Residence in English family law
"Residence may refer to various parts of English law including taxation, immigration, and family law. This article deals exclusively with English family law. See residence in English law for disambiguation." In family law, the Court can order a Residence Order of the Family Court under section 8 of The Children Act 1989 following the breakdown of a marriage and determining where the children are to live and with whom. The order can be sole or joint, 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 Children Act 1989 as of right: 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 welfare principle. As a matter of public policy, the courts have always operated under the doctrine of "parens patriae" to make the best interests of any children their first and paramount concern. From time to time, this doctrine has been included in statutes, the most recent relevant version being section 1 of The Children Act 1989 which requires the court to consider the "welfare checklist". Before making a section 8 order (i.e. a residence order) the court must consider : A child is not automatically a party to the proceedings and will be represented by a Guardian ad litem 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 Children  Act 1989, 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.