Statistically, compared to many other male parents you have a good amount of time with you child. What matters is what you do with the child in the time you have together. Terms like primary carer and residence are tools associated with either parent wanting to exert authority or control over the other. If you look a the legal rights associated with residence then they are very little.
If you look a the legal rights associated with PR they are substantial. In some respects there may be an argument depending on the personalities involved to actually surrender or not refer to terms of residence or primay residence in order to secure more time. The time creates the reality and the basis for the relationship not the technical or legal terms. This allows you to have a say in matters including schooling, religion and medical matters.
If your stbx had sole Legal custoday she would be able to make these decision without consulting you. The courts are normally happy to award joint legal custody as long as there is no apparent reason why not, for example cases of domestic abuse or where one parent is unfit. Physical custody is not such a big deal in most case as although your stbx may have sole physical custody that would not stop you from seeing your son as much as you already do Well done for being a great father. Hi Kitten24 I am sorry- i have to disagree.
My understanding is that its Parental Responsibility that confers the right to be involved in decision making eg education and health not custody or residence. The term custody no longer exists. The courts however can make a residence order in favour of more than one person - often called Share Residency, but like i say the residence order only really gives rights like the ability to take the child out of the country.
Trimtabb- i would urge you very strongly to go to the Families Need Fathers website as there is will explain what these terms mean far better than I can Rich. Hi Trimtabb, Richie-Rich is correct. You do not need to go via the CSA, you are allowed to make a voluntary contribution, if this is written into a court order, this then becomes a Cort Ordered CM, however 1 year and a day after a court order for CM is made the PWC can disregard this amount and contact the CSA.
PR Parental Responsibility is for you to legally make decisions for your child - If she is 2. The best thing you can both do is work together to do the best for your son.
If you can arrange things and agree between you, it is better emotionally and financially for you both and for your son! Good luck WR. Hi TT. His ex immediately withdrew contact and it went to Court. Contact days for each week were specifically identified in court orders. Something which my son found out during all these problems was that UNLESS there was a Court order in place, the parent with care in his case his ex could withdraw contact at any time she wanted.
In fact she had done exactly that on more than one occasion. The children aged 10 and 6 were upset that they were unable to see their dad. The advantage to my son is that with shared residence his ex cannot collect the children from school on his days unless by prior agreement and vice-versa.
If his ex wants to change contact dates, she has to ask and cannot assume that she has the right. It has worked very well. The children feel secure and are pleased that they have two homes and to be honest, my son has a lot more contact with the children than is specified on Court orders.
This is usually because his ex wants to swop the days around and usually tends to give him extra time with the boys if he co-operates which he always does. I agree with Rich, the really important thing is the amount of time you have with the children and what you do with it. Parental Responsibility gives all those with PR for a child equal responsibility and rights to carry out the responsibilities.
In the UK the terms "custody" and "access" were replaced with "residence" and "contact" a number of years ago. Residence or shared residence determines where a child lives. A primary carer is a person who cares for a child more than anyone else. Even when there is a shared residence order in force courts will sometimes still refer to the parent with the majority of care as the primary carer. Calculate a Fair Settlement.
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Can't find what you're looking for? The Court will always try to ensure that both parties have an equal drop in their standard of living and the aim is to try and ensure both parties can start fresh. A separation or divorce is often a very hard time. It involves a lot of compromise on both sides and often neither party is completely happy with the outcome.
Just because the children do not live with you, it does not mean that you cannot see them. As for the house, there are ways to ensure your interest in the property is protected. For example, you could get a Court Order stating that your ex-partner and your children can remain in the property until a certain date. This might be until your children have finished full-time education.
After this, the property must be sold and the proceeds divided. Or, it might be possible to release your equity and remove your name from the mortgage. It really depends on the needs of children, and the financial position of both you and your ex-partner. The law is purposely very flexible and both parties have to provide full and frank financial information to each other and the Court. This allows the parties to consider every option with all of the information available.
Following the breakdown of a marriage, deciding what happens to your children and your home is no easy task. We understand this, and we want to help you. Our Divorce Solicitors can advise what your rights and responsibilities are, both as a parent and as a homeowner. We can then help you reach a mutually agreeable decision, whether through negotiating with your ex-partner or by guiding you through mediation and drafting your Consent Order.
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