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A residence order is an order which states where a child should live (it has historically been referred to as custody). When parents separate and there is a dispute about where children should live, the court decides this and will take into account the child’s welfare.
This is a list of areas which the court will consider:-
- the ascertainable wishes and feelings of the child concerned (considered in the light of the child’s age and understanding);
- the child’s physical, emotional and educational needs;
- the likely effect on the child of any change in circumstances;
- the child’s age, sex, background, and any relevant characteristic;
- any harm which the child has suffered or is at risk of suffering;
- how capable each of the parents and any other relevant person is of meeting the child’s needs;
- the range of powers available to the court.
The person to whom a residence order has been made in their favour can take the child outside England and Wales for up to a month at a time without need of any other persons who have parental responsibility or the court.
Residence orders also enable a person to have parental responsibility. The parental responsibility granted under a residence order is the same as all other individuals who already hold it.
If you are able to provide specific details of your particular issue, along with any hearing dates and local authority involvement, it can help us respond more clearly to your enquiry. If so, please click the button below to complete our free detailed enquiry form.
What our clients say
"It all went really well I was expecting the LA to be difficult as they had employed a Barrister. A big thank you to Nigel Priestley and Sarah Brown from Ridley & Hall Solicitors for your advice and understanding."
"Nigel, an enormous thank you from the bottom of my heart. You have helped two wonderful families, both Julie & Sam. Thank you for making your way down to Worcester again. If my referrals are getting too much please let me know."
"From the very first day I approached Ridley & Hall, I dealt with Nigel and everything no matter simple questions from myself to bigger issues have been resolved with the utmost sensitivity and understanding."
"I just want to thank you for everything you’ve done for my family Laura. If it wasn’t for you I’d probably still be on drugs, without Noah. Without him I had nothing to live for, I know that sounds dramatic but it’s true. You are so important to all of us. Thank you so so much."
"To Laura, I want to thank you for standing for me, I will forever use you as an example to my Emillie of what girl power really looks like. You are incredible thank you so much for the role you played in reuniting me and Emillie. Love Always."
"During my dealings with Ridley and Hall I had an equally high opinion of the secretaries of the solicitors (namely Abbey and Nicola) and the reception staff. All staff I dealt with at Ridley and Hall were genuinely lovely and all staff ensured every call or email was responded too in a prompt and timely manner. I am so glad I researched solicitors before deciding to choose Ridley and Hall and I would recommend them to anyone needing their services either now or in the future. I say with great sincerity - thank you to all the staff at Ridley and Hall yet, those 2 words could never be enough to truly show Ridley and Hall how grateful I will always be to all of staff. Keep being as great as I will always remember you to be and, Ridley and Hall will continue to change the lives of those that cross your paths for the better." - C S – 2016
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“I never thought I would write a testimony saying how wonderful the solicitor at Ridley and Hall was but here I am doing just that. Initially I was sceptical and fearful whether or not my decision to choose Ridley and Hall was the correct one. I need not have feared as it was one of the best decisions I ever made. My solicitor at that time was James Cook of Ridley and Hall. He superseded any expectation I could have had of a solicitor. I felt valued and that my thoughts and opinions were well respected and listened too. Ridley and Hall were also were also very accommodating of my disabilities and I would describe them as disability friendly. James Cook responded to all my emails, phone calls and voicemail messages in a prompt and timely manner. If no immediate response could be provided, James Cook ensured a prompt time by which he could respond in full. James Cook went the extra mile (and many more!!!) and helped me to achieve the quickest and most appropriate response for my family. I will always be truly grateful to him for this. Words will never truly express my gratitude to him (James Cook) for the outstanding service and result he achieved for my family and I. Thank you James James Cook was not the exception to the rule at Ridley and Hall. I had dealings with various other solicitors at Ridley and Hall (namely Sarah Brown and Samantha Sanders) They too were efficient, respected my views and dealt with matters in hand in a prompt and timely manner and we're always helpful.” - C S – 2016
“Thank you very much for reuniting our family” - West Yorkshire Client