Children's and young people's experiences in various residential arrangements: a longitudinal study to evaluate criteria for custody and residence decision making

Summary The child's welfare or the child's best interest is, in manycountries, the court's paramount consideration for determiningcustody and residence of a child after parental separation ordivorce. This longitudinal study evaluates the custody criterionchild's relationships and residence preferences. Based on aqualitative study design including interviews with childrenand parents, the experiences of 62 children of separated ordivorced parents in various residential arrangements are analysed.The main findings are: (i) a residential arrangement in accordancewith the child's relationships and residence preferences accordswith the child's welfare and represents a positive living situationwith loved people in the family and social environment; (ii)the personal relationships of the child are in no way static,but demonstrate a noticeable dynamic as they change under theinfluence of internal and external factors. Therefore a timelychange of residence, which occurs in accordance with the changedemotion preferences of the child, is beneficial; (iii) a residentialarrangement contrary to the child's relationships and residencepreferences represents for the child involved a difficult situation,which can lead to one of three different processes: adjustment,a trajectory of suffering or initiatives to change the livingsituation. This means that some children adjust, others experiencetrajectory processes of suffering, and those in the remainingcases act as competent social agents, who can autonomously representtheir own interests and pursue them in order to initiate orcontribute to a change of their residence. Findings of the studyare discussed, and suggestions are offered for substantive andprocedural laws to guarantee the child's welfare in custodyand residence settlements and for further research.