Fundamentally, the person who spends the most amount of time with a child on a daily basis is considered to be its primary carer. This could be a parent or someone else the child lives with. Sometimes, the primary carer is given custody of the child under a child arrangements order; in others, the situation has arisen through an agreement with all those holding parental responsibility. But can this be changed? And if so, how do you go about it? This article provides the answers.
Fundamentally, the person who spends the most amount of time with a child on a daily basis is considered to be its primary carer. This could be a parent or someone else the child lives with. Sometimes, the primary carer is given custody of the child under a child arrangements order; in others, the situation has arisen through an agreement with all those holding parental responsibility. But can this be changed? And if so, how do you go about it? This article provides the answers.
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Who can be a child’s primary carer?
A child’s primary carer is typically the person who has the main responsibility for the day-to-day care of the child. Typically, the primary carer can be:
- Most commonly, one of the child’s biological parents assumes the role of the primary carer, particularly after separation or divorce. The parent who spends more time with the child and manages daily tasks like school runs, meals, and medical appointments is often considered the primary carer.
- Adoptive parents, once the legal adoption process is complete, have the same rights and responsibilities as biological parents and can serve as the primary carers.
- In some situations, another adult may be appointed as the child’s legal guardian, usually through court proceedings, if the biological parents are unable or unfit to care for the child. A legal guardian can then become the primary carer.
- If both parents cannot care for the child because of illness, death, or other circumstances, grandparents or close relatives may step in to become the primary carer, sometimes through formal arrangements like a Special Guardianship Order.
- In cases where children are taken into the care of social services, foster carers may become the child’s primary carer, providing temporary or long-term care.
Can a primary carer be changed?
The primary carer of a child can be changed if it is deemed in the best interests of the child. The family courts prioritise the child’s welfare when making decisions about parental responsibilities and living arrangements. If there is a disagreement and one parent wishes to change the primary carer, they must apply to the court for a child arrangements order.
The court will consider various factors, including the child’s emotional needs, stability, and any risk of harm. The views of the child may also be considered, depending on their age and maturity. If there is evidence that the current living situation is detrimental or a better arrangement exists, the court may decide to change the primary carer. However, changes are not made lightly, as maintaining continuity and stability for the child is a key principle in family law proceedings.
If both parents agree, the primary carer can be changed with no need to go to court. Parents can come to a mutual agreement on changes in the child’s living arrangements, which can then be formalised through a written parenting agreement.
A parenting agreement outlines the agreed terms, including who will be the primary carer. This ensures clarity and protects both parties, as well as securing the child’s best interests.
What circumstances may lead to a primary carer being changed?
Several circumstances can lead to a change in a child’s primary carer. One key factor is the child’s welfare. If the primary carer can no longer provide a safe or stable environment, because of issues surrounding neglect, abuse, or substance misuse, a court may decide to transfer primary care of a child to the other parent or a suitable guardian.
A change in the primary carer may also occur if the carer experiences significant life changes, such as illness, mental health problems, or financial difficulties that impact their ability to care for the child. Relocation is another common reason. If the primary carer plans to move far away, the non-resident parent may seek a change to maintain stability with schooling and their involvement with the child.
Additionally, as children grow older, their preferences may be taken into account, particularly if they express a desire to live with the other parent. In some cases, a parent’s failure to comply with court-ordered contact arrangements can also result in a shift in primary care, although this is rare.
Ultimately, the court’s focus is on the child’s welfare when deciding on changes to primary care, as outlined in the Children Act 1989.
If a child’s time is shared equally with the other parent, who is the primary carer?
When a child’s time is shared equally between both parents, there is no single primary carer in the traditional sense, as both parents have an equal role in the child’s day-to-day life. In such cases, this arrangement is considered to be “shared care” where both parents have an equal responsibility for the child’s upbringing and welfare.
Although there may not be a designated primary carer, practical considerations still arise, such as which parent is the primary point of contact for the child’s school or healthcare providers, or who claims certain benefits like child benefit. In shared care arrangements, parents may agree on these responsibilities between themselves or with court guidance.
The court’s main concern is the child’s welfare and best interests, not on labels such as “primary carer,” especially in shared care arrangements. The goal is to ensure the child maintains a strong relationship with both parents and has stability, regardless of how time is divided.
How do you resolve the issue of who receives Child Benefit or Universal Credit?
In shared care arrangements, resolving who receives child-related benefits like Child Benefit and Universal Credit can be managed through mutual agreement between the parents or, if necessary, a formal decision by the court.
Child Benefit:
- Only one parent can receive Child Benefit for each child, even in shared care arrangements. Typically, the parent with whom the child spends the most time or has the primary responsibility for daily care will claim the benefit. If time is split equally, the parents can agree between themselves who will claim it. But if they cannot agree, the court will need to decide which parent is more financially responsible for the child’s needs taking all the circumstances of the case into account.
- In some cases, parents agree to alternate who claims the benefit, switching periodically (e.g., every year), but this requires mutual cooperation. Although this can also be an administrative nightmare, and could lead to delays in receiving the benefit. Some parents agree to share the benefit between them, either opening a joint bank account for such payments and child expenses, or paid from one parent to the other.
Universal Credit:
- Only one parent can include the child in their Universal Credit claim. If time is equally split, parents must agree on who will claim. If they can’t agree, the Department for Work and Pensions (DWP) will decide, often based on who receives the Child Benefit.
If parents can’t agree on who should claim these benefits, they can use mediation to resolve the issue. In rare cases, the matter may need to be resolved by the court, although courts prefer parents to settle these issues privately or through mediation.
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