Residence and Contact Orders

A Residence order settles with whom the child or children should live. It is rare for a court to separate siblings, but if it is in the children's best interests, they will do so – the court always looks at each child individually. It is becoming increasingly common for courts to make “joint” or “shared” residence orders, so that in effect the child or children have 2 homes.

The order can set out exactly when each child lives in each home, set out general terms or it can be silent as to that aspect if the court is confident that both parties can agree.

A Contact order settles how and when a child should have contact with a person other than the person they live with. Contact can take many forms, including letters and emails, telephone contact, visiting contact and staying contact. Where there are concerns about the care the adult wishing to have contact may afford the child or children, the court may order a period of supervised contact – that is contact where another adult is present to ensure the child or children do not come into any harm.

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