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Shared residence order meaning

Published by a LexisNexis Family expert
What does Shared residence order mean?
A shared residence order describes a family court order that a child lives with each of two parents or carers in two homes. It recognises shared care but does not require equal time; the child’s welfare remains paramount. England and Wales: Since 22 April 2014 it has been replaced by a child arrangements order under the Children act 1989 (as amended by the Children and Families Act 2014) specifying that the child lives with both. Practitioners still use “shared residence”. Where made for a non‑parent, a lives‑with order confers parental responsibility for its duration. Northern Ireland: The Children (Northern Ireland) Order 1995 still provides for residence orders, and the court can order shared residence (unequal time permitted). A residence order can confer parental responsibility on a non‑parent. Scotland: Under section 11 of the Children (Scotland) Act 1995 the court may regulate residence so a child lives with each parent. “Shared residence” is descriptive only; there is no separate statutory form. Ireland: The courts do not make residence orders. Equivalent outcomes are achieved through joint custody and access under the Guardianship of Infants Act 1964 (as amended, including the Children and Family Relationships Act 2015).
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View the related Practice Notes about Shared residence order

PRACTICE NOTES
Shared care under child arrangements orders: principles, key cases, parental responsibility and same-sex families (England and Wales)

Practice Note This Practice Note outlines the overarching principles concerning child arrangements orders (CAOs) that permit a child to live with two or more people who reside separately. It reviews the leading authorities on shared residence orders. The Note also addresses decisions about CAOs specifying with whom a child is to live, together with matters involving same-sex partners. A child arrangements order is an order that sets out arrangements about the person(s) with whom a child is to live, spend time or otherwise have contact, and/or the times when a child is to live, spend time or otherwise have contact with any other person. For additional detail on CAOs that determine living arrangements, and the considerations the court applies when making such orders, see Practice Note: Child arrangements orders—residence...

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PRACTICE NOTES
House enfranchisement and 50-year lease extensions under the LRA 1967: qualifications, notices, valuation and procedure (England and Wales)

This Practice Note sets out the statutory right (subject to statutory qualifying criteria) of qualifying tenants of long leases of houses to obtain the freehold (individual enfranchisement), or to secure a 50-year extension of the house lease under the Leasehold Reform Act 1967 (LRA 1967). It offers guidance on the qualifying criteria for premises and tenants, service of a tenant’s claim notice and the landlord’s notice in reply, applications to the First-tier Tribunal (FTT) (or the Leasehold Valuation Tribunal (LVT) in Wales) and County Court procedure, valuation and calculation of the purchase price, and completion of the acquisition. Houses—the right to enfranchise A tenant of a leasehold house and any attendant premises (such as a garden, garage, yard, etc) is entitled under the LRA 1967 to acquire: the freehold where all of the following are satisfied: the tenancy is a long tenancy (see Long tenancy below) (references to long tenancy exclude business tenancies save in certain specified situations,...

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