbringing. The right to make decisions about your children's education, medical treatment, religion etc comes through having 'Parental Responsibility' (PR).'

While a residence order (shared or sole) does grant PR, all biological mothers already have this, and biological fathers who were married to the mother OR whose children were born after December 2003 and whose names were included on the children's birth certificate will already have legal Parental Responsibility for their child. It is only unmarried fathers whose children were born before December 2003 who do not have PR, unless the court has granted a Parental Responsibility Order in their favour, or the mother has entered into a formal Parental Responsibility Agreement with them (see the factsheet on Parental Responsibility).

The one additional right a parent with residence has, in comparison to a non-resident parent, is the right to take their children abroad for a period of up to one month without first seeking the other parent's agreement (or the court's if this was refused). Before taking a child on holiday abroad, a non-resident parent must obtain this agreement first. It is worth noting that once a residence order has been made, neither parent can take the children abroad for more than a month at a time without the other parent's permission (or the court's).

What is undoubtedly true is that there is often an incorrect perception by teachers and medical professionals that a parent with residence has greater rights to involvement in their children's lives. This is legally incorrect.

Other misconceptions

There are still members of the judiciary who believe that shared residence orders are only appropriate when parents are in agreement. This is incorrect, and there are a number of instances where such juducial opinion has been challenged and overturned by the Court of Appeal. 

Yes, although we are seeing instances of the court deciding that a residence order is unnecessary. Instead, a Judge simply sets out contact times for either parent, if the parents are unable to agree this themselves.

Why would a court consider granting Shared Residence?

The advantage of Shared Residence Orders are that they are perceived to:

1.    promote a continuation of family life;

2.    reaffirm the responsibility on both parents to provide care;

3.    reaffirm the responsibility on each parent to provide financially for their children;

4.    reduce the burden and stress of single parenting;

5.    assist the children in maintaining meaningful relationships with both parents;

6.    confirm to the children that each parent wishes to, and is able to provide them with a home.

The following points are also worth noting and are taken from the case A v A [2004] EWHC 142 Fam (see point 117). A Shared Residence Order:

1.    removes any impression that one parent is good and responsible and the other is not;

2.    has the benefit of being more realistic in those cases where the child is to spend considerable amounts of time with those parents;

3.    brings with it certain other benefits (including the right to remove the children from accommodation provided by a local authority in the event that the child is taken into care - s.20 of the Children Act 1989). If the other parent doesn't have legal parental responsibility for the children, they do not have this automatic right.

Shared Residence can help alleviate the grounds for parental hostility and reduce the potential for future conflict and a return to court. Such was the view in the case A Father and a Mother v Their Two Children (B and C) (2004) EWHC 142 (FAM)

In the case D v D (Shared Residence Order) (2001) 1 FLR 495 the Court of Appeal found that a Shared Residence Order may be made where:

0. one parent is hostile to the idea; and

0. it is not necessary for there to be exceptional circumstances before a shared residence order is made.

Shared Residence can encourage the parents to support one another in their parenting, this principle being set out in the case Re F (Shared Residence Order) [2003] EWCA Civ 592.

Shared Residence related research

Child Adjustment in Joint-Custody versus Sole-Custody Arrangement: A Meta Analytic Review. Robert Bauserman, Journal of Family Psychology 2002; 16: 91-102

Children in joint custody arrangements fare significantly better on all adjustment measures than children who live in sole custody arrangements.

The fact that joint custody couples also reported less current conflict is important because of the concern that joint custody can be harmful by exposing children to ongoing parental conflict. In fact, it was the sole-custody parents who reported higher levels of current conflict.

Other research is sometimes cited in the UK concerning shared residence, and one study commonly referred to is 'Drifting Towards Shared Residence' by Professor Carol Smart, Dr Bren Neale and Dr Jennifer Flowerdew - Centre for Research on Family, Kinship & Childhood - University of Leeds. Be aware that that study looked at the experiences of only 30 children who were subject to equal parenting time arrangements (a 50/50 division of time which is often mistakenly confused with shared residence). Due to the limited sample size and the confusion over terminology, we recommend reference to the more detailed study by Bauserman and the further research below.

Our new, indepth e-Guide on Shared Residence includes case law as recent as June 2010. Search functions, hyperlinks to additional content, research, templates and forms to assist you in case preparation. Legal arguments are provided and a guide to making an application to the courts for a shared residence order. Requires Windows. Not intended for MACs or linux based PCs. Once a purchase is made via paypal, download instructions should open as a pdf. If you have any problems with the download, email:

enquiries@thecustodyminefield.com

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The best outcome for children is one where parents act collaboratively in their upbringing, where tension is minimised and children don't witness parental conflict.

At the time of separation or divorce it is understandable that emotions run high. How long feelings of anger and hurt persist can be helped or hindered by the framework which the parents and court decide upon. Common sense dictates that when one parent is granted more rights and the other is marginalised, resentment is a common outcome.

Sole residence, in some instances, grants the resident parent the impression that they can control the other via the children. This can lead them to restrict  contact or deny permission to holiday abroad with the children as a means to punish their ex-partner. Such actions rarely have anything to do with the children's best interests. All parties suffer, especially the children.

I'm aware of both mothers and fathers with sole residence who have acted in this way.  The problem isn't one of gender, but one of fairness and human nature.

The best interests of children must always be paramount and this takes precedence over individual parental rights. An outcome which helps maintain a strong bond with both parents promotes an environment for parental collaboration and helps build a positive environment for the children. This is surely in the best interests of children which is why I favour shared residence as an outcome when parents separate. As importantly, scientific studies conclude that children are less likely to suffer mental health problems in adulthood and will achieve more academically when both parents are involved.

An exceptions exists where either parent has experienced domestic violence, the children have suffered abuse, or where there are concerns about parental incapacity or child neglect. In such instances child and parental safety must always be the first consideration.

Worth noting is the 2007 UNICEF Report into Child Wellbeing. The UK scored poorly while countries such as the Netherlands, Finland and Sweden were ranked at the top. These countries have moved to Shared Residence as the standard outcome following parental separation.

Perhaps, one day, the concepts of residence and contact and granting parental responsibility will be abolished, and once parents separate, the only matter to be determined is the division of parenting time.