Resident parent

[HaveAQuestion]

Hi, please can someone clarify what/who constitutes resident parent? DD wakes up with me on a Monday, Tuesday and Friday morning and at her dad's Wednesday and Thursday mornings. Weekends and holidays split fairly evenly.

TIA

Why do you need to know? That can affect the answer. For example, if this relates to an application for a school place it is decided by the rules set by the admission authority for the school. But based on what you have said it sounds like you have the majority of care which would make you the resident parent for most purposes.

Yes, still the school situation rumbling on. Thank you, I have clarified with the LA too and thy have confirmed it's me but ex completely refuses to see/admit this.

A resident parent is someone who has a residence order. Residence doesn't mean much if it doesn't involve taking the child outside the country however.

In short, without a residence order there is NO resident parent. There may be a `primary carer' (a term that IS used in law) related to who cares for the child for the majority of the time.

Agencies will often distinguish between two parents where there is no residence order based on who receives Child Benefit.

You will be required to consult your ex on educational, medical, etc. matters providing he has PR. In a lot of ways it is far more significant in law than a residence order. The admission policy of a public body does not override the statutory rights conferred by the 1989 Children Act however. The residental status and gender of a holder of PR is wholly irrelevant and to arbitrarily treat parents differently on this basis is discrimination and prejudiced.

When I was last advised this was the case it concluded with a written apology from the head of a PCT and education of all their staff about the implications of Parental Responsibility.

Presumably the issue is with the child's address for application purposes,not the requirement to consult which is legally there. The address is clearly the mothers which itself will probably determine the school.