ABSTRACT

It should be noted that, due to the non-interventionist principle in s 1(5) of the Children Act (CA) 1989, these orders cannot technically be made ‘by consent’ (see 24.3, above).

25.1.1 A residence order

Pursuant to the new ethos of parental responsibility generating ongoing practical parenting, this order merely settles where a child shall live and no more. Parents will still share parental responsibility even if one obtains a residence order, and even if a non-parent obtains a residence order (which will give that person parental responsibility also) the parents will still retain their own parental responsibility.