A Residence Order was issued by the courts in favour of a single named person or two or more people with parental responsibility who a child should live with. Residence Orders were replaced on 22nd April 2014 by Child Arrangement Orders to overcome the practical difficulties of issuing shared residence orders and to reduce conflict between resident parents. As such, to get child custody (i.e. to have your child live with you), you will now need to apply for a Child Arrangement Order instead of a Residence Order.
Child Arrangement Orders are much more flexible than the older Residence Orders and allow courts to determine a wider range of matters such as:
- Who a child should live with, and where
- When and how a child will see both parents
- Who else the child will spend time with (e.g. close family members such as grandparents, friends and other relatives) and
- Whether contact hours should be supervised by a third party
Child Arrangements Orders also tend to encourage co-parenting; more so than Residence Orders. Before entering into a Child Arrangements Order, it is important to speak to a family law solicitor.
Who can apply for a residence order (Child Arrangement Order)
Under the Children Act 1989, you can apply for a Child Arrangement Order (which replaced the Residence Order) to determine who the child lives with, if you are the child’s mother or father or if you have parental responsibility, without first seeking permission. If you are a grandparent or another relative and you do not have parental responsibility, you will first need to get permission from the courts before you can apply for a Child Arrangement Order.
How to apply for a residence order (Child Arrangement Order)
To apply for a child arrangement order, previously known as a residence order, there are two key steps which need to be followed:
- Before applying for a Child Arrangement Order, you will normally need to attend a mediation information and assessment meeting (MIAM) to determine if mediation may be effective in reaching an agreement on arrangements for your child.
- If mediation is not effective or it is deemed unsuitable, you can then apply for a Child Arrangement Order either online or by post by completing a C100 court form. A court fee of £255 is also payable.
Once you have submitted an application for a Child Arrangement Order, the court dealing with the matter will arrange a hearing at which a judge will try to clarify the areas of agreement and disagreement and whether the child is at risk in any way. Hearings are normally attended by both parents and a representative of the Children and Family Court Advisory and Support Service (Cafcass). Cafcass may be asked to prepare a report to help decide what is best for your child. The judge may then make a consent order setting out the child arrangements, which will then be legally enforceable. If an agreement cannot be reached, the judge will then set out what will happen next. This may include another hearing, mediation, or attendance at a ‘Separated Parents Information Programme’ to help both parents reach an agreement.
It can take several months to reach the conclusion of a child arrangements order application, depending on how busy the courts are and how soon an agreement can be reached.
Does the emergency residence order still exist?
Yes, an emergency protection order (EPO), sometimes referred to as an emergency residence order, gives a local authority temporary shared parental responsibility with a child’s parents to provide immediate short-term protection to the child. This may be by either removing the child from the care of their parent/s or preventing the child from being removed from a particular place. An emergency protection order will normally only ever be granted if there is a need to protect a child from a genuine emergency. A local authority must exercise its shared parental responsibility in a manner that is reasonably needed to protect the child.
If the matter is urgent and does not relate to a local authority, it is possible to present a Child Arrangement Order as urgent. The court may then arrange for a hearing on the same day or bring forward the first hearing date. If you are concerned about the welfare of your child and wish to apply for an urgent Child Arrangement Order, please speak to our family law team as soon as possible for guidance and support.
Reasons for a judge to change a residence order
A judge in a family court may vary a child arrangement order (residence order) if there has been a change in circumstances, e.g.:
- The child has moved to a new school, and it makes sense for them to live with their other parent
- The resident parent is unwell
- The relationship between parent and child has deteriorated significantly
- The child is at risk of harm from one of their parents, or
- The child wishes to live with their other parent
In any event, the court will only change a residence order / child arrangement order if it is in the child’s best interests.
Depending on the age of the child, residence orders issued before 2014 will normally still be valid unless they have been changed (varied). As with a Residence Order, a Child Arrangement Order setting out who a child will live with typically lasts until the child reaches the age of 16 and, in some cases, 18.
If you have questions about child arrangements, we would encourage you to contact our caring and highly professional family law team. We will review the details of your case and that of your child, recommend the best course of action, draft your Child Arrangement Order application and assist you in court.
