Is There a ‘Live With’ Order for a Child in the UK?

There is no separate legal order known as a ‘live with order’ in UK family law. What people commonly refer to as a ‘live with order’ is just one part of a Child Arrangements Order. Previously known as Residence Orders, this type of order sets out in detail where and with whom a child will live. A child arrangements order does more than define who a child lives with. It can be used to describe many practical aspects of a child’s day-to-day care and contact arrangements when parents cannot agree, such as when and how they spend time with each parent, shared care arrangements, and conditions and restrictions.

How does the child arrangements order decide who the child is to live with?

When deciding where a child should live and who the child is to live with, the court’s primary focus is always the child’s welfare. To assess what arrangement best serves the child’s welfare, judges will look at:

• The child’s wishes and feelings, depending on their age and understanding
• The child’s physical, emotional, and educational needs
• The likely effect on the child of any change in their circumstances
• The child’s age, sex, background, and any relevant characteristics
• Any risk of harm to the child, including evidence of abuse or neglect
• The capability of each parent to meet the child’s needs, and
• The range of powers available to the court.

The courts also consider the fact that the involvement of both parents in a child’s life will further their welfare, unless evidence shows this would put the child at risk of harm.

Types of ‘live with’ arrangements in child arrangements order

There are two main types of ‘live with’ arrangements that can be included in a child arrangements order; where the:

• Child lives with one parent (primary residence)
• Child lives with both parents (shared living / shared residence)

Child lives with one parent (primary residence)

In many cases, the court decides that it is best for the child to have a primary home with one parent. This does not mean the other parent is unimportant; the order will usually include arrangements for regular contact. A primary residence arrangement is more common when:

• One parent has been the main caregiver or provides more stability.
• The parents live far apart.
• There are concerns about the other parent’s ability to provide consistent care.
• The child is very young or has additional needs.

The non-resident parent will usually have clear contact arrangements, for example, alternate weekends, certain holidays, or specified midweek visits.

Child lives with both parents (shared living / shared residence)

A shared living arrangement allows a child to spend significant time with both parents. This might mean alternating weeks or spending part of the week with each parent. Importantly, this does NOT require an equal or 50/50 time split. Shared care is often encouraged when:

• Both parents live close to one another
• The parents can communicate and cooperate effectively
• The arrangements provide consistency in the child’s schooling, routine, and friendships.
• Both parents are capable caregivers.

Common shared care schedules include:

• 2-2-3 schedule – where the child spends two days with one parent, two days with the other, then three days back with the first; the pattern reverses the following week
• 3-4-4-3 schedule – where the child stays three days with one parent, then four with the other; the pattern flips the next week, and
• Alternating weeks – where the child lives with one parent for a full week, then switches to the other parent the following week.

Who can apply for a child arrangements order?

Only certain people can apply for a child arrangements order, some of who may require permission from the court before doing so. Those who can apply automatically (without court permission) include:

• Either parent
• A guardian or special guardian
• Anyone with parental responsibility
• Anyone named in an existing child arrangements order as someone the child lives with
• Anyone with whom the child has lived for at least three years (within the last five years, ending no more than three months ago)
• Foster carers, if the child has lived with them for at least one year, and
• Relatives with whom the child has lived for at least one year.

Those who require court permission (leave) include:

• Grandparents (unless they meet one of the automatic criteria), and
• Other extended family members or family friends who do not meet the automatic criteria.

Can unmarried fathers apply for a child arrangements order?

An unmarried father can apply for a child arrangements order even without parental responsibility. If the court grants the order, it will typically grant him parental responsibility at the same time.

Can grandparents apply for a child arrangements order?

Grandparents do not have an automatic right to apply for a child arrangements order. In most cases, they need to request the court’s permission (‘leave of the court’) before applying. However, permission is not required if the child lived with the grandparent for for a period of at least one year immediately preceding the application or if the child lived with the grandparent for at least three years and that period ended no more than three months before the application is made.

Courts generally view ongoing grandparent involvement as beneficial, and permission is often granted if grandparents have had a meaningful relationship with the child. However, grandparents must show that the order they seek would serve the child’s best interests. Before applying to court, grandparents are encouraged to attempt resolution through mediation, which is usually mandatory before court proceedings can commence.