Court decision-making in shared residence order cases: a critical examination

Stephen Gilmore, Senior Lecturer in Law, University of East London; tutor in family law, several colleges in the University of Oxford. Increased use of child dual residence upon parental separation has been suggested as a response to alleged deficiencies in facilitation and enforcement of contact between children and non-resident parents. The focus of debate has been on whether there should be a presumption of shared residence. Less attention has been paid to evaluating the current legal position. This article therefore provides a detailed critical examination of the case-law on shared residence orders and assesses the law in the light of research evidence on shared residence and child well-being. See Child and Family Law Quarterly, Vol 19, No 3, 2006.

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