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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 6355
Experience:  LLB (Hons)
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Can mother call her the main carer without having a court

Customer Question

Hi,can mother call her the main carer without having a court order for a full custody over the child? Father is on child's birth certificate
Submitted: 4 days ago.
Category: Law
Expert:  SASH_Law replied 4 days ago.

Hello, how are you today? 

My name is Lea. It would be nice if you could let me know your name, so that I know who I am talking to. I am going to see if I can assist with your query. I may need to ask you additional questions and it is important for you to answer all the questions clearly, so that I have the information I need to give you an accurate response for your specific legal situation. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.

The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.

Please confirm that you have read and understood this message and then we can begin.

Customer: replied 4 days ago.
Hi again
Expert:  SASH_Law replied 4 days ago.

Good afternoon,

Is the mother the person who looks after the child on a day to day basis?

How often does the father see the child?

How old is the child?

Customer: replied 4 days ago.
5 yeras and yes child stays with the mother
Customer: replied 4 days ago.
Never was given custody though
Expert:  SASH_Law replied 4 days ago.

There is no such thing as 'custody' in English law.

Who the main carer is, is a matter of fact.  In the circumstances you describe, the facts are that the child lives with the mother.  That makes her categorically the 'main carer'.

The term has no status in law - both parents (if father is named on the birth certificate) have the same parental responsibility.

Customer: replied 4 days ago.
Making the notary document is she allowed to put main carer?
Expert:  SASH_Law replied 4 days ago.

Yes, why not, it's factual.

Expert:  SASH_Law replied 4 days ago.

Can I clarify anything further about your question on what a 'main carer' is?

Expert:  SASH_Law replied 4 days ago.

If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading of a new thread. Alternatively, once you have rated this question, you will get the option to add me as a favourite expert from your membership page. Then, when you wish to ask me another query, you can then simply type “@“ followed by my name in your next chat, e.g. @SASH_Law.

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