When parents separate or when a child’s welfare is at risk, determining where and with whom the child should live becomes a crucial decision. In the UK, the legal framework surrounding child arrangements care is designed to prioritise the child’s best interests. Two important types of court Orders that address these living arrangements are “Lives With” and “Shared Lives With” Orders. This article explores these Orders, their purposes and their significance in ensuring the well-being of children.
Lives With Orders
A “Lives With” Order is a legal directive issued by a family court under the Children Act 1989. It specifies with whom a child should live following parental separation, divorce or in situations where a child’s safety or welfare is a concern. Lives With Orders are a type of Child Arrangements Order (CAO), which also covers other aspects of a child’s care, such as visitation and contact with the non-resident parent.
Purpose and Impact
The primary purpose of a Lives With Order is to provide clarity and stability regarding the child’s living situation. Stability is vital for a child’s emotional and psychological health, especially during the upheaval of a parental split or in cases of neglect or abuse. The Order helps establish a clear, structured environment, reducing the potential for parental conflict and ensuring that the child’s needs are prioritised.
When issuing a Lives With Order, the court considers several factors, including:
- The child’s wishes and feelings, depending on their age and understanding.
- The child’s age, gender, background and any characteristics the court considers relevant.
- The likely effect of any change in circumstances on the child.
- The ability of each parent (or potential guardian) to meet the child’s needs.
- Any risk of harm to the child.
In cases where there are concerns about a child’s safety, such as exposure to domestic violence or substance abuse, a Lives With Order can ensure that the child is placed in a secure, supportive environment. The Order can also direct that the child lives with someone other than the parents, such as a grandparent, relative or foster carer, if this is deemed to be in the child’s best interest.
Shared Lives With Orders
A “Shared Lives With” Order is a variation of the Lives With Order, where the court mandates that a child lives with both parents but splits their time between them. This arrangement is often used when the court finds it beneficial for the child to maintain strong relationships with both parents, ensuring that both have a significant role in the child’s upbringing.
Purpose and Impact
The Shared Lives With Order aims to balance the child’s need for stability with the benefits of maintaining close, ongoing relationships with both parents. This type of Order is typically considered when both parents are capable of providing a safe, nurturing environment and when the child’s best interests are served by spending substantial time with each parent.
The court carefully considers how the shared living arrangement will work in practice. Factors include:
- Proximity of the parents’ homes to each other and to the child’s school or other key activities.
- The parents’ ability to communicate and cooperate effectively in the child’s best interests.
- The child’s own preferences and how they would handle moving between two homes.
- The practicalities of the arrangement, such as work schedules and the logistics of transferring the child between homes.
Shared Lives With Orders can vary in terms of the division of time; it might be an equal split, or it could favour one parent slightly, depending on what is deemed best for the child. The Order can also be flexible, allowing adjustments as the child’s needs or circumstances change.
Comparing Lives With and Shared Lives With Orders
Both Lives With and Shared Lives With Orders are designed to ensure that the child’s living arrangements serve their best interests, but they differ in their approach to how the child’s time is managed between parents or guardians.
- Lives With Orders focus on placing the child with one primary caregiver, providing a stable and consistent home environment. This Order is particularly common when one parent is deemed more capable of meeting the child’s needs or when the child’s safety with one parent is a concern.
- Shared Lives With Orders allow the child to split their time between both parents, promoting the involvement of both in the child’s life. This Order is most suitable when both parents are equally capable and when maintaining strong bonds with both is considered beneficial for the child’s well-being.
Conclusion
Lives With and Shared Lives With Orders play a critical role in determining the best living arrangements for children in the UK following family breakdowns or in cases where the child’s safety is at risk. These Orders are centred around the principle of ensuring that the child’s needs, safety and welfare are always the primary concern. Whether through providing a stable home with one parent or allowing shared residency, these legal tools are essential in supporting the healthy development and well-being of children during challenging times.
