Disputes about where a child lives, dealt with under the framework of Child Arrangements Orders, are among the most sensitive matters considered by the family courts in England and Wales. Although many people still refer to these as “custody” disputes, the legal language is different, and the distinction between the types of orders available can be important.
One issue that often arises is the difference between a single lives with order and a joint lives with order. While the wording may seem technical, the practical and emotional significance can be considerable for both parents and, most importantly, for the child.
What Is a Single Lives With Order?
A single lives with order provides that a child lives with one parent. The other parent will usually have separate arrangements for spending time with the child.
That does not mean the other parent is unimportant, it does not impact upon parental responsibility, nor does it prevent them from having a meaningful and substantial role in the child’s life. However, in practice, a single lives with order can sometimes create the impression that one parent has a more primary role, both legally and emotionally. Practically, it allows the parent that has it to take the child out of the jurisdiction without the consent of the other for a month.
What Is a Joint Lives With Order?
A joint lives with order records that the child lives with both parents. This does not mean that the child’s time must be split equally between them.
A joint lives with order can still be made where the child spends more time with one parent than the other. What it reflects is the court’s recognition that both parents play a sufficiently significant role in the child’s day-to-day life for it to be appropriate to describe the child as living with each of them.
Why the Distinction Matters
The difference between the two types of order is not simply one of wording. The terms of an order can influence how each parent sees their role, how others view the family dynamic, and how future parenting arrangements develop.
In some cases, a joint lives with order can help reduce the sense of one parent being placed in a secondary position. It can also support a more balanced co-parenting arrangement going forward by formally recognising the importance of both parents in the child’s life.
How the Court Approaches the Issue
As with all children cases, the court’s paramount consideration is the child’s welfare. The court does not decide these issues by applying labels for their own sake. Instead, it considers the reality of the child’s life, including the child’s age, needs, daily routine, the practicality of the arrangements, and the ability of each parent to meet those needs.
The court will also consider the overall benefit to the child of having a secure and meaningful relationship with both parents. In some cases, a single lives with order will plainly be the most appropriate outcome. In others, a joint lives with order will better reflect the child’s circumstances and best interests.
Joint Lives With Orders Are Not Limited to Equal Care Cases
There is sometimes an assumption that a joint lives with order is only suitable where care is shared equally, or only where the child is older. That is not correct.
A joint lives with order may be appropriate even where one parent has the child for a greater proportion of the time. Equally, the fact that a child is very young does not automatically prevent the court from making such an order. The court’s focus will always remain on the welfare of the particular child and the reality of that child’s relationship with each parent.
A Recent Case Involving a Three-Year-Old Child
In a recent matter, we successfully secured a joint lives with order in respect of a three-year-old child, despite opposition.
The case required careful presentation of the child’s circumstances and the reality of the parenting arrangements. It was argued on the other side that the child’s age and alleged lack of previous engagement in care by the father made a joint lives with order unsuitable. However, the evidence showed that both parents had an established and important role in the child’s life, and that it was in the child’s interests for that to be properly recognised in the order made by the court.
Why That Outcome Was Significant
The outcome was significant because it demonstrated that the court is willing, where appropriate, to make a joint lives with order even for a very young child, and even where one party resists that outcome.
The court’s focus remained not on labels or parental preference, but on what arrangement most accurately reflected the child’s life and best promoted their welfare. That is often the key issue in these cases.
The Key Takeaway for Parents
For parents involved in child arrangements disputes, the key point is that the difference between a single and joint lives with order is not merely technical. It can shape the tone of the case, the future co-parenting dynamic, and the recognition given to each parent’s role in the child’s upbringing.
Where it is safe and appropriate, a joint lives with order can be a valuable way of reflecting the importance of both parents in a child’s life, even if the child spends more time with one parent than the other.
Final Thoughts
If you are dealing with a dispute about where your child should live, early legal advice can help you understand what type of order may best fit your circumstances and how to present your case in a way that remains focused on the child’s welfare.
IMD Solicitors advises parents across England and Wales on child arrangements disputes, including cases involving applications for both single and joint lives with orders, with a focus on practical, child-centred outcomes.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
