Shared
Residence
Why should you consider shared residence as
opposed to sole residence arrangements?
Shared
Residence and Parenting Rights
Are Shared Residence Orders common?
Why would a court
consider granting Shared Residence?
Shared Residence related research
What form would I use,
to apply to the courts for a Shared Residence Order?
Finding your local family court
What is shared residence? <Back to Top>
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.
Why should you consider shared residence as opposed
to sole residence arrangements? <Back to Top>
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. You can read that research for yourself in our
document Shared
Care Research (opens as a pdf).
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? <Back to Top>
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 <Back to Top>
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 <Back to Top>
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 judicial opinion has been challenged and
overturned by the Court of Appeal.
Are Shared Residence Orders
common? <Back to Top>
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? <Back to Top>
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:
1.
one parent is hostile to the idea; and
2.
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 <Back to Top>
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 set out within our
report ‘Research Supporting the Importance of Shared Care’ which can be
downloaded from the Custody Minefield website.
What
form would I use, to apply to the courts for a Shared Residence Order? <Back
to Top>
You
would use Form C100, which you can download on
our Court Forms
page.
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 application fee 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 shared 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.
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.
Shared Residence – Our e-Guide <Back to Top>
Our 93 page digital book on shared residence and shared
parenting (for PCs), including definitions, case law, court forms, MSWord
templates, shared parenting research findings, checklists, legal arguments, a
guide on making an application for shared residence and checklists for case
management. Available to purchase from The Custody Minefield website for £15.
This is the most detailed guide on shared residence that exists.