What is a child residence order?

What is a child residence order?

A residence order is a court order ‘settling the arrangements as to the person with whom a child is to live. These include the right to agree or refuse to agree to an adoption order being made and the right to appoint a guardian for the child.

Can my son choose to live with me?

In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.

What age Can child choose to live with either parent?

Children can’t choose where to live until they are 18 years old. Each case is different, and the judge will decide how much weight to give to the child’s preference using broad discretion. Courts will generally give more value to older children’s opinions than those of younger children.

What is the difference between a child arrangement order and a residence order?

In most cases a child arrangements order is applied for and granted when the parents of a child are divorcing or otherwise ending a long-term relationship. This is not always the case, however. Anyone who has a residence order in respect of the child, or who has lived with the child for three years or longer-term.

Can the police enforce a Child Arrangement Order?

If a child arrangement order is in place but not being adhered to, you will need to take this matter back to court and ask the court to enforce it. Such matter falls under family law and is not enforceable by the police.

Who has parental responsibility in a Child Arrangement Order?

The person named in a Child Arrangements Order shares parental responsibility for the child with the parents, and can make most important decisions on behalf of the child without needing the permission of the parents.