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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
“Thank you for helping me achieve the best outcome possible. Thank you for your time and work, it is very much appreciated”
“Thank you so much for what you have done for me”
“Thank you very much for reuniting our family” - West Yorkshire Client
“Thank you for your ongoing support during the proceedings with my granddaughter. I am thrilled we have reached a positive outcome” - Yorkshire Client
"Hello Laura, Thank you for everything, and do not a shred of doubt that this could not have gone as well as it has without guidance. I will of course speak with you in more detail, to express our gratitude and ask how best we can show this."
"Hello Laura, I’m only sending this text at this unearthly hour because you will (hopefully) probably be asleep and hence not be disturbed. As always you have given us as much time as necessary and been kind and understanding of the situation in which we found ourselves. In my view (even at your relatively young age!), you not only have the knowledge but also the experience and wisdom to deal with complicated, challenging matters as ours. Once again, we are indebted to you for the kindness and consideration which you have showed.”
"I just want to send you a quick e-mail to say for your help and support over the last few months. I do not know what would have been foisted upon us as a family without your guidance I know we are at the start of a long road, but at least we now have the direction and support to perhaps find the correct destination for everyone involved in the journey."
"I would like to convey my heartfelt thanks to both yourself and the rest of the team at Ridley & Hall for assisting me in negotiating the shark infested waters of the past year. From my initial contact with Rosie and my subsequent dealings with all the support staff and professionals I have been treated with care and consideration, in my view, above and beyond the norm. I would have absolutely no hesitation whatsoever about recommending the firm to anyone who will listen."
"Hi Nigel, as you know, it is with GREAT pleasure that I can announce the forthcoming return of my grandson to his rightful place within his family following the local authorities application being rejected by the judge ......it surely couldn't have been achieved without the intervention of one particular FANTASTIC solicitor who believed I was worth fighting for - I THANK YOU from the bottom of my heart Nigel for all your hard work in helping to achieve this outcome ???????????????? xx"
"Just wanted to say thanks for your support and for being so frank. Appreciate where you've got us."