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Advice please? Leaving the family home with the DCs

(3 Posts)
backtothedrawingboard Mon 05-Sep-11 14:19:11

I posted the following under Divorce/Separation....

www.mumsnet.com/Talk/divorce_separation/1293445-What-defines-a-primary-carer

but I think I need a legal viewpoint on my last post. Can anyone help?

STIDW Mon 05-Sep-11 14:29:46

I'm not a solicitor but the primary carer is the parent who cares for the children for the majority of the time. Evidence of that are the established patterns of work/childcare such as who takes the children to and from school, nursery, doctors, dentist, shopping and who does the day to day care such as washing and cooking the children's clothes.

It seems in your case both parents have historically cared for the children and in those circumstances shared residence might be appropriate. Shared residence is when a child "lives" with both parents but it can be in different proportions from 50:50.

babybarrister Mon 05-Sep-11 16:48:52

as others on that thread have said - for the 15 year old it is their wishes and feelings that count. courts do not like to split siblings though might if they will live near eachother/attend same school

re 10 year old - wishes and feelings of limited relevance

as to who is primary carer - not only issue but overall welfare of children in the future

have a look at the resolution website for a list of specialist family lawyers

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