Much appreciated.
The new guidance for Zambrano is now available
http://www.whatdotheyknow.com/request/i ... ing-353052 (request made by Prince74 thank you very much for the link)
'In cases where the British citizen is a child under the age of 18, primary or shared responsibility will generally be established where that child is living with the primary carer(s) and the majority of their care is being provided for by that primary carer(s). Evidence to demonstrate this responsibility can include custody/guardianship orders, or if this is not available, any additional evidence which shows:
that the child lives with the primary carer(s) or spends the majority of their time there;
that the primary carer(s) makes the day to day decisions for that child, for example decisions relating to their education or health; and
that the primary carer(s) has financial responsibility for that child.
How this is evidenced will vary depending on the facts of the case, but the primary carer(s) may submit letters from the child‟s school, GP or from a solicitor to demonstrate primary/shared responsibility'
European Operational Policy Notice EOPN 21/2012
In my opinion this is not an easy task lots of evidence is needed to prove that both parents share equally the child's reponsabilities and that they are both involved in his upbringing and make day to day decisions for the child (key words). In addition to proving that they live together the followings might be beneficial:
Letter fom school satating that both parents were seen bringing their child to school and picking him/her up, attending parents meetings, helping with school home work and being involved in the child's education.
letter from the GP stating that both parents were attending the surgery with their child.
Wintness statements from friends, neighbours and relatives witnessing both parents taking care of the child's physical needs, taking him/her out, involved in the child's daily life, showing care and love
Letter from after school club such as reading club or home work club
Family Photographs on outings, school trips or activities, at home (bathing the children, cutting their hair, feeding them, playing with them....)