Residence and contact quick Q&A

Can I still apply for a Custody Order?

No. The Children Act 1989 has replaced custody and custody orders with residence and residence orders.

What is a Residence Order?

A Residence Order is an order which regulates where a child is to live. Therefore a Residence Order means that the child is to live with you. Most other matters relating to the child's upbringing depend upon who has parental responsibility.

How do I obtain a Residence Order?

You need to make an application to the court. This will usually be the Magistrates Court, the County Court, or even the High Court in a very difficult case.

Can a Joint Residence Order be granted?

Yes. This kind of time-sharing order is very popular in the United States and is possible depending upon the circumstances of each individual case. Usually, the courts will not grant an order unless they are persuaded that both parents can make it work and of course it promotes what is best for the child.

If I have a Residence Order, can I decide how and when contact takes place?

Yes and no. If you are asking whether you need to agree contact arrangements, the answer is yes. Contact arrangements cannot be forced on you except under a Contact Order. If you are asking whether contact arrangements are entirely your decision, the answer is no. Contact arrangements are to be agreed between the parties. Both parties should then stick to the arrangements. It is not in any child's best interests for arrangements to keep changing on the decision of one party.

If I have a Residence Order, can I change the child's name?

Not if there is someone else with parental responsibility. You can only do so with the consent of that person or persons or with the leave of the court.

If I have a Residence Order, can I take the child out of the country?

You can take the child anywhere in the United Kingdom without needing consent. Similarly, you can take a child out of the United Kingdom for a period of less than one month without needing any consent. This is intended to cover holidays. To take a child out of the United Kingdom for a month or more, you must obtain the consent of every person with parental responsibility, or the leave of the court to do so.

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