residence and contact

In UK law, orders of court determining a child's residence and providing for contact with a child under the Children Act (1989). A residence order also gives parental responsibility to the person concerned, although it does not remove parental responsibility from anyone already holding it. A contact order specifies the type of contact permitted for a person not living with the child. Anyone can apply for a residence or contact order, including children, but they must have the permission of the court. The arrangements granted will depend on various different circumstances, but in all cases, the court's role is to give the welfare of the child paramount consideration.

When parents are separated or divorced, and cannot agree on arrangements for residence and contact, they can apply for an order of court. The court decides which spouse shall have residence and provides for contact by the other spouse. Contact may be in person, by telephone, or through exchange of correspondence. Joint residence orders can also be made, where a child lives with one or other parent for specified periods.

Residence can be transferred from parents to local authorities in care proceedings. An adoption order transfers residence to the adoptive parents. Local authority foster parents can apply for a residence order if the child has been living with them for three years out of the previous five, or with permission from the local authority if the child has been with them for a shorter period.

Under the Children Act (1989), the residence order replaced the former custody order, and the contact order replaced the access order.