Residence / Custody

When applying for residence, you must first consider carefully whether it is in the best interest of your child to live with you. You must consider the physical and emotional needs of your child.

As well as considering what is in the best interest of a child the Court also considers the welfare checklist when deciding who should have residence of a child.

The Welfare checklist consists of the following:

• The wishes and feelings of the child concerned (considered in light of his/her age and understanding), their physical, emotional and educational needs and the likely effect on them of any change in circumstance.

• Their age, sex, background and any of their characteristics that the Court considers relevant.

• Any harm which they have suffered or are at risk of suffering.

• How capable each of his/her parents is of meeting his/her needs.