We know that it’s not always easy to come to an agreement with your ex-partner on who your child should live with.
Sometimes, an amicable agreement cannot be made and the court may have to step in and implement a Child Arrangements Order.
Within this agreement can be a ‘live with’ order and knowing what this involves is crucial when wanting to protect your rights.
What is a ‘live with’ order?
We know that a ‘live with’ order is part of a Child Arrangements Order and that it sets out where and with whom the child will live,
However, first, you might want to understand what a Child Arrangements Order includes:
If you are named in a ‘live with’ order, you will automatically have parental responsibility for the duration of the order.
It also means you have the right to make day-to-day decisions about your child’s upbringing.
However, you do not have free rein and there are still certain limitations.
For example, a parent cannot change a child’s surname or take them abroad for more than one month without the consent of others who hold parental responsibility or permission from the court.
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 your ability to meet your child’s needs and the likelihood of any change in circumstances.
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 ‘live with’ arrangements?
There are two main types of living arrangements that can be ordered.
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 set in stone contact arrangements and this can often 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.
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 of your time 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 co-parent effectively.
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.
