Children Act proceedings: live with Orders/spend time with Orders

Children Act proceedings: live with Orders/spend time with Orders

Lawson-West Solicitors has a specialist team of fully qualified solicitors who can advise and assist on all matters relating to children from the start of proceedings to the end, in a swift and cost-effective manner.

We are regularly instructed in disputes surrounding children. We acknowledge that disputes concerning the arrangements for children are stressful and a sensitive matter, when a relationship breaks down and the parents do not live together. If parents can decide between themselves who the child will live with then there is no need to formalise an arrangement. It is always encouraged for parents to try and decide together away from the courts their child arrangements, and this is also encouraged at Lawson-West.

If an arrangement cannot be decided the court could order a Live With Order (previously known as Custody Order) to determine where the child will live and who the primary carer (resident parent). The primary carer makes the general day-to-day decisions concerning the upbringing of the child. However, a Live With Order for a child does not limit or remove rights of the other parent granted by parental responsibility.

Mothers have automatic parental responsibility for their children this will be the same for married fathers, and fathers that are named on the birth certificate or any person with whom the child has lived with for at least 3 years. To apply to the court for an order the party must have parental responsibility. Unmarried fathers, stepfathers and others can make a request to the court to be granted an order for parental responsibility.

There is no set formula or arrangement to how child arrangements are to be determined as every situation is unique. Some parents have differing work schedules and therefore, they are only able to spend time with their child on certain days, this would be known as a spend time with order.

Alternatively, a ‘shared care order’ is when a child spends time with both parents, for example, one week with one parent, another week with the other, the aiming being for the child to spend equal time with each parent. However, an order for shared care arrangements does not always have to be an equal division of time. Therefore, every arrangement is unique to the circumstances of the parents involved.

For more advice for your child’s change of name, please get in touch with us on 0116 212 1000 or email Fiona Wilson, Head of Family Law:

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