Re A (a child) (joint residence: parental responsibility) [2008] EWCA Civ 867, [2008] 3 FCR 107
A shared residence order may be regarded as appropriate where it provides legal confirmation of the factual reality of a child’s life or where, in a case where one party has the primary care of a child, it may be psychologically beneficial to the parents in emphasising the equality of their position and responsibilities.
The making of a residence order is a legitimate means by which to confer parental responsibility on an individual who would otherwise not be able to apply for a freestanding parental responsibility order, as in the case of someone who is not the natural parent, but a step-parent or same sex partner.
