Lives with order?

[Ash]

A lives with order just gives the right to go abroad for up to a month. However, a parent with a lives with order is also the “parent with care” and so authorities take more notice of them. If it’s lives with both parents, you are both the parent with care and therefore equal (even if it’s less than 50/50 time). Some Mothers will abuse the parent with care status - some won’t. If they do abuse it then you have grounds to apply to vary to lives with both - to curb that power.

If there’s a court order in place, neither parent can withhold the child with safeguarding concerns, unless social services tells them to. If a Dad went to social services with safeguarding concerns, social services would need to be very concerned to tell him to withhold the child and there would need to be clear evidence of immediate risk of harm. Of course they take it more seriously if a Mother does that
But likewise, if there’s a court order in place, it’s already been established there are no welfare issues with either parent and social services are likely to just say it’s a matter for the courts.

The police don’t really get involved in civil matters- especially if there’s a court order.

When you have a court order you can send a copy to the school so they know exactly what the legal situation is and the parent with care can’t override that with the school. And as Magic says - any issues and you show it to the police. Make sure you have it filed somewhere you can easily find it if necessary and keep a copy somewhere else.

 

[Ash]

If a Dad has spends time with and the order is defined (ie states which week holiday he has), the Mother has to let the child spend that week with him. However, yes, if you want to go abroad you need her consent. If she won’t give it you’d have to do a specific issues application and get the holiday ordered. You could try then getting a clause added to the order to say you don’t need the ex’s consent to go abroad on holiday.

But likewise, if she did that a couple of times she is being obstructive and you’d have grounds to apply to vary to lives with both possibly.

It does help to have a lives with both order to start with - even if the time is less than 50/50.

 

[Gazelle34]

Just an additional question on this.

My order states that my son lives with both parents and outlines the times he does.

My assumption was always that this would expire when he reaches 16, but after doing some googling it looks this this is 18 for orders that state where a child lives.

Does anyone know the answer?