''Residence may refer to various parts of

English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...

including taxation, immigration, and family law. This article deals exclusively with English family law. See residence in English law for disambiguation.'' In

family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, ...

, the Court can order a Residence Order of the

Family Court Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintif ...

under section 8 of The

Children Act 1989 The Children Act 1989 is a United Kingdom Act of Parliament which allocates duties to local authorities, courts, parents, and other agencies in the United Kingdom, to ensure children are safeguarded and their welfare is promoted. It centres on th ...

following the breakdown of a

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...

and determining where the

child A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger ...

ren are to live and with whom. The order can be sole or

joint A joint or articulation (or articular surface) is the connection made between bones, ossicles, or other hard structures in the body which link an animal's skeletal system into a functional whole.Saladin, Ken. Anatomy & Physiology. 7th ed. McGraw ...

, and if joint, it can be made to a couple regardless whether they are married. If a residence order is granted, this automatically gives him, her, or them parental responsibility for the child(ren) which will continue until the order terminates (usually this will be until the child(ren) reach their sixteenth birthday unless there are exceptional circumstances justifying a longer period).

Eligibility

The following can make an application for a Residence Order under section 8 of The

as of right: #the

parent A parent is a caregiver of the offspring in their own species. In humans, a parent is the caretaker of a child (where "child" refers to offspring, not necessarily age). A ''biological parent'' is a person whose gamete resulted in a child, a male t ...

guardian Guardian usually refers to: * Legal guardian, a person with the authority and duty to care for the interests of another * ''The Guardian'', a British daily newspaper (The) Guardian(s) may also refer to: Places * Guardian, West Virginia, Unite ...

of the child(ren); #a married stepparent of the child(ren) where the child(ren) lived with the stepparent as child(ren) of the

family Family (from la, familia) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its ...

; #anyone with whom the child has lived for at least three years (this period need not have been continuous but must have been recent). #anyone who: :a) where there is already a Residence Order in place has the consent of every one who holds that Order, or :b) who has the consent of the local authority where the child is in their care, or :c) has the consent of every one who has parental responsibility for the child. If an applicant cannot apply for the Order as of right, (e.g. they are wider family members such as grandparents etc. who wish to seek orders for their grandchildren), they can make an application to the court seeking leave to issue the application. In deciding whether to grant leave, the court will consider, amongst other things: #the nature of the application, #the applicant's connection with the child, and #the risk that the proposed application might disrupt the child(ren)'s life to such an extent that they should be harmed by it.

The welfare principle

As a matter of

public policy Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public p ...

, the courts have always operated under the doctrine of ''

parens patriae ''Parens patriae'' is Latin for "parent of the nation" (lit., "parent of one's country"). In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to ...

'' to make the

best interests Best interests or best interests of the child is a child rights principle, which derives from Article 3 of the UN Convention on the Rights of the Child, which says that “in all actions concerning children, whether undertaken by public or private ...

of any children their first and paramount concern. From time to time, this doctrine has been included in

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

s, the most recent relevant version being section 1 of The

which requires the court to consider the "welfare checklist". Before making a section 8 order (i.e. a residence order) the court must consider: #The ascertainable wishes and feelings of each child concerned (considered in light of his or her age and understanding); #His or her physical, emotional and/or educational needs; #The likely effect on him or her of any change in the circumstances; #His or her age, sex, background and any other characteristics which the court considers relevant; #Any harm which he or she has suffered or is at risk of suffering; #How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his or her needs; #The range of powers available to the court under the Children Act 1989 in the proceedings in question. A child is not automatically a party to the proceedings and will be represented by a

Guardian ad litem A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, calle ...

unless the court considers it necessary. If a Guardian is appointed but the children and the Guardian do not agree on what recommendations to make to the court and the children are of sufficient age and understanding, they will be able to instruct a solicitor directly to represent their views and the Guardian will present an independent view to the court. Whether or not a Guardian is appointed, the court can request a Welfare Report under section 7 of The

, either from the local authority where the child currently resides or from a Children and Family Reporter who is an officer appointed by CAFCASS. The report will usually inform the court of the child's wishes and feelings, but the officer will recommend what he or she thinks is in the child's best interests in the circumstances of the case rather than just advocate the child's wishes. {{English law types English family law Child custody