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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33038
Experience:  Award winning lawyer with over 15 years experience
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If decision making is enshrined in parental responsibility

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If decision making is enshrined in parental responsibility and not custody, then what is the advantage of formalising custody, other than to simply have the right to have that child live with you? My daughter lives solely with me as he father has always been unwilling to have her overnight (and I don't think he ever will) and has done for the last four years since we separated (later divorced). My main aim would be to live where it worked for my life as I am the one taking responsibility so if I had further freedom by formalising the custody arrangements then perhaps it would be worth doing that. But I don't know whether that is related to parental responsibility solely. Thank you

If you want to move out of the country and your ex who also has PR will not agree then you would need to apply for a specific issue order to move out for any period in excess of 1 month. Otherwise it can be considered as child abduction. As such if you can not get agreement then you would need to formally apply to the court for such an order.

Customer: replied 1 month ago.
Thanks. What would mind answering the first question as well, i.e.,what is the advantage of formalising custody, other than to simply have the right to have that child live with you? Ie, does it ring-fence any rights? Would it aid, for e.g., the kind of specific issue order you mention, or any thing else?

To be perfectly honest it does not give any real greater powers or rights over the child. Really as you state to confirm that the child lives with you. One of the advantages/disadvantages of making an application for a child arrangement order ("live" with) is that it can cement in a court order what time the other parent spends with the child. Depending on circumstances this can be both helpful/unhelpful. A 'live' with order does not allow you to take the child out of the jurisdiction for periods in excess of 28 days. You would still need consent or a SPO. Please rate for me,

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