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Who is primary carer?
#1
A court order stated child shall live with etc on xxx days and father on xxx days.
My son resides with me since separation and I claim CB and tax credits.
Currently ex has one night due to a fk up on the order.
Then will gradually increase to 3 to 4 nights a week once she gets a place of her own, currently in a refuge , another fk up by the courts to allow contact when ex is a violent person.
By the way I never agreed to the contact arrangements. Big bird from sesamee street did it as the contact arrangements was never read out in court , another fk up by the courts .anyway .......

Just wondering who is the primary carer????
Nothing is stated on the order. Just states by consent the child shall live with both parents.?

As the ex is making things different with school collection. Where before the order I was taking and collecting my son only so that I continued some level of stability and routine without disruption with school.
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#2
(12-14-2017, 10:44 PM)asd1270 Wrote: A court order stated child shall live with etc on xxx days and father on xxx days.
My son resides with me  since separation and I claim CB and tax credits.
Currently ex has one night due to a fk up on the order.
Then will gradually increase to 3 to 4 nights a week once she gets a place of her own, currently in a refuge , another fk up by the courts to allow contact when ex is a violent person.
By the way I never agreed to the contact arrangements. Big bird from sesamee  street did it as the contact arrangements was never read out in court , another fk up by the courts .anyway .......

Just wondering who is the primary carer????
Nothing is stated on the order. Just states by consent the child shall live with both parents.?

As the ex is making things different with school collection. Where before the order I was taking and collecting my son only so that I continued some level of  stability and  routine without disruption with school.

Have you spoke to the Court about the fact the Contact Arrangements was not read out?
There is nothing in the order to suggest that she will be able to claim the Child Benefit, what means  you should get Tax Credits and the Childs Occupancy will only court at yours on a Housing Benefit Claim.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Yes i have been granted permission to appeal the Order and no waiting on a appeal hearing date that could be in 3-6 month (Joke) as there are real concerns re contact with the mother.

I get Tax credits and child benefit as I have done since my sons birth and being his primary carer.

So even though the micky mouse order state child shall live with mother on xx days and dad on xx days I am his primary carer?

1) the school wont release my son in my care on the days mother has contact with him. Is this right ???I have been taking my son and collecting him since the last order as to keep some stability in his life with routine.

I have showed them that the permission to appeal the order has been granted and in my appeal application it requested that the previous order be put as side and revert back to the one before as it was contact was safe.etc
The school are asking to see an order stating this?


As the order they have been given to keep on file states
mon wed fri contact from school 3-5.30pm etc
Child shall live with mother on etc..

I await patiently while my sons routines and other concerns I protected him from the last few years have all been undone. due to the incompetents of others.
Thanks Mark R for your input .
There should be no over night until mother has secured her own accom, attended a parenting programme, a family assisted order in for 12 month , and attend a dv awareness programme,None if this was in the order,
oh as well as supported contact due to DV and no over sea travel due to past attempts to abscond with my son.
but on the order it stated 1 night which started last month to increase once she has her own place.

Unsure how to proceed as no one seems to give a monkey about the welfare of my son.
I report all non return of my son to police as I am concerned she may do a hope across the pond with my son. There have been 3 incidents since the order and now police have said they may mark it down as being malicious?? cant win ..

any idea how much a court transcript cost? as I need it for the appeal.
The contested hearing and final hearing lasted 15 minutes. its a shame.
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#4
(12-15-2017, 09:08 AM)asd1270 Wrote: Yes i have been granted permission to appeal the Order and no waiting on a appeal hearing date that could be in 3-6 month (Joke) as there are real concerns re contact with the mother.

I get Tax credits and child benefit as I have done since my sons birth and being his primary carer.

So even though the micky mouse order state child shall live with mother on xx days and dad on xx days I am his primary carer?

1)  the school wont release my son in my care on the days mother has contact with him. Is this right ???I have been taking my son and collecting him since the last order as to keep some stability in his life with routine.

I have showed them that the permission to appeal the order has been granted and in my appeal application it requested that the previous order be put as side and revert back to the one before  as it was contact was safe.etc
The school are asking to see an order stating this?


As the order they have been given to keep on file states
mon wed fri  contact from school 3-5.30pm etc
Child shall live with mother on etc..

I await patiently while my sons routines and other concerns I protected him from the last few years have all been undone. due to the incompetents of others.
Thanks Mark R  for your input .
There should be no over night until mother has secured her own accom, attended a parenting programme, a family assisted order in  for 12 month , and attend a dv awareness programme,None if this was in the order,
oh as well as supported contact due to DV and no over sea travel due to past attempts to abscond with my son.
but on the order it stated  1 night which started last month to increase once she has her own place.

Unsure how to proceed as no one seems to give a monkey about the welfare of my son.
I report all non return of my son to police as I am concerned she may do a hope across the pond with my son. There have been 3 incidents since the order and now police have said they may mark it down as being malicious?? cant win ..

any idea how much a court transcript cost? as I need it for the appeal.
The contested hearing and final hearing lasted 15 minutes. its a shame.

1, The school are correct in not leting you collect the child in the times the Court has put the child in the care of your ex, UNLESS SHE HAS INFORMED THEM.
In the same way, the school should not allow your ex to collect the child, on your days.

The status of an appeal does not come into it, they are correct, that order is valid until overturned by Court.

While you both have PR, when a Child Arrangements Order is made, it sets out who has the child at what times, and what happens in that time the other in law can do nothing about, unless the child is a risk and they obtain a PSO.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#5
(12-15-2017, 05:36 PM)MarkR Wrote:
(12-15-2017, 09:08 AM)asd1270 Wrote: Yes i have been granted permission to appeal the Order and no waiting on a appeal hearing date that could be in 3-6 month (Joke) as there are real concerns re contact with the mother.

I get Tax credits and child benefit as I have done since my sons birth and being his primary carer.

So even though the micky mouse order state child shall live with mother on xx days and dad on xx days I am his primary carer?

1)  the school wont release my son in my care on the days mother has contact with him. Is this right ???I have been taking my son and collecting him since the last order as to keep some stability in his life with routine.

I have showed them that the permission to appeal the order has been granted and in my appeal application it requested that the previous order be put as side and revert back to the one before  as it was contact was safe.etc
The school are asking to see an order stating this?


As the order they have been given to keep on file states
mon wed fri  contact from school 3-5.30pm etc
Child shall live with mother on etc..

I await patiently while my sons routines and other concerns I protected him from the last few years have all been undone. due to the incompetents of others.
Thanks Mark R  for your input .
There should be no over night until mother has secured her own accom, attended a parenting programme, a family assisted order in  for 12 month , and attend a dv awareness programme,None if this was in the order,
oh as well as supported contact due to DV and no over sea travel due to past attempts to abscond with my son.
but on the order it stated  1 night which started last month to increase once she has her own place.

Unsure how to proceed as no one seems to give a monkey about the welfare of my son.
I report all non return of my son to police as I am concerned she may do a hope across the pond with my son. There have been 3 incidents since the order and now police have said they may mark it down as being malicious?? cant win ..

any idea how much a court transcript cost? as I need it for the appeal.
The contested hearing and final hearing lasted 15 minutes. its a shame.

1, The school are correct in not leting you collect the child in the times the Court has put the child in the care of your ex, UNLESS SHE HAS INFORMED THEM.
In the same way, the school should not allow your ex to collect the child, on your days.

The status of an appeal does not come into it, they are correct, that order is valid until overturned by Court.

While you both have PR, when a Child Arrangements Order is made, it sets out who has the child at what times, and what happens in that time the other in law can do nothing about, unless the child is a risk and they obtain a PSO.

Thanks MarkR..I will sit tight for the appeal.. feel screwed over by the system..fingers cross all this gets sorted fast.
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#6
I think if the court order says lives with both parents, then there is no main carer. Hope your appeal sorts it soon.
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#7
(12-16-2017, 01:39 AM)Charlie7000 Wrote: I think if the court order says lives with both parents, then there is no main carer.  Hope your appeal sorts it soon.

Who is the main carer has no bearing on who takes the child to school, what was the question asked on this thread.

Both Parents in this case have PR, and was on the same legal standing until the Child Arrangements Order was made.

This changed things, so that in law, they both outrank each other in their time.

The issue her brought up was about taking the child to and from school in her time, and its not his decision to make, while the current court order is valid.
Its the same if the child needed medical treatment. The parent with PR the child is with at the time can give consent treatment to take place.
Primary Carer relates just to Child Benefit, and all that means is they either exceed 50% of the nights, or if 50/50, DWP have decided they have more daytime care than the other parent.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#8
All very stressful having to wait for the appeal when their are past and ongoing concerns that have not been addressed that should have been dealt with at the final contested hearing that didnt take place and brushed under the carpet.
Domestic violence, neglect, etc.

Unsure how to proceed when their is this court order in place which I didnt see or heard at the final hearing. And only received it in the post a week later. Just a total mess and how thing's get twisted
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