Shared residency in English law

Shared residence, or joint residence, refers to the situation where the child(ren) of parents who have divorced or separated reside(s) with each parent at different times. Shared residency may be granted in cases where both parents have parental responsibility. Shared residency does not mean that the time the child spends in each residence must be equal. Children Act 1989 defines a residence order as one "...settling the arrangements to be made as to the person with whom a child is to live". A sole order settles the child(ren) in the home of one parent. The other parent will usually be allowed contact. A joint or shared order allows the child(ren) to alternate periods of residence between the homes of both parents. Shared residence refers to a situation where the children live in two (or more) households. The term joint residence is used for the situation where the children live with two people who themselves live in the same household (for example, with their father and his partner.)

Shared residence orders are relatively uncommon in the UK, but should be the option of choice in cases where both parents want to be fully involved in their children's upbringing, either or both parents consent to the order, and the Court certifies that the Order is in the best interests of the child(ren). The Children Act 1989 Guidance and Regulations, Volume 1, Court Orders produced by the President of the Family Division (the leading judge of the Family Court, Dame Elizabeth Butler-Sloss) and published by the Stationery Office in 1991 discussed shared orders in paragraph 2.2(8) at page 10: -

This was the approach in D v D (Shared Residence Order) (2001) 1 FLR 495 [1], in which it was held that residence of the children involved could be shared, even when one of the parents was hostile to the idea. The principle was clearly stated: it is not necessary to show that exceptional circumstances exist before a shared residence order may be granted. Nor is it probably necessary to show a positive benefit to the child. What is required is to demonstrate that the order is in the interest of the child in accordance with the requirements of s1 Children Act 1989 which makes the interests of the children the first and paramount concern of the Courts in any litigation. In the case of very young children, there is an informal rebuttable presumption in disputed cases that a very young child's interests are more likely to be served by having a single 'base' with one parent, regardless of how the other has performed. This may be rebutted by evidence to demonstrate that the child's interests will be better served by shared residence, or by sole residence with one spouse or with other significant persons. Recently, Baroness Morris of Bolton commented:

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