see also: Custody - pre Children Act 1989
Case summary | Title | Reference |
| Brussels II - Jurisdiction - Spanish order for residence to mother in England with monthly contact in Spain | RE A (FOREIGN CONTACT ORDER: JURISDICTION) [Family Division] | [2004] 1 F.L.R. 641 |
| Care proceedings - Exceptional circumstances - Residence and supervision orders coupled with wardship | RE M AND J (WARDSHIP: SUPERVISION AND RESIDENCE ORDERS) [Family Division] | [2003] 2 F.L.R. 541 |
| Children - Residence - Same-sex couple | RE G (CHILDREN) [House of Lords] | [2006] 2 F.L.R. 629 |
| Children - Residence - Shared residence order | E v E (SHARED RESIDENCE: FINANCIAL RELIEF: YARDSTICK OF EQUALITY) [Court of Appeal] | [2006] 2 F.L.R. 1228 |
| Children - Residence dispute - Shared residence | RE R (RESIDENCE: SHARED CARE: CHILDREN'S VIEWS) [Court of Appeal] | [2006] 1 F.L.R. 491 |
| Civil procedure - Interim declaration - Mother applying for interim declaration that 18-year-old disabled son should reside with her | R v. R (Interim declaration: Adult's Residence [Family Division] | [2000] 1 F.L.R. 451 |
| Contact - Dispute over contact - Application for residence order | RE C (PROHIBITION ON FURTHER APPLICATIONS) [Court of Appeal] | [2002] 1 F.L.R. 1136 |
| Contact - Intractable residence and contact dispute - Court's role | A v A (SHARED RESIDENCE) [Family Division] | [2004] 1 F.L.R. 1195 |
| Contact - Natural parents - Residence order to foster-parents | Re P (Section 91(14) Guidelines) (Residence and Religious Heritage) | [1999] 2 F.L.R. 573 |
| Contact - Parents separated - Residence order to mother | Re H (Contact: Principles) | [1994] 2 F.L.R. 969 |
| Contact - Shared residence - Application for leave to make applications in alternative | G v F (Contact and Shared Residence: Applications for Leave) | [1998] 2 F.L.R. 799 |
| Contempt - Father removing children from jurisdiction after residence order made in mother's favour - No consent given by mother to removal or leave given by court | Re A (Return of Passport) | [1997] 2 F.L.R. 137 |
| Costs - Application for residence order - Withdrawn shortly before hearing | M v. H (Costs: Residence proceedings) [Family Division] | [2000] 1 F.L.R. 394 |
| Costs - Family proceedings - Residence application | Re G (Costs: Child Case) | [1999] 2 F.L.R. 250 |
| Divorce - Jurisdiction - Habitual residence | ARMSTRONG v ARMSTRONG [Family Division] | [2003] 2 F.L.R. 375 |
| Divorce - Jurisdiction - Habitual residence | I v I (DIVORCE: HABITUAL RESIDENCE) [Family Division] | [2001] 1 F.L.R. 913 |
| Divorce - Jurisdiction - Habitual residence | IKIMI v IKIMI | [2001] 2 F.L.R. 1288 |
| Divorce - Jurisdiction - Habitual residence | MARK v MARK [House of Lords] | [2005] 2 F.L.R. 1193 |
| Divorce - Jurisdiction to entertain petition for divorce - Habitual residence | Kapur v Kapur | [1984] F.L.R. 920 |
| English courts refusing public hearing or public pronouncement of judgment in respect of residence applications by fathers - Whether court's refusal constituting violation of applicants' rights under Arts 6(1) and 10 of European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 | B v UNITED KINGDOM; P v UNITED KINGDOM [European Court of Human Rights] | [2001] 2 F.L.R. 261 |
| Expert evidence - Reasons for departing from expert evidence | RE M (RESIDENCE) [Court of Appeal] | [2002] 2 F.L.R. 1059 |
| Family proceedings - Contested application by father for residence order - Child wishing to live with father | Re M (A Minor) (Justices' Discretion) | [1993] 2 F.L.R. 706 |
| Family proceedings - Estoppel - Parents making contested applications for residence orders respecting two children | K v P (Children Act Proceedings: Estoppel) | [1995] 1 F.L.R. 248 |
| Family proceedings - Father applying for residence hearing to be wholly in open court - Judge exercising discretion to hear matter in chambers | Re PB (Hearings in Open Court) | [1996] 2 F.L.R. 765 |
| Family proceedings - Final order in divorce proceedings granted custody to mother and access to father - Subsequent residence order application made by father | Re M (Minors) (Judicial Continuity) | [1993] 1 F.L.R. 903 |
| Family proceedings - Fresh evidence - Residence | Re M (Family Proceedings: Affidavits) | [1995] 2 F.L.R. 100 |
| Family proceedings - Parents' applications for residence orders - Conflicting welfare officers' reports | M v C (Children Orders: Reasons) | [1993] 2 F.L.R. 584 |
| Family proceedings - Residence - Care proceedings | Re G (Child Case: Parental Involvement) | [1996] 1 F.L.R. 857 |
| Family proceedings - Residence - Contact | Re S (A Minor) (Stay of Proceedings) | [1993] 2 F.L.R. 912 |
| Family proceedings - Residence - Parties | L v L (Minors) (Separate Representation) | [1994] 1 F.L.R. 156 |
| Family proceedings - Residence and contact proceedings - Applications to vary | Re R (Residence: Contact: Restricting Applications) | [1998] 1 F.L.R. 749 |
| Family proceedings - Residence order - Application by child | Re CT (A Minor) (Wardship: Representation) | [1993] 2 F.L.R. 278 |
| Family proceedings - Residence order - Application by father | Re S (A Minor) (Independent Representation) | [1993] 2 F.L.R. 437 |
| Family proceedings - Separate representation of child - Appointment of solicitor as alternative to court welfare officer | RE N (RESIDENCE: APPOINTMENT OF SOLICITOR: PLACEMENT WITH EXTENDED FAMILY) [Court of appeal] | [2001] 1 F.L.R. 1028 |
| Family proceedings - Specific issue order - Father with residence order applying for order permitting him to remove children to Northern Ireland | RE H (CHILDREN) (RESIDENCE ORDER: CONDITION) | [2001] 2 F.L.R. 1277 |
| Habitual residence - Jurisdiction - Mother sending 6-year-old child to Ghana | Re V (Jurisdiction: Habitual Residence) [Family Division] | [2001] 1 F.L.R. 253 |
| Housing - Allocation of council housing under Housing Act 1996 - Divorced parents with shared residence order | R (BIBI) v CAMDEN LONDON BOROUGH COUNCIL [Queen's Bench Division] | [2005] 1 F.L.R. 413 |
| Human rights - Right to respect for family life - Residence | C v FINLAND [European Court of Human Rights] | [2006] 2 F.L.R. 597 |
| Immigration - Freedom of movement for persons - Right of residence of the spouse of a national of a member State who returns to establish himself in his country of origin. | R v Immigration Appeal Tribunal ex parte Secretary of State for the Home Department | [1993] 1 F.L.R. 798 |
| Immigration - Residence order application by foster-mother - Father and child seeking asylum in England | Re M (A Minor) (Immigration: Residence Order) | [1993] 2 F.L.R. 858 |
| Inherent jurisdiction - Declaration as to welfare of mentally incapable adult - Exercise of court's powers under inherent jurisdiction | RE S (ADULT'S LACK OF CAPACITY: CARER AND RESIDENCE) [Family Division] | [2003] 2 F.L.R. 1235 |
| Joint residence order - Parental responsibility - Acquisition of parental responsibility by same-sex partner | RE G (RESIDENCE: SAME-SEX PARTNER) [Court of Appeal] | [2005] 2 F.L.R. 957 |
| Jurisdiction - Brussels II - Spanish order for residence to mother in England with monthly contact in Spain | A v L (JURISDICTION: BRUSSELS II) [Family Division] | [2002] 1 F.L.R. 1042 |
| Jurisdiction - Forum conveniens - Disputed applications in Wisconsin and in England for residence orders in respect of children | H v H (Minors) (Forum Conveniens) (Nos 1 and 2) | [1993] 1 F.L.R. 958 |
| Jurisdiction - Habitual residence - Presence in country for medical treatment | BREUNING v BREUNING [Family Division] | [2002] 1 F.L.R. 888 |
| Jurisdiction - Habitual residence - Recent arrival in England for work | L-K v K (No 2) [FD] | [2007] 2 F.L.R. 729 |
| Jurisdiction - Residence - Consent order permitting removal of child from jurisdiction | RE L (RESIDENCE: JURISDICTION) [Family Division] | [2007] 1 F.L.R. 1686 |
| Jurisdiction - Residence - Mother coming to England without children | Re M (Jurisdiction: Forum Conveniens) | [1995] 2 F.L.R. 224 |
| Jurisdiction - Residence order - Contact | Re F (Residence Order: Jurisdiction) | [1995] 2 F.L.R. 518 |
| Jurisdiction - Wardship - Habitual residence | P v P [FD] | [2007] 2 F.L.R. 439 |
| Parental responsibility - Legitimate children not of mature years - No residence order | Re PC (Change of Surname) | [1997] 2 F.L.R. 730 |
| Residence - After divorce proceedings joint custody order granted to parents with care and control to mother - Mother leaving child in care of grandparents | Re W (A Minor) (Residence Order) | [1993] 2 F.L.R. 625 |
| Residence - Appeal - Magistrates' reasons | Re J (A Minor) (Residence) | [1994] 1 F.L.R. 369 |
| Residence - Application for leave by child to live with mother - Whether child of sufficient understanding to make application | Re C (Residence: Child's Application for Leave) | [1995] 1 F.L.R. 927 |
| Residence - Application for residence order by paternal aunt - Strong supposition in favour of child residing with natural parent | Re D (Residence: Natural Parent) | [1999] 2 F.L.R. 1023 |
| Residence - Application to vary - Court ordering separation of brothers | B v B (Residence Order: Restricting Applications) | [1997] 1 F.L.R. 139 |
| Residence - Application to vary - Youngest son expressing strong wish to live with father | Re V (Residence: Review) | [1995] 2 F.L.R. 1010 |
| Residence - Child of parent who was member of a religious sect - Father withdrawn from his community and cut off from his child | Re R (A Minor) (Residence: Religion) | [1993] 2 F.L.R. 163 |
| Residence - Conditions imposed on order - Application to vary conditions | Re D (Residence: Imposition of Conditions) | [1996] 2 F.L.R. 281 |
| Residence - Contact - Father refusing contact to mother | Re W (Residence Order) | [1999] 1 F.L.R. 869 |
| Residence - Contested applications for residence orders - Judge making shared residence order to enable mother to continue in full employment | Re R (Residence Order: Finance) | [1995] 2 F.L.R. 612 |
| Residence - Contested residence applications - Insufficient reasons given for decision | B v B (Residence Order: Reasons for Decision) | [1997] 2 F.L.R. 602 |
| Residence - Court welfare officer's recommendation - Judge's suspicion that welfare officer predisposed in favour of mothers | Re W (Residence) | [1999] 2 F.L.R. 390 |
| Residence - English father applying for residence order - Swedish mother applying for residence order and leave to remove child from jurisdiction | Note H v H (Residence Order: Leave to Remove from Jurisdiction) | [1995] 1 F.L.R. 529 |
| Residence - Facts akin to surrogacy arrangements - Application for residence order under s 8 of the Children Act 1989 by lesbian couple | Re H (A Minor) (Section 37 Direction) | [1993] 2 F.L.R. 541 |
| Residence - Father applying for residence order to prevent removal of children from jurisdiction - Mother applying for leave to remove children | Re K (Application to Remove from Jurisdiction) | [1998] 2 F.L.R. 1006 |
| Residence - Forum conveniens - Parents USA nationals | M v B (Residence: Forum Conveniens) | [1994] 2 F.L.R. 819 |
| Residence - Foster-parents - No locus to apply for order | Gloucestershire County Council v P | [1999] 2 F.L.R. 61 |
| Residence - Interim order - Mother having custody, father having staying access | Re G (Minors) (Ex parte Interim Residence Order) | [1993] 1 F.L.R. 910 |
| Residence - Interim order - Mother with difficulties in caring for her child but in touch with social services and seeking permanent solution | Re P (A Minor) (Ex parte Interim Residence Order) | [1993] 1 F.L.R. 915 |
| Residence - Judge seeking to ascertain children's preference as to the parent they should live with - Children's wishes not ascertainable Circumstances in which judge should seek children's views | B v B (Minors) (Interviews and Listing Arrangements) | [1994] 2 F.L.R. 489 |
| Residence - Leave to apply - Child with 15-year-old mother living in foster home | G v Kirklees Metropolitan Borough Council | [1993] 1 F.L.R. 805 |
| Residence - Nigerian boys brought up since birth by white foster-mother - Court ordering their return to biological mother | Re B (Residence Order: Leave to Appeal) | [1998] 1 F.L.R. 520 |
| Residence - Parents' cross-applications - Magistrates taking different view from court welfare officer who did not give oral evidence | Re L (Residence: Justices' Reasons) | [1995] 2 F.L.R. 445 |
| Residence - Parents separating - Child remaining with father | Re B (Residence Order: Status Quo) | [1998] 1 F.L.R. 368 |
| Residence - Private law proceedings - Residential assessment | R v R (PRIVATE LAW PROCEEDINGS: RESIDENTIAL ASSESSMENT) [Family Division] | [2002] 2 F.L.R. 953 |
| Residence - Residence order - Child ward of court | C v Salford City Council and Others | [1994] 2 F.L.R. 926 |
| Residence - Residence order - Committal | G v C (Residence Order: Committal | [1998] 1 F.L.R. 43 |
| Residence - Residence order in father's favour - Children registered under mother's maiden name | Re C (Change of Surname) | [1998] 1 F.L.R. 549 |
| Residence - Residence order in mother's favour with extensive contact to father - Whether contact order or shared residence order should be made | A v A (Minors) (Shared Residence Order) | [1994] 1 F.L.R. 669 |
| Residence - Residence order -Removal from jurisdiction | Re H (Application to Remove from Jurisdiction | [1998] 1 F.L.R. 848 |
| Residence - Residence orders - Condition that children should reside at a specified address | Re E (Residence: Imposition of Conditions) | [1997] 2 F.L.R. 638 |
| Residence - Same-sex parents - Relocation in breach of court order | RE G (RESIDENCE: SAME-SEX PARTNER) [Court of Appeal] | [2006] 2 F.L.R. 614 |
| Residence - Separated parents making cross-applications for residence orders - Risks to children finely balanced | Re N (Residence: Hopeless Appeals) | [1995] 2 F.L.R. 230 |
| Residence - Shared residence - Findings adverse to one parent did not preclude shared residence order | RE F (SHARED RESIDENCE ORDER) [Court of Appeal] | [2003] 2 F.L.R. 397 |
| Residence - Shared residence - Near equal division of time | RE P (SHARED RESIDENCE ORDER) [Court of Appeal] | [2006] 2 F.L.R. 347 |
| Residence - Shared residence - When shared residence order appropriate | Re H (A Minor) (Shared Residence) | [1994] 1 F.L.R. 717 |
| Residence - Shared residence order - Residence order made in husband's favour giving him parental responsibility over child who was not his son | Re H (Shared Residence: Parental Responsibility) | [1995] 2 F.L.R. 883 |
| Residence - Shared residence order - Whether exceptional circumstances required | D v D [Court of appeal] | [2001] 1 F.L.R. 495 |
| Residence - Shared residence order under s 11(4) of Children Act 1989 not appropriate solely to give applicant (even someone who looked after children believing himself to be father) parental responsibility - Removal from jurisdiction | Re WB (Residence Orders) | [1995] 2 F.L.R. 1023 |
| Residence - Two-year-old child spending little time with father before being taken to India by mother - Maternal grandmother playing significant role in care of child | Re K (Residence Order: Securing Contact) | [1999] 1 F.L.R. 583 |
| Residence - Welfare officer's recommendation in father's favour - Mother relying on UN Declaration that child of tender years shall not, save in exceptional circumstances, be separated from its mother | Re A (Children: 1959 UN Declaration) | [1998] 1 F.L.R. 354 |
| Residence dispute - Reasons for decision - Reasons for departing from recommendations of CAFCASS officer | RE M (RESIDENCE) [Court of Appeal] | [2005] 1 F.L.R. 656 |
| Residence order - Application for leave by relative - Children left with father's cousin for 3 days | Re O (Minors) (Leave to Seek Residence Order) | [1994] 1 F.L.R. 172 |
| Residence order - Application for leave to apply - Parents initiating divorce proceedings | Re H (Care Proceedings: Intervener) [Court of Appeal] | [2000] 1 F.L.R. 780 |
| Residence order - Child - Agreement made before birth | Re W (A Minor) (Residence Order) | [1992] 2 F.L.R. 332 |
| Residence order - Conditions - Whether appropriate to attach formal conditions as to residence and contact Jurisdiction | RE H (RESIDENCE ORDER: PLACEMENT OUT OF JURISDICTION) [Family Division] | [2006] 1 F.L.R. 1140 |
| Residence order - Grandmother with mother's support applying for residence order for child - Justices declining to make order on grounds that child would not be better off with order than without | B v B (A Minor) (Residence Order) | [1992] 2 F.L.R. 327 |
| Residence order - Jurisdiction - Leave to remove child from jurisdiction granted by English court | Re S (Residence Order: Forum Conveniens) | [1995] 1 F.L.R. 314 |
| Residence order - Specific issue order - Applications for leave to make s 8 applications by 15-year-old | Re C (A Minor) (Leave to seek Section 8 Orders) | [1994] 1 F.L.R. 26 |
| Residence orders - Condition that mother and child should live within specified geographical area - Highly exceptional case | B v B (RESIDENCE: CONDITION LIMITING GEOGRAPHIC AREA) [Family Division] | [2004] 2 F.L.R. 979 |
| State benefits - Entitlement - Habitual residence | Nessa v Chief Adjudication Officer | [1999] 2 F.L.R. 1116 |
| State benefits - Jurisdiction - Habitual residence | Nessa v Chief Adjudication Officer | [1998] 1 F.L.R. 879 |
| Wardship - Jurisdiction - Habitual residence | F v S (Wardship: Jurisdiction) | [1993] 2 F.L.R. 686 |
| Wardship - Jurisdiction - Habitual residence | RE A (WARDSHIP: HABITUAL RESIDENCE) [Family Division] | [2007] 1 F.L.R. 1589 |
| Welfare report - Application for residence order - Parties agreeing court welfare officer should attend final hearing | Re C (Section 8 Order: Court Welfare Officer) | [1995] 1 F.L.R. 617 |
| Welfare reports - Irregularity of practice - Father and mother making cross-applications for residence and contact | Re G (Minors) (Welfare Report: Disclosure) | [1993] 2 F.L.R. 293 |
Last updated - 17 Jan 2008 - 107 items