The Law

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Residence

Residence is the term given to where the children live on a day to day basis.

A Residence Order, given by the Court, sets out who the children should live with and lasts until the children are 16 or until the children cease full time education. In some cases, it can be shared by both parents.


In the past, it was usual for the children to live with Mum. However, nowadays more and more children are asking to live with Dad and more and more Dads are asking for it. Before you apply for a Residence Order, make sure you have considered all the changes and responsibilities that this will bring. It is extremely hard work and obviously requires much commitment. It does not mean, however, that your whole life needs to be put on hold.

The granting of a residence order to someone automatically gives him or her parental responsibility for the child if they do not already have it. Parental responsibility obtained as a result of a residence order will continue until the order ceases. A residence order can be granted to more than one person whether they live together or not.

A residence order also prevents anyone changing the surname of or removing from the Channel Islands, for more than 1 month, any child who is the subject of the order without the agreement of everyone with parental responsibility or an order of the court for that child.

A Residence Order, given by the Family Court, may have implications that you had not thought of or were not aware of. We strongly recommend that you seek legal advice. For example, a Residence Order given to one parent may prevent the other from obtaining suitable social housing.

Some of the procedures described and the terms used may be different depending on whether you live in Jersey, Guernsey or one of the other Islands. Contact us for further help and advice.

Separation & Divorce

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Finance

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The Law

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