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Child arrangements: can you have a joint 'lives with' order when the child spends more time with one parent than the other?

on Monday, 27 January 2025.

In a recent case, the Court has allowed an appeal by the Father and ordered that the parents should have a shared lives with order as opposed to an order for the children to live with mum and spend time with dad.

What were the facts of the case?

In the case of AZ v BX (Child Arrangements Order: Appeal) [2024] EWHC 1528, following a divorce, the father of three children (aged 13, 10 and 7) applied for a child arrangement order from the Court.  At a hearing in November 2023, an order was made for the children to live with their mother and spend time with their father. The arrangements were for the children to spend time with their father on alternate weekends and each child to spend one-to-one time with their father during the week (not overnight). Furthermore, it was ordered that holidays were to be shared equally between the parents.

The father appealed this decision, arguing that there was a lack of clarity for holiday arrangements and that the current lives with/spend time with order should be substituted for a shared lives with order.

Findings on appeal

On appeal, Mr Justice Pool set aside the original order in favour of a shared lives with order. In doing so, it was made clear by the Court that a shared lives with order should not be reserved for cases where time is divided equally between the parents. Here, the practical arrangements did not change and thus the father was seeing the children significantly less than the mother, however the Court ruled it was still appropriate for there to be a shared lives with order in place.

Clarity was also provided for holiday arrangements.  The Court made clear that when an order is made, a level of flexibility is needed but, there must be a defined, clear order which provides sufficient certainty. It is in the best interests of a child to make an order that will assist the parents in avoiding further court applications.

Learning points

What is clear from this appeal is that a shared lives with order may be suitable not only when there is  an equal division of time with each parent but also when there is to be an unequal division of time.

The benefit of a shared lives with order as opposed to a lives with and spends time with order, is that it puts the parents on an equal footing and prevents one parent being able to regard themselves as primarily being in control of contact. This promotes a sense of stability for the children and signals to the children that each parent has the same importance in their lives.

Another benefit is that under a lives with/spend time with order, the 'lives with' parent can take the child on holiday outside of the jurisdiction for up to a month without permission of the court or agreement with the other parent. With a shared lives with order, this is not the case and both parents have the same rights, although, if possible, it is always sensible to get permission from the other parent before travelling.


For more information or advice, please contact our New Enquiries team on 020 7405 1234, or complete the form below.

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