Residence Orders
The Custody Minefield Factsheets –
Smartphone Series (optimised for smartphone users). Copyright Michael Robinson
2010.
Can I apply for a Residence Order?
Do the Courts more
commonly grant the Mother residence of the children?
When does a Residence Order end?
If I’m granted
residence, does this place any restrictions on what I can do with my children?
Can people other than parents apply for a Residence
Order?
What form would I use, to apply to the courts
for a Residence Order?
Finding your local family court
What is a Residence
Order? <Back to Top>
A Residence Order
(this used to be called a Custody Order) settles
the arrangements for where your children will live.
Along with a
Residence Order,
the Court may make a Contact Order
specifying the amount of contact the non-resident parent should have in the event that the Court
considers this necessary (if the resident parent doesn’t appear to accept the
principles and practicality of a voluntary contact arrangement).
Can
I apply for a Residence Order ? <Back to Top>
Any
parent or guardian of the children can apply for a Residence Order.
Do
the Courts more commonly grant the Mother residence of the children? <Back to Top>
It is very much dependent
on the circumstances of both parents. There is nothing written in law showing
bias to either mother or father, although in practice the mother is more
usually granted residence. This is often due to the following circumstances:
· the
mother has been main carer for the children during
the relationship
· the
status quo
principle (the current circumstances) being that the children may currently
reside with the mother (in which case, if the situation is working for the
children, the Court will be reluctant to change it)
· historically it
was felt that mothers were more suitable carers for
young children, although more recent evidence suggests that either parent can
fulfill this role. Since the 1990s there has been a growing acceptance of the
"house husband"
· the
financial welfare of the children is a factor in considering where the children
should live. Historically the father has been the main earner or financial
contributor to the household. This has now changed.
When does a Residence Order end? <Back to Top>
As
with other Orders relating to children, when the children reach the age of 16.
Additionally, a Residence Order is no longer valid if the parents reconcile
and have been living together for six months or more.
If one parent has
‘residence’, does the other still have a right to involvement in decisions
which affect their children? <Back to Top>
Possibly. A parent’s right to involvement in decisions such
as schooling and medical treatment is a separate matter, and depends on their
having legal ‘Parental
Responsibility’.
If
I’m granted residence, does this place any restrictions on what I can do with
my children? <Back to Top>
Yes. If you are the
resident parent,
you cannot take your children abroad for more than one month or change their
names without the permission of the Court or the agreement of all parties who
have Parental Responsibility for the children.
Can people other than
parents apply for a Residence Order? <Back to Top>
Yes.
People who meet any of the following criteria have the automatic right to apply
for residence in relation to your children (without the need to ask the Court’s
permission to apply first):
1. any party to a marriage where the children were a part of
their family
2. if they lived with
the children for at least three years within the last five years, and their
application to the Court is made within three months of the children no longer
living with them
3. if there is a Residence Order in force, and they have the consent of the
person with whom the children legally reside
4. if the children are in Local Authority care and they have the consent of the Local
Authority
5. if they have the
consent of each person who holds Parental Responsibility for the children.
For people who don’t
meet these criteria, when reaching the decision to grant permission, the Court
will consider the merits of their application, their connection with your
children and whether granting a Residence Order would cause harm to the children.
It is worth noting
that your children could also ask the Court’s permission to apply for a
Residence Order although the Court must be satisfied that they
have sufficient understanding to make such a request.
What form would I use, to apply to the courts
for a Residence Order? <Back to Top>
You would use Form C100.
Applying to court <Back to Top>
If you are using a solicitor, they will do this for
you. Otherwise, download and complete the Form C100. Print and sign three
copies of the form.
Check how much the court fees are, and either take a cheque, postal order or cash for that amount when you go to
your local family court. The cost is currently £200.
It will assist both you and the judge if you write a
brief ‘Position Statement’. Try to keep the
position statement to two to three pages, setting out briefly why you are
applying for residence, and why you believe it to be in the children’s best
interests. Be factual, and try to be objective in what you write, and the
language you use.
A position statement is not essential, but it helps
inform the judge, briefly and ideally succinctly, why you are applying for the
order, and can assist you in court so you do not forget any points you wish to
raise.
Before setting off for the court
building, ensure you have with you:
a] Three
completed and signed copies of the forms;
b] The
cash, cheque or postal order to pay the court fee;
c] Three
copies of your Position Statement (if you have time to write one).
Hand in the court forms, fee and
position statement to the court’s administration department.
Finding your local family court <Back to Top>
You can use HMCS Court Finder
to do this. Once on that website, enter in your region under ‘Court Region
Search’. Then make sure that ‘Court Work Type Search’ is set to ‘Family Work’.
Then search under ‘Court Type’ and do a search first on ‘Combined Crown and
County Court’, then ‘County and Magistrates Court’, and then ‘County Court and
District Registry’. Choose the court which is closest to where you or your
children live and print the details.
Support <Back to
Top>
The Custody Minefield offers support forums
where you can ask our team of experienced support staff questions about family
law, the courts and separation. Collectively, we have answered more than 10,000
posts on other family law related support forums. Visit our Support Forum Page on
The Custody Minefield website to find out how to register.