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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
"We just wanted to thank you both for all your help and for everything you’ve both done so far at such short notice. Nigel you’re a legend you were amazing yesterday, thank you for putting us both at ease and all your help making sure Cohen stays with us. Helen your position statement was just excellent and we both can’t thank you enough."
"We would like to thank you for everything you have done Nigel. You made it memorable for us"
"It was a pleasure to work with Sarah & Nigel. They were always available when I needed to talk to them"
"Ours was a complex case. We felt completely secure in the hands of Nigel Priestley and Sarah Brown. The outcome was the best possible given the circumstances. We would recommend them unreservedly and have done so already. Thank you!"
"It seems from speaking to other families in a similar situation that Ridley and Hall are one of the very few firms all be it with adoption disruption so I’d say plenty of room for outreach and training to other firms, but aware Nigel is already a spokesman. Grateful to have found you"
"We are so pleased we found Nigel & Sarah. At last we found professionals who understand the situation and stood up for us. The knowledge & understanding of both Nigel & Sarah puts a lot of social workers to shame! It was lovely, and a relief, to have someone believe in us."
"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."