How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34107
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I have a court ruling that I am primary carer to my daughters.

Resolved Question:

I have a court ruling that I am primary carer to my daughters. Over the years, the father and I have gradually moved into a shared arrangement where the girls spend a week with me then a week with their father.This is just an arrangement between ourselves without legal intervention.
By agreeing to this present arrangement, have I undermined my legal standing?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Are the children happy with this arrangement?
What is your ex trying to achieve?
Clare
Customer: replied 2 years ago.

Hello Clare,

The children are happy with this arrangement.

I think the father is trying to get some kind of overturn of the past result in court that places me as the primary carer - I guess he wants that 'title' or...for us both to have an equal position as primary carers?? or he is completely mad and wants to gain full custody of the children.

Expert:  Clare replied 2 years ago.
Hi
What allegations is he actually making?
Clare
Customer: replied 2 years ago.

That my partner and I are behaving in sexual manner around the children!

Expert:  Clare replied 2 years ago.
Hi
Have Social Services been involved?
Clare
Customer: replied 2 years ago.

No, not at all. It's complete rubbish that he is putting in emails to me.

Customer: replied 2 years ago.

No, not at all. This is something he put in an email to me.

Expert:  Clare replied 2 years ago.
Hi
Just to check - doe she pay child maintenance - is this about money?
Clare
Customer: replied 2 years ago.

No, not money. He doesn't pay any maintenance. To be frank, I think it's complicated as he is a very difficult person but really I think this simply about power and legal standing.

Expert:  Clare replied 2 years ago.
Hi
You both have Parental Responsibility for the children and despite the court order neither of you has more standing than the other - so no you have not placed anything at risk
If the children are in fact happy with the arrangements then there is no basis on which the court would upset this - unless of course there was a real risk to the children with you which clearly there is not.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you clare,

So to be clear - The fact that we now have an unofficial arrangement for shared care , my roll as the legal primary carer still stands and is not compromised by the current arrangement made between us?

Expert:  Clare replied 2 years ago.
Hi
If you have a Residence Order then it still stands.
However there is in fact no longer any extra legal standing in the term "primary carer"
Clare
Clare and other Family Law Specialists are ready to help you

Related Family Law Questions