Shared Residence Order

In Re D (Children) (Shared Residence Orders) (TLR 5 January CA)

It is no longer necessary to demonstrate exceptional circumstances or a positive benefit to a child before making a shared residence order. In Ee H (a Minor) (Shared Residence) ([1994] 1 FLR 717) was unduly restrictive and A v A (Minors) (Shared Residence Orders) ([1994] 1 FLR 669) showed a more relaxed and flexible approach to shared residence. Here the children had in effect lived with both parents for some considerable time and the concrete issues in dispute related more to detail than to substance. The court would not interfere with the judge’s decision, having considered all the evidence, that the difficulties between the parties arose from the mother having sold residence.