Understanding Live With Child Arrangements Orders: Rights and Implications for UK Parents (12 September 2024)

A Live with Order, often known as a Residence Order, provides official recognition of the individual with whom a child should reside. This could be with one parent (a Sole Residence Order) or with both parents at different times (a Shared Residence Order). These orders can be applied for by parents, grandparents or guardians.

A Live with Order allows the resident parent:

1. To travel outside of the UK with the child for a period of up to 28 days without the consent of the non-resident parent or court;
2. To authorise or prohibit the non-resident parent from travelling abroad with the children; and
3. To make day-to-day decisions regarding the child without the need to consult the non-resident parent.

Determining with Whom a Child Shall Live

Upon the breakdown of a relationship, it is up to the parents to decide with whom the child shall live. In the event an agreement cannot be reached, the individual may apply to the court for its determination on the issue. In such cases, the primary consideration of the court will be the child’s welfare; ensuring that any decision made is in the child’s best interests.

What Will a Live with Order Mean for Parents and Guardians?

If you are granted a Lives with Order, it will not affect your child’s relationship with the non-resident parent nor will it take away their parental responsibility.  Therefore, you will be required to get their consent for any major decisions pertaining to the child. These include moving abroad with your child, what religion the child will be raised in and changing the child’s name. 

In the event the non-resident parent fails to provide their consent, the court will make a decision after considering the relevant issues.

Funding for a Live with Order Application

Legal Aid is available to assist individuals with the costs of obtaining a Live with Order; providing an individual is in receipt of benefits such as Universal Credit and has evidence of being a victim of domestic abuse perpetrated against them or the child by the non-resident parent.

About the Author

Syma Tayyab is a Solicitor in the Family and Childcare department based in the Birmingham office at Duncan Lewis Solicitors. She has experience in a wide range of private children and injunction proceedings, including:

• Child Arrangements Orders;
• Prohibited Steps Orders;
• Specific Issue Orders;
• Non-Molestation Orders; and
• Occupation Orders

For advice on family matters, please contact Syma Tayyab via email:  Symat@Duncanlewis.com or telephone: 02072752592.