"Live with” and “spend time with” orders

Primarily, parenting orders are concerned with the time that the child “lives with” or “spends time with” each parent. This is usually the most contentious issue in applications for parenting orders. Usually following the making of residence orders, the court will also determine the allocation of “parental responsibility”, While the primary residential parent is always likely to have parental responsibility, the “spend time” with parent may also have shared responsibility.

There is wide scope of the living arrangements that may be made for the child. If the parents are able to cooperate and live in relatively close proximity, the child may have a “week about” arrangement where they effectively live in both homes. More frequently however, the child will mainly live with one parent and spend time with the other parent on alternate weekends. Drafting such orders requires consideration of school holidays and festival days such as Christmas and Easter taking into account fairness to both parties. Detailed orders set out the rules for the parties and reduce conflict over extended periods.

See “Live with” and “spend time with” orders.