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.
