A residence order is usually overturned when there has been a significant change in circumstances since the previous order was made by the court. Often a child may reach an age where they are able to decide for themselves that they do not wish to remain with their resident-parent, or they do not want to have any contact with the non-resident parent. If this scenario applies, then the courts will have a considerable regard to the wishes and welfare of the child and may look to overturn one of its previous residence orders.

Other factors that may apply to warrant a change in a residence order is where one parent has become abusive, involved in drug or alcohol abuse or the child is at risk of harm. In such situations providing one parent can provide evidence to prove the change of circumstances and illustrate the risk of harm to a child then the courts may overturn their initial residence order.

Parents can agree between themselves if they want to make any changes to an existing child residence order. If so there is no need to make an application to the family court.

In order for the court to overturn a residence order they will need to be satisfied that it is in the best interests of the child to make this change. Child welfare is the paramount concern in child proceedings. The courts want to cause as minimal disruption as possible to a child’s life.

It is quite common for courts to issue temporary or interim residence orders during the course of child act proceedings. Such interim residence orders can be overturned and changed during the course of the proceedings as the courts will consider all the available evidence and evidence of the parents. The courts will then be able to reach a decision on who to grant permanent residency of the child having regard to the child’s welfare.

If you have been unsuccessful in securing an interim residence order or want to query one being granted you may want to consider prospects to challenging the order made.

As with most child law matters, parents can agree on child residence between themselves. If an existing residence order is in place, parents can by mutual consent overturn the order. IF parents do not remain amicable following their separation, assistance can be obtained from family mediators or legal advisors. At Kabir Family Law our specialists can attempt to mediate between conflicting parents to reach an agreement on a residence order being overturned by consent. If this is not practical, then parents will need to make an application to the family court to overturn a residence order in which situation the courts will consider the welfare of the child.

An exceptional change in circumstances could lead to a residence order being overturned by the court. Examples of this are when the parent who is granted a residence order falls ill. If the illness of the parent affects their ability to look after and care for a child then this can be seen as an exceptional circumstance. The courts may look to overturn a residence order on the basis that the child’s welfare may be affected.

Another example of a change of circumstance in which a residence order may be overturned is when the parent who the child lives with becomes involved in drug or alcohol abuse or becomes abusive. This could in turn affect the welfare and safety of a child which would warrant the need for the residence order to be overturned. If you are a parent concerned with the welfare of your child you can contact our specialists today to assess the prospects of a residence order being overturned.

Many grandparents who have child residence orders also query can a residence order be overturned if provided to grandparent? Again, this is similar to residence order granted to parents. If there is a change of circumstances then the residence order can be overturned, especially if the change of circumstances mean that a parent is applying for a residence given that they have more rights to their children than grandparents.

Both a residence order and a special guardianship order serve the purpose of providing who the child will be living with. A key difference between both orders is that a residence order will end once the child has reached the age of 16 unless special circumstances exist, whereas a special guardianship order ends when a child reaches the age of 18 years.

Another difference between a residence order and a special guardianship order is the length of time a child can be taken out of the UK without needing consent. In a residence order a child can only be taken out of the UK for 1 month otherwise consent of other with parental responsibility will be needed. On the other hand, someone with a special guardianship can take a child away for up to 3 months before they require consent. Interestingly a person who has special guardianship also acquires parental responsibility of the child which is greater than other people who hold parental responsibility of the child.