Commonly known as residence orders, court-ordered arrangements for where a child lives are not always permanent. Under certain circumstances, a judge may decide that those arrangements should change.
If you’re seeking to modify a residence order or concerned that your ex might, understanding the grounds a court considers is critical. Below, we’ll list 7 potential reasons and explain how the process works.
What is a residence order?
A residence order determines the parent or guardian with whom the child lives. Now part of a Child Arrangements Order, it sets the primary home and provides legal certainty about daily care, schooling, routines and stability. Once made, it remains in place unless significant change justifies revisiting it.
Why a court might change a residence order
Judges do not alter arrangements lightly. Their first priority is the child’s welfare. That said, there are recognised reasons that might lead to variation or discharge:
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Change in circumstances
The most common reason is that circumstances have shifted materially. For example, one parent may move far away, become ill, lose the ability to care for the child or face financial hardship that affects the child’s standard of living.
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Risk or harm
If new evidence emerges that the child is at risk in their current residence due to abuse, neglect, domestic violence or substance misuse. The court may change the residence order to ensure safety.
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Child’s wishes and feelings
As children mature, their preferences carry more weight. Where a child expresses a consistent, reasoned wish to live elsewhere, the court may give this significant consideration.
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Failure to comply with the order
If a parent continuously breaches the existing order, failing to allow contact, disrupting routines or ignoring court instructions. A judge may reconsider where the child should live for greater stability.
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Parental capacity and responsibility
The parent seeking residence must demonstrate that they can provide a stable, caring and suitable environment. Changes in mental health, ability to care or lifestyle issues might weaken their position.
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Better fulfilment of the child’s needs
The court may find that an alternative arrangement offers a better match to the child’s educational, emotional or health needs. This could include access to support services or closer proximity to extended family.
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New or compelling evidence
Sometimes evidence emerges after the original order, witness statements, professional reports and expert assessments. This can significantly impact the balance of welfare considerations.
How the process works
To change a residence order, you usually apply to the family court using form C100 (or amendment equivalents), requesting a variation or discharge.
You should present supporting evidence and may be asked to attend a hearing. The court may instruct a CAFCASS report, witness statements or expert assessments. These are all directed at assessing whether changing the order aligns with the child’s best interests.
The judge will apply the welfare checklist under the Children Act 1989, balancing stability, protection, parental capability and the child’s views, amongst other factors.
What this means for you
Seeking a variation of a residence order is serious. The court will only make changes when the evidence supports that this is in the child’s best interests. If you’re considering applying or defending an application, you need robust evidence, clear presentation and experienced legal support from a family law solicitor.
If you want advice tailored to your case, our family law team can help you understand your options and present a strong case for or against any proposed change.
Please note that this article is solely for informational purposes. It’s not a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case-specific guidance.
When you’re ready to get started, book a free 30-minute consultation at one of our offices or by video call. We’re on hand in Harrow, Canary Wharf, Piccadilly Circus and Manchester or you can chat with us remotely via video call. Set up your consultation by calling 0203 983 5080, emailing [email protected] or using the form below.
