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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33501
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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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: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 1 year 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 1 year ago.
Hi
What allegations is he actually making?
Clare
Customer: replied 1 year ago.

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

Expert:  Clare replied 1 year ago.
Hi
Have Social Services been involved?
Clare
Customer: replied 1 year ago.

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

Customer: replied 1 year ago.

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

Expert:  Clare replied 1 year ago.
Hi
Just to check - doe she pay child maintenance - is this about money?
Clare
Customer: replied 1 year 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 1 year 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 1 year 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 1 year 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, Family Solicitor
Category: Family Law
Satisfied Customers: 33501
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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