What does it mean to have a ‘lives with’ order for your child arrangements?

Trying to decide who your child should live with is a tough decision that many separating parents will face.

It’s not always a guarantee that you will come to an amicable agreement with your ex-partner and the Court may have to step in and implement a Child Arrangements Order.

Within this agreement can be a ‘lives with’ order and knowing what this involves is crucial when wanting to protect your rights.

Our Head of the Family Law department, Karen Bishop, breaks down the types of arrangements and which might apply to you.

What is a ‘lives with’ order?

A ‘lives with’ order is part of a Child Arrangements Order that sets out with whom the child will live.

The Court will also consider:

• When and how a child spends time with the other parent
• Shared care agreements
• Any details about handovers or holidays
• Any conditions or restrictions needed to safeguard the child

If you are named in a ‘lives with’ order, you will automatically be granted parental responsibility for the duration of the order if you do not already have it.

Anyone who holds Parental Responsibility has the right to have a say in important decisions about your child’s upbringing, which include education, medical treatment, religion and applying for passports.

Who decides where a child lives?

When the court is left to decide where the child should live, it will focus their decision on the child’s welfare.

Under the Children Act 1989, a welfare checklist will be applied and this can include their physical emotional and educational needs, the likely effect of any change in circumstance for example of changing home, school or routine, the child’s age, sex, background and any relevant characteristics, any harm the child has suffers or is at risk of suffering, the capability of each parent of meeting the child’s needs.

The court may also look to consider your child’s wishes and feelings about where they want to live, but this is dependent on their age and understanding.

The court will start from the principle that a child benefits from the involvement of both parents, provided this does not place the child at risk of harm.

What are the types of ‘lives with’ arrangements?

There are two main types of living arrangements that can be ordered.

The child lives with both parents (shared care)

A shared care arrangement will allow your child to spend substantial time with both parents.

This does not have to mean an exact 50/50 split and can involve alternating weeks or a set weekly pattern.

Shared arrangements often work best if you and your ex-partner live close to each other and can co-parent effectively.

The child lives with one parent (primary residence)

A child will more often than not live in a primary home with one parent.

The other parent will then have defined contact arrangements and this can be alternate weekends or midweek visits.

If you and your ex-partner live far apart or one parent is the main caregiver, this might be your best option.

How can we support your child arrangements?

We know it’s not easy trying to find a new normal after you separate from your partner and it is not always simple to agree on who your child should live with.

This is where our Family Law team can help and explain your rights and options during this process.

We can assist with negotiating agreements and help prepare court applications and evidence for a Child Arrangements Order.

If you are struggling to agree on where your child should live, early legal advice can help reduce conflict and move towards a workable solution for you and your child.

For further advice or support with child arrangements, get in touch with our Family Law team.

Rising house prices and the growing cost of living make getting on the property ladder and saving for a deposit that much harder for first-time buyers.

Savills’ 2025 report found that around 52 per cent of first-time buyers received a helping hand from the ‘bank of mum and dad’ or other family members to buy their property.

This financial assistance is usually given as a gifted deposit.

Our Supervising Department Director, Erin Cronin, explains the requirements of a gifted deposit and how to prevent them creating delays in your purchase.

What is a gifted deposit?

A gifted property is the money given to a property buyer to help fund all or part of their deposit.

This is not to be confused with a loan, as the money is provided with no expectation of repayment.

The person giving the money also does not receive a legal interest in the property.

The average cost of a home for a first-time buyer in the UK is around £229,000 at the moment, according to Zoopla.

With house prices like these, buyers are putting down deposits of roughly £30,000 or more and family support is becoming increasingly common in funding this.

What are the requirements for a gifted deposit?

The most important requirement is that the deposit must genuinely be a gift.

Mortgage lenders need reassurance that the buyer will not have additional debts to repay alongside their mortgage.

If there is any expectation that the money will be paid back in the future, the lender may treat the arrangement as a loan instead.

This could affect your affordability checks and potentially impact the mortgage application.

Most lenders will only accept gifted deposits from close relatives, although some may allow gifts from partners or extended family members, depending on their criteria.

The donor also cannot usually have ownership rights over the property unless this has been formally agreed with the lender.

Lender requirements can vary and buyers should always disclose gifted deposits at the earliest opportunity.

How do you prove a gifted deposit is legitimate?

Mortgage lenders and solicitors are legally required to carry out checks on gifted deposits to comply with anti-money laundering regulations.

The donor will usually need to provide identification documents, proof of address and bank statements showing where the funds came from.

Lenders will also usually ask for a gifted deposit letter confirming that the money is an unconditional gift and does not need to be repaid.

The letters usually confirm:

• The amount being gifted.
• The donor’s relationship to the buyer.
• That the funds are not a loan.
• That the donor will not have a legal interest in the property.

Get advice on gifted deposits

With so many buyers relying on gifted deposits, proper legal guidance is key to understanding the implications they have for everyone involved.

If you’re looking to buy a property with the help of family, or you are the family member planning to help a buyer get onto the property ladder, our residential property team can guide you through the correct procedures and ensure everything is properly protected.

Get in touch to speak to our team.

One in 14 people aged over 65 has dementia and this rises to one in six for people aged over 80, according to the Alzheimer’s Society.

Receiving a dementia diagnosis can feel frightening and questions can start to arise about your future, such as your care and finances.

While it can be difficult to think about legal planning during such an emotional time, putting the right protections in place and making a Lasting Power of Attorney (LPA) can make sure your wishes are followed through with.

The Department Director of our Wills, trusts and probate team, Helen Jago, explains what an LPA is and whether you can make one after receiving a dementia diagnosis.

What is a Lasting Power of Attorney?

An LPA is often viewed as a legal document that allows someone you trust to make decisions on your behalf if you are no longer able to.

Many people presume that of a Will is the most important legal document they will ever make before they pass. However, an LPA protects you during your lifetime if illness or dementia affects your ability to make decisions independently.

There are two types of LPA in England and Wales that you can choose between.

A Property and Financial Affairs LPA relates to all financial decisions and responsibilities. For example, managing your bank account or selling your home, where you may need the proceeds to cover the cost of your care.

A Health and Welfare LPA covers all medical and daily living decisions. For example, if you end up in a situation where you need life-sustaining treatment, such as being placed on a ventilator, your attorney will have to choose whether or not to authorise it.

Without these documents, your loved ones could face lengthy and expensive court proceedings trying to access your money or make decisions about medical treatment on your behalf.

Determining mental capacity

Mental capacity is a person’s ability to understand, weigh up and communicate decisions at the time when they need to be made.

If you have received a dementia diagnosis, it does not automatically mean you lack mental capacity.

Many people in the early stages of dementia are still perfectly capable of understanding important decisions and signing legal documents, including an LPA.

Dementia is a progressive condition, so many people eventually lose the ability to make certain decisions, but they won’t necessarily decline overnight.

Someone may have clearer, more lucid days where they are fully able to express their wishes and understand the consequences of decisions being made.

Can you make an LPA after losing mental capacity?

Unfortunately, there comes a point for some people living with dementia where they are no longer able to understand or make certain decisions for themselves.

It does then become too late to create an LPA once mental capacity has been lost.

Without an LPA, no one automatically has the legal authority to deal with your finances or personal matters. Not even your next of kin.

To obtain this authority, an application must be made to the Court of Protection to appoint a Deputy.

A medical professional must also complete a formal assessment confirming that you no longer have the mental capacity to manage your affairs yourself.

If the application is approved, the chosen Deputy is given the legal power to make decisions on your behalf.

How can we support your LPA?

We know that conversations about the future are uncomfortable, especially when you are dealing with a progressive condition and the matter can sometimes be time sensitive.

We encourage everyone, particularly those with a dementia diagnosis, to make an LPA as early as possible.

This allows for their needs and wishes to be met by someone they trust should they become unable to decide for themselves.

Our team are here to provide you with the best LPA support and help you start the process of putting your affairs in order.

For further support or advice on LPAs, contact our Wills, trust and probate team.