When parents separate, one of the most important and emotionally charged decisions they face is where their child will live. If parents cannot agree on arrangements, the court can step in and issue a Child Arrangements Order (CAO). One specific type of CAO is the “Live With” order, which determines who the child will live with on a day-to-day basis.
What is a CAO ‘Live With’ Order?
A “Live With” order is a Court Order issued by the family court under the Children Act 1989. It specifies the person or people with whom a child is to live. This could be one parent, both parents (in a shared care arrangement), or another guardian such as a grandparent. The order can also include details about when the child lives with each person if the arrangement is shared.
If a person has a ‘Live With’ order in their favor, they can take the child abroad for up to 28 days without needing the consent of the other parent or the court. This can be particularly helpful for holidays or family visits overseas.
When is a ‘Live With’ Order Needed?
A “Live With” order is typically needed when:
- Parents cannot agree on who the child should live with.
- There are concerns about a child’s safety or welfare in one parent’s care.
- A non-parent (such as a grandparent or other relative) is seeking to care for the child.
In some cases, the court may issue a “Live With” order alongside other orders, such as a Prohibited Steps Order (to prevent certain actions) or a Specific Issue Order (to resolve a particular dispute, like schooling or medical treatment).
What Does It Mean for Parents?
A “Live With” order, provides clarity. It confirms that the child’s primary residence and also offers some practical benefits, such as the ability to travel abroad with the child for short periods without additional permissions.
For the other parent, it does not mean they lose parental responsibility or the right to be involved in major decisions.
Providing Certainty and Reducing Conflict
A CAO “Live With” order is a powerful tool for resolving disputes about a child’s living arrangements. It provides legal certainty and can help reduce conflict between parents. However, it’s always best to try to reach an agreement amicably before turning to the courts. Mediation and legal advice can often help parents find a solution that works for everyone – especially the child.
If you’re unsure whether a “Live With” order is right for your situation, speaking to a family solicitor can help you understand your options and guide you through the process.
At Ison Harrison our family law team are experts in matters concerning family law and child arrangement issues. Contact our Castleford branch for a confidential chat to see how we can help. Call 01977 557 171 or email hello@isonharrison.co.uk.
