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Children · Orders

Residence orders: what replaced them

In England and Wales the court no longer makes residence orders: since 22 April 2014 it makes a child arrangements order that says who a child lives with[1]. A residence order made before then is treated as a child arrangements order about who the child lives with[2]. You apply on Form C100[3].

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Residence orders replaced by child arrangements orders[1]
Court fee for a C100[4]
Usual time to get an order about child arrangements[5]

01/ What changed

What happened to residence orders

Section 12 of the Children and Families Act 2014 removed "residence order" and "contact order" from section 8 of the Children Act 1989 and put the "child arrangements order" in their place[1]. That section came into force on 22 April 2014[1].

A child arrangements order regulates with whom a child is to live, spend time or otherwise have contact, and when[9]. What used to be a residence order is now the part of a child arrangements order that says who the child lives with, often called a "lives with" order; what used to be a contact order is now a "spend time with" order[10][11]. GOV.UK notes that these arrangements are sometimes still called "child custody" or "child contact"[12].

See child arrangements orders for the full guide to the order that replaced residence and contact orders.

02/ Lives with orders

What a "lives with" order does

A child arrangements order naming someone as a person the child lives with has these effects under the Children Act 1989[13][14]:

  • A father, or a second female parent, named as someone the child lives with who does not already have parental responsibility must also be given it by the court, and the court cannot end it while the child is to live with them[13].
  • Anyone else named as someone the child lives with, such as a grandparent, has parental responsibility while the order says the child lives with them[13][15].
  • While it is in force, no one may give the child a new surname or take them out of the United Kingdom without the written consent of everyone with parental responsibility or the court's permission, but a person the child lives with under the order may take them abroad for less than one month[14].
  • A parent named in a lives with order must still keep to the rest of the child arrangements order when taking the child abroad[10].

When it ends

Most section 8 orders end when the child reaches 16 unless the circumstances are exceptional, but that does not apply to the parts of a child arrangements order about who the child lives with, which can run until the child reaches 18[16].

Where both parents have parental responsibility, the part of the order about the child living with one of them stops having effect if the parents live together for a continuous period of more than six months[17].

03/ Shared care orders

Shared care and shared "lives with" orders

The High Court has said that "shared care order", "shared lives with order" and "joint lives with order" do not appear in the Children Act 1989 but are commonly used by judges and practitioners[10]. A shared lives with order says the child lives with each parent and then divides the child's time between them, whether equally or not[10].

The court can set the division of time tightly, leave it open, or something in between, with the child's best interests as its primary consideration[10]. The main shapes an order can take[10]:

The order says the child lives with one parent and spends time with the other[10]. A parent who already has parental responsibility keeps it, and neither parent has priority in exercising it because of the order[10].

Shared care and child maintenance

For child maintenance, the Child Maintenance Service bases the number of nights of shared care on a court order or an agreement between the parents[19]. See child maintenance for how shared care changes the amount.

04/ Orders made before 2014

If you have an old residence order

The Children and Families Act 2014 (Transitional Provisions) Order 2014 deems any residence order in force before 22 April 2014 to be a child arrangements order about who the child lives with and when[2]. Old contact orders are deemed child arrangements orders about spending time or having contact, but a residence or contact order that had already been discharged is not revived[2].

Cafcass says a father has parental responsibility if he had a residence order made before 22 April 2014[20]. For parts of an old order that do not regulate contact, the court cannot make an enforcement order or order financial compensation under the enforcement sections of the Children Act 1989[2].

To change an existing order you can agree a change and ask the court to approve a consent order, or ask the court to vary it; Form C100 is also used to apply to end (discharge) an order[21].

05/ Who can apply

Who can apply for a lives with order

A parent, guardian or special guardian can apply for any section 8 order without the court's permission[22]. So can anyone the child has lived with for at least 3 years within the last 5, a relative the child has lived with for at least 1 year immediately before a "lives with" application, and anyone with the consent of everyone who has parental responsibility[22]. Anyone else needs the court's permission first[22][23].

06/ How to apply

Applying for a child arrangements order

The route for a "lives with" or shared care order is the same as for any child arrangements order[3][5]:

  1. If you both agree, a consent order makes the arrangements legally binding and you do not usually have to attend court[24]. A MIAM is not required for a consent order[25].

07/ How the court decides

What the court considers

The child's welfare is the court's paramount consideration, and in an opposed case it works through the welfare checklist in section 1(3) of the Children Act 1989[33]:

  • the child's wishes and feelings, in the light of their age and understanding[33];
  • their physical, emotional and educational needs[33];
  • the likely effect of any change in their circumstances[33];
  • their age, sex, background and relevant characteristics[33];
  • any harm they have suffered or are at risk of[33];
  • how capable each parent is of meeting their needs[33];
  • the range of powers available to the court[33].

The court presumes that each parent's involvement will further the child's welfare if that parent can be involved without putting the child at risk, but "involvement" does not mean any particular division of time[34]. It makes no order unless that would be better for the child than none[35].

08/ Scotland and Northern Ireland

Residence orders outside England and Wales

Section 8 of the Children Act 1989, and so the child arrangements order, extends to England and Wales only, and GOV.UK says there are different rules in Scotland and Northern Ireland[36]. Everything else on this page is about England and Wales.

In Scotland, the Scottish Courts and Tribunals Service says applications for orders relating to children such as residence and contact are family actions in the sheriff court, raised with an initial writ rather than a set form[37]. mygov.scot says a grandparent can apply for a residence order if they think a grandchild should live with them[38].

In Northern Ireland, the Children (Northern Ireland) Order 1995 still provides for Article 8 residence orders, started on Form C1[39]. A court there making a residence order for a father without parental responsibility must also make a parental responsibility order[40].

09/ Questions

Frequently asked questions

Do residence orders still exist?

Not in England and Wales: since 22 April 2014 the court makes a child arrangements order saying who the child lives with[1]. Northern Ireland still has residence orders[39].

Is my old residence order still valid?

A residence order in force before 22 April 2014 is treated as a child arrangements order about who the child lives with, unless it had already been discharged[2].

What is a shared care order?

It is the everyday name for a shared "lives with" order: the order says the child lives with each parent and divides their time, equally or not[10]. The term itself is not in the Children Act 1989[10].

Does a shared care order mean equal time?

No: a shared lives with order can divide time equally or unequally[10]. "Involvement" of each parent does not mean any particular division of the child's time[34].

Does a lives with order give me parental responsibility?

A father or second female parent named as someone the child lives with must be given parental responsibility; anyone else named has it while the order says the child lives with them[13].

How do I apply for a residence order now?

You apply for a child arrangements order on Form C100, usually after a MIAM[3][25]. The fee is £270[4].

Can a grandparent get a lives with order?

A relative the child has lived with for at least 1 year immediately before the application can apply for a "lives with" order without permission; otherwise a grandparent usually needs the court's permission first[22].

10/ Sources

Sources we checked

  1. Children and Families Act 2014, section 12 — legislation.gov.uk · The Children and Families Act 2014 (Commencement No. 2) Order 2014, article 4 — legislation.gov.uk
  2. The Children and Families Act 2014 (Transitional Provisions) Order 2014, articles 6 and 7 — legislation.gov.uk
  3. GOV.UK — Form C100
  4. The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (SI 2026/642), Schedule 3 — legislation.gov.uk
  5. Apply for a court order (Making child arrangements if you divorce or separate) — GOV.UK
  6. FMC MIAM Standards (Aug 2022) PDF
  7. GOV.UK — mediation · FPR r3.9
  8. FPR Part 3, r3.8(1)(d)
  9. Children Act 1989, section 8 — legislation.gov.uk
  11. Child arrangements orders — Kinship
  12. Making child arrangements if you divorce or separate — GOV.UK
  13. Children Act 1989, section 12 — legislation.gov.uk
  14. Children Act 1989, section 13 — legislation.gov.uk
  15. Children Act 1989, section 12 — legislation.gov.uk
  16. Children Act 1989, section 91 — legislation.gov.uk · Children Act 1989, section 9 — legislation.gov.uk
  17. Children Act 1989, section 11 — legislation.gov.uk
  18. Kinship care: statutory guidance for local authorities — Department for Education, GOV.UK · Kinship care statutory guidance (October 2024), PDF — Department for Education
  19. Shared care (printable guide) — GOV.UK
  20. Applying for an order that gives you "parental responsibility" — Cafcass
  21. Change or enforce an order (Making child arrangements if you divorce or separate) — GOV.UK
  22. Children Act 1989, section 10 — legislation.gov.uk
  23. Children Act 1989, section 10 — legislation.gov.uk · Our role in private law proceedings — Cafcass
  24. Apply for a court order (Making child arrangements if you divorce or separate) — GOV.UK
  25. Practice Direction 3A — Ministry of Justice
  26. legislation.gov.uk — CFA 2014 s10
  27. Apply for a court order: who can apply and MIAMs — GOV.UK
  28. Form C100 (06.26), sections 1, 6, 15 and 16 — HMCTS
  29. GOV.UK — Get help with court fees
  30. Practice Direction 12B, paras 8.7–8.9 — Child Arrangements Programme, justice.gov.uk
  31. Practice Direction 12B, paras 8.11–8.12 and 14.2 — Child Arrangements Programme, justice.gov.uk
  32. Overview of our involvement as you go through the court process — Cafcass
  33. Children Act 1989, section 1 — legislation.gov.uk
  34. Children Act 1989, section 1 — legislation.gov.uk
  35. Children Act 1989, section 1 — legislation.gov.uk
  36. Children Act 1989, section 8 — legislation.gov.uk · Apply for a court order (Making child arrangements if you divorce or separate) — GOV.UK
  37. Ordinary Cause — Scottish Courts and Tribunals Service
  38. Contacting your grandchildren if their parents separate — mygov.scot
  39. A Handbook on Family Law relating to children in Northern Ireland (July 2023) — Judiciary NI
  40. A Handbook on Family Law relating to children in Northern Ireland: parental responsibility — Judiciary NI

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