Lives With, Spends Time With and Indirect Contact: Types of Child Arrangements Order

One Order, Three Provisions

A child arrangements order under Section 8 of the Children Act 1989 is not a single, uniform thing. It can contain any combination of three types of provision, and the distinction between them has real legal consequences — particularly around parental responsibility.

"Lives with": The child lives primarily with this person. If the named person is not the child's parent, they automatically gain parental responsibility for the duration of the order (Section 12(2) of the Children Act 1989). This is the provision grandparents and relatives usually seek when they are the child's primary carer.

"Spends time with": The child spends defined periods — weekends, school holidays, midweek overnights — with this person. This does not grant parental responsibility to a non-parent. It is the provision typically sought by a grandparent who wants regular contact rather than primary care, or by a parent who does not have the child living with them.

"Indirect contact": The child has contact with this person by means other than face-to-face meetings — letters, phone calls, video calls, cards, gifts. The court orders indirect contact when direct time together is not in the child's best interests, either temporarily (as a stepping stone to direct contact) or long-term (where safeguarding concerns make face-to-face contact inappropriate).

When the Court Orders Each Type

The court decides based on the child's welfare, assessed against the statutory welfare checklist in Section 1(3) of the Children Act 1989. There is no presumption that any particular type of provision should be ordered — the court looks at the child's individual circumstances.

Lives with a relative is ordered when the child's primary home needs to be with that relative. Common situations: the parents cannot provide safe care (addiction, imprisonment, serious illness, death), the child has been living with the relative for an extended period, or the local authority has placed the child informally with the relative and a legal framework is needed.

Spends time with is ordered to maintain the child's relationship with a person they do not live with. For relatives, this might mean a grandparent having the child every other weekend, or an aunt having the child for part of the school holidays. The court specifies the frequency and duration, or leaves it flexible with wording like "such time as the parties agree."

Indirect contact is ordered when direct contact poses risks or is not yet appropriate. Examples:

• A parent has recently come out of prison and the court wants a gradual reintroduction
• There are unresolved safeguarding concerns that make supervised contact impractical
• A parent is living abroad and face-to-face contact is not feasible at this stage
• The child has expressed strong resistance to seeing a particular person, and the court directs letter or phone contact as a first step

The Parental Responsibility Difference

This is the critical legal distinction for kinship carers:

• A "lives with" order for a non-parent grants parental responsibility — you can enrol the child in school, register them with a GP, claim Child Benefit, and make day-to-day decisions
• A "spends time with" or "indirect contact" order for a non-parent does not grant parental responsibility — you have no legal authority over the child's education, healthcare, or benefits

If you are a grandparent or relative who needs the authority to manage the child's daily life, you need a "lives with" provision. A "spends time with" order is enough if you want to maintain your relationship but the child's other arrangements are settled.

Combined Orders

A single child arrangements order can name multiple people in different capacities. For example:

• The child "lives with" the grandmother
• The child "spends time with" the mother every other weekend
• The child has "indirect contact" with the father by letter once a month

Each provision is tailored to the child's needs and the individual circumstances of each relationship. The court can also attach conditions to any provision — for instance, requiring that a parent's contact be supervised, or that handovers happen at a neutral location.

Progressing from Indirect to Direct Contact

Indirect contact is sometimes a stepping stone. A parent or relative who has been out of the child's life — due to imprisonment, illness, estrangement, or safeguarding concerns — may start with letters and phone calls, then progress to supervised visits, and eventually move to unsupervised "spends time with" arrangements.

The progression is not automatic. Each step requires either agreement between the parties or a further application to the court to vary the order. Cafcass may be asked to assess whether the child is ready for increased contact, and the court applies the welfare checklist at each stage.

Applying for the Right Provision

When you file Form C100, you specify what arrangements you are asking for. Be clear about whether you want a "lives with" provision (with its parental responsibility), "spends time with" contact, or a combination. The court is not bound by your request — it can order whatever arrangement best serves the child — but a clear application helps the judge understand your case.

The Child Arrangements Order Process Guide walks through the entire application process, from permission assessment through to hearings, with specific guidance on making the case for a "lives with" order as a grandparent or relative.

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