Compared to children in sole residency that live with only one of their parents, scientific research has shown that children with a shared residency arrangement have better physical health (e.g. sleep, physical activity, smoking, alcohol use), higher psychological wellbeing (e.g. self-perception, life satisfaction, anxiety, depression), fewer behavioural problems (e.g. delinquency, school misbehaviour, bullying) and stronger social relationships (with friends, parents, step-parents and grandparents).
[5] The Children Act 1989 defines a residence order as one "...settling the arrangements to be made as to the person with whom a child is to live".
The Children Act 1989 Guidance and Regulations, Volume 1, Court Orders produced by the President of the Family Division (the leading judge of the Family Court, Dame Elizabeth Butler-Sloss) and published by the Stationery Office in 1991 discussed shared orders in paragraph 2.2(8) at page 10: - This was the approach in D v D (Shared Residence Order) (2001) 1 FLR 495 [1], in which it was held that residence of the children involved could be shared, even when one of the parents was hostile to the idea.
The principle was clearly stated: it is not necessary to show that exceptional circumstances exist before a shared residence order may be granted.
Hence, since D v D, there have been a number of cases where shared residence has been awarded to children in spite of one parent's initial objections or continuing hostility including: