Lives with/contact with

[Zzz1234]

second post with this-was advised here might be a better place
What are the benefits/disadvantages to the parent who has the live with order for children? Same for the parent who has the contact with order? There is already something in place for contact so the resident parent can’t take children away so longer than a two week period due to contact-so why would it be needed. Is there an advantage to having it for resident parent?
Thanks

Resident parent gets more say over everything really. The resident parent makes the general day to day decisions concerning the upbringing of the child and this should be done with limited interference from the other parent. These decisions will be decisions about how the household will function and the child’s daily routine. If the other parent has Parental Responsibility, the major decisions concerning the upbringing of the child should be made together. Such decisions can include, for example, where the child should attend school, what religion the child should be brought up with, the child’s name

I get the parental responsibility, resident parent etc bit, everything is sorted, but now resident parent wants a live with order, so what effect will that have? Does it mean that non resident parent is ‘giving away’ any rights?

Are you in UK? Or Australia?

Is the other parent wanting the child to live with them 50% of the time? Like a shared arrangement?

I think the resident parent wants the live with order so the parent with parental responsibilty doesnt just take the child and refuse to return them.

Uk

I think the resident parent wants the live with order so the parent with parental responsibilty doesnt just take the child and refuse to return them.

but the non need resident can’t do that as the resident parent could take the police involved etc, take the non resident parent back to court, then then non resident parent could lose all contact so they would risk that

The live with order would enable the RP to take the child/ren abroad for up to 28 days without the permission of the NRP. Maybe they feel the NRP might in the future block holidays abroad.

The non resident parent has weekly contact/ half holidays, so the only time the resident parent could do this is three weeks during school holiday when the weekly contact doesn’t stand, so I do not get the point of applying for it for that reason.

If you both parents have PR and no court order then technically either parent can just take the child and not return them .. police wouldn't get involved as they'd say it's a civil matter to be resolved by the parents and going through court to get it resolved can take time - at least initially to even get a court date can be weeks to months .. basically the 2 orders are 'lives with' for resident parent aka residence order and 'spends time with' for non resident parent aka contact order

This link explains the differences if you want it explained:
direct2barrister.co.uk/2019/07/02/1127/

direct2barrister.co.uk/2019/07/02/1127/

but the non need resident can’t do that as the resident parent could take the police involved etc, take the non resident parent back to court, then then non resident parent could lose all contact

I have seen multiple cases where this has happened...the non resident parent has refused to return the child and the police won't get involved in civil matters.

My friend is one victim of this and her nutso ex actually turned her child against her.

Parental alienation is a thing. She could not afford legal representation either and ended up with no child. He now has the daughter full time.

This was a highly abusive and coercive man.

but in this case they have a court order outlining contact (and there is no risk of non resident parent keeping them) when children should be returned extra so I don’t see what good a live withorder is (the only people I see benefitting is the solicitor who get paid another day - it seems to be resident parent solicitor pushing for this)

Nobody can guess...what business is it of yours?

If there is no dispute over where the child lives, usually the court will follow the no order principle and not make an order.

the only time the resident parent could do this is three weeks during school holiday when the weekly contact doesn’t stand, so I do not get the point of applying for it for that reason.

And? Resident parent probably doesn't want the hassle of getting written permission every summer to spend two weeks with child in the Costa del Sol.

Nobody can guess...what business is it of yours?

I’m the resident parent, not worried about ex not returning, he has contact every week, every other weekend, half holidays, but my solicitor is saying I need this, the only person I see be fitting from it would be the solicitors getting paid for another day in court.

@Mama2017 thanks that was helpful

So are you saying you have a CAO but it doesn't state residency? I find it useful for the holiday without permission thing DC being officially registered at my address in terms of school, GP, child benefit etc.

If this is the same solicitor you used to get the original order they have failed you as they should have advised you to ensure this was included in the original order.

A lot of nonsense on here around the language of an order and what powers it conveys...I have a CAO where the lives language is applied to both of us and it makes not a blind bit of difference to the day to day arrangements. Previously we had a SRO.

As for holidays and limits a paragraph can always be applied to the parent who spends time with, that matches that of the other parent.

As for the statement above

Resident parent gets more say over everything really

This is wrong.

Wait for the lawyers who contibute to this board for their inout.