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definition of primary carer? also research / documents showing wellbeing of PWC connected to wellbeing of kids(8 Posts)
Long story short, I have two kids and work 3 days each week. My ex has a contact order for 4/14 days, during which he gets relatives to watch the kids so he can work from home.
He's claiming he is the primary caregiver because he used to financially contribute to allow me to work less hours (he works more than full time). Can anyone point me to a definition of what a primary caregiver is? I know common sense says he's talking hogwash, but he's very good at making it look more compelling than it is.
Also, I have had my GP & others tell me that if 'mom' is happy, the kids are happy. Can anyone point me to research or legal points that show this?
He's applied for residence (not shared).
sparkles LadyMuckbeth has been asking something similar with regards to happy mum, happy kids .. its on page 3 of this thread www.mumsnet.com/Talk/legal_matters/1692401-Fathers-rights-gone-too-far-CAFCASS
The primary caregiver is the person who does the most care basically. Him working so you can look after the kids more (that is what he's saying) makes YOU the primary carer. What a tit!
Whoever has the kids most nights is usually the primary carer for CSA purposes. This links in with child benefit too.
see primary carer is for csa purposes, benefits. it is not defined in childrens axct as far as i can see??? -issues of residence who child lives with and granting of shared or sole residence may or may not be directly linked with primary carer???
"primary carer" has definition in immigration act - but none in family issues questions of residency as far as i can see - happy to be corrected
www.ein.org.uk/blog/how-zambrano-has-been-incorporated-eea-regulations Regulation 15A(7) defines a 'primary carer' as 'a direct relative or a legal guardian' of the British Citizen, where the carer 'has primary responsibility' for the British Citizen's care or 'shares equally the responsibility' for the British Citizen's care with another person
working or not working - this is not relevant - I work full time and leave DC in care of childcarers but have sole residency for reasons of ex's v severe MH issues/aggression etc.
if there are no issues of DV/severe MH meaning incapable of caring etc then issue of primary carer is relevant for CSA/benefits but not for residence - is my understanding. residence/joint residence - if no welfare issues for child then should be joint residence both equal status though this doesnt have to mean equal fifty fifty time at both houses.
unless the op's ex has specific reasons to believe or put forward that op is unable to care adequately for dc (or equally op has evidence for ex) then there should be no reason why joint residency is not an option - regardless of who is the "primary carer" for csa/benefits/tax credits.
i think wellbeing/happiness -well unless you defining it in clinical terms it is irrelevant - my ex's very severe depressive issues couplled with anxiety and agressive outbursts mean his wellbeing is critical if he is to have contact/residency/shared residency.. equally if a parent is depressed and not seeking help or has severe depressive episodes that can be detrimental to the child's wellbeing and long term outlook and there is research on that cited in anne sheffield's books on depression fallout ... - or search google for papers affects of depressed parent on child. there is plenty of research on that... it can be mitigated, with respite etc for the child carer.
if you not talking clinical depression but general "happiness" that is unlikely to be defined or researched... in the reports on separation cited somewhere previously the outcome for children is better where there is less parental conflict - therefore you can interpret that as also related to "happiness" in a general sense? but remove the conflict and happiness prevails.. ?
you need to define "wellbeing" but there is reference to maternal mental health here in the report -
https://www.education.gov.uk/publications/eOrderingDownload/DCSF-RR113.pdf section 3.3.
"Family breakdown often precipitates a period of acute
stress, and the quality of parenting is likely to be disrupted during this period, resulting in
lower levels of affectionate behaviour, poorer communication and more erratic discipline
(Hetherington et al 1982 cited in Rodgers and Pryor, 1998; and Mackay, 2005). Some
evidence suggests that family breakdown has a more negative effect on womens mental
health than mens (Block et al, 1988 cited in Mackay 2005), but that where maternal mental
health remains relatively robust children are more protected from the effects of family
breakdown (Kalter et al, 1989 cited in Mackay, 2005). The evidence suggests that the mental
health status of the mother is more predictive of child outcomes than family structure (Smith,
Thank you so much for the links, especially the family breakdown report! Fantastic document. Sorry I've not been back earlier, I've been diagnosed with Breast Cancer.
Just checking, that shouldn't have an impact on residence, should it?
I wouldn't have thought so but ring Macmillan for advice as they are all over the legal issues around cancer.
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