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    Child Arrangements Orders: Understanding “Lives With” Orders

    Author – Dafina Morina, Family Law Legal Consultant

    One of the most difficult decisions parents face upon separation is who their children should live with and how often they should see the other parent. Child custody and contact can often lead to acrimonious arguments between parents who are going through a stressful separation.

    Parents are of course responsible for their children’s wellbeing and ensuring they are safe at all times. However the law also has an interest in ensuring that children’s rights to have a relationship with both their parents are upheld.

    Determining where a child will live after a separation can be one of the most emotionally challenging aspects of family law. In England and Wales, the term “custody” has been replaced by “child arrangements,” which dictate the living arrangements for a child. These decisions are governed by the Children Act 1989, and one of the key orders in such cases is the “Lives With” Child Arrangements Order.

    What is a Child Arrangements Order?

    A “Lives With” Child Arrangements Order determines with whom a child will primarily reside following parental separation. This order designates the “resident parent” who will have the majority of day-to-day care and responsibility for the child.

    Who Can Apply?

    • Parents. Either biological or adoptive parents can apply for a “Lives With” Order.
    • Individuals with parental responsibility. This includes legal guardians or others granted parental responsibility by the court.
    • Other family members. In specific circumstances, relatives such as grandparents may apply for a “Lives With” Order, but they must first seek the court’s permission.

    It’s important to note that the court’s priority in all cases is the welfare of the child, and the decision to allow an application will be based on whether it serves the child’s best interests.

    How to Get a “Lives With Order”?

    Before applying to the court, it is essential to attempt to resolve matters amicably, particularly in non-contentious cases. The court sees litigation as a last resort.

    In most cases, attending a Mediation Information and Assessment Meeting (MIAM) is the first step before any court application. Mediation gives parents or guardians the opportunity to reach an agreement on child arrangements without the need for court intervention, often leading to quicker and less stressful outcomes. If an agreement is reached, it can be formalised into a binding order.

    However, exemptions exist for mediation when there are concerns of domestic abuse, violence, or child protection issues. In such cases, the court can waive the requirement to attend mediation.

    If mediation does not lead to an agreement, the next step is the court. To do this, you must submit an application, after which a hearing is scheduled. At this stage, all the circumstances of the case are being carefully studied, including the wishes of each party. Additional information may also be requested from social workers or other professionals to better understand the situation.

    How Does the Court Decide?

    The main task is to create the best conditions for his physical and emotional well-being. Several key factors are considered here in order to make a fair and balanced decision.

    • Child welfare. It is carefully evaluated which solution will be the best in terms of security, stability and general well-being. It is important to be comfortable and protected.
    • The child’s opinion. Depending on the child’s age and maturity, the court may take their preferences into account. However, these views are considered alongside other factors to ensure the decision is in the child’s long-term best interest.
    • The ability of parents. The Court assesses how capable they are of providing a stable and safe environment. Factors such as emotional and physical willingness to take care of them, their financial situation and the ability to create conditions for normal development are taken into account.
    • Contact with both parents. Wherever possible, the court seeks to maintain contact with both parents. Even when a “Lives With” Order is granted to one parent, the other parent may be given a “Spend Time With” Order, ensuring regular contact with the child.
    • Any risks. If there is evidence that someone poses a threat (for example, due to violence, alcohol or drug abuse), the judge will take this into account when making a decision and may limit or completely exclude contact.

    The Role of Cafcass

    Cafcass (Children and Family Court Advisory and Support Service) is an independent body that plays a critical role in child arrangements cases. Cafcass becomes involved when parents cannot agree on arrangements and provides the court with detailed reports following welfare checks with the child and both parents. These reports often include recommendations about what is in the child’s best interest, significantly influencing the court’s decision.

    Parental Responsibility

    Parental responsibility refers to the legal rights and responsibilities that parents have in relation to their child.

    The individual with whom the child lives (under a “Lives With” order) typically has the authority to make day-to-day decisions about the child’s upbringing. This includes minor household issues that do not significantly affect the child’s life. However, significant decisions, like changing the child’s name, consent to serious medical interventions, change of residence or moving them abroad, usually require the consent of the other parent if they share parental responsibility.

    Can a Child Arrangements Order be Varied?

    Yes, it can be changed if circumstances require a revision of the terms. Either party can apply to the court for a variation if they believe the existing order no longer serves the child’s best interests.

    What Happens if a Party Violates?

    If a party breaches a Child Arrangements Order without a reasonable excuse, the other party can apply to the court for enforcement. Breaches can include failing to comply with the agreed-upon contact schedule or unilaterally altering the living arrangements.

    The court takes violations of Child Arrangements Order seriously, as they can disrupt the child’s stability. In some cases, the court may impose penalties on the offending party, such as fines, community service, or even imprisonment in extreme cases. However, the court may also consider whether there was a valid reason for the breach and whether the CAO needs to be varied to reflect the current circumstances.

    How Does Travelling Abroad Work?

    Under a “Lives With” order, the parent or guardian residing with the child is typically allowed to travel abroad with them for up to 28 days without needing the other parent’s consent, as long as no additional court orders restrict this. For extended travel or a permanent move abroad, however, both parents’ consent or court approval is required.

    Changing a Child’s Surname When a Child Arrangement Order is Active

    When a Child Arrangements Order, especially a “Lives With” order, is in effect, altering the child’s surname involves specific legal steps. The parent the child resides with must obtain approval from the other parent who holds parental responsibility or formally request the court’s permission to make this adjustment.

    How Long is It Valid?

    A Child Arrangements Order remains in effect until the child reaches the age of 16 unless the court specifies otherwise. In exceptional circumstances, such as when the child has special needs, the order may continue until they are 18.

    In cases where the child’s living arrangements or contact needs change before they turn 16, either parent can apply for a variation to the order, as mentioned earlier.

    How Can We Help?

    Sterling Law employs experienced lawyers specialising in family law who have in-depth knowledge and skills in resolving disputes related to custody of children and determining how to communicate with them. Due to this, clients receive high-quality legal assistance at all stages of the process, from filing an application to representing interests in court.

    If you are considering applying for a “Lives With” Child Arrangements Order or facing difficulties with current arrangements, contact us today for expert guidance.

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