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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I need to know what defines being a primary carer of a

Customer Question

I need to know what defines being a primary carer of a child ?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: NSW
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: the child is looked after by both parents but the father spends more awak time in the fortnight with the child which is approximately 81.5 hours and the mother spends approximately 47.5 awake time with the child. Father has the child 6 nights in the fortnight and mother has the child 8 nights in the fortnight. I need to know who would be considered as the primary carer in this situation ?
Submitted: 3 months ago.
Category: Australia Law
Expert:  Leon replied 3 months ago.

Good Afternoon,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

This is not a legal term and is therefor given its everyday meaning

If you are to get orders the court orders that the child resides with a parent and the other parent spends time with the child.

Each parent has the care and control of the child whist the child is in their care.

If you were to say which parent spends most time with the child that is the parent that has residency.

In relation to parental responsibility i.e. making major decisions about schooling medical treatment etc you both have equal responsibility and noone has more than the other.

In your case you have almost shared residency of the child.

If you look at time the child is with each of you taking into account awake and asleep then the mother has more time by 2 days. But the courts would never decide on who is the primary carer as you are both responsible for the care of the child when the child is with you. You are both primary carers when the child is in your care.

The time then child is with each of you makes no difference about major decisions. You both have to be consulted.

I am not sure why you are asking the question but as I said the term is not a legal term and not used in any orders.