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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2726
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My Daughter and partner, they were not married, have separated

Resolved Question:

Hi my Daughter and partner, they were not married, have separated and my daughter has main custody for our grandson, but the father does have parental rights as he is named on the birth certificate.
My daughter is unemployed and has been put into a position, e.g. her rent was increased over what she could afford, that she is moving away from the area, just under 10 miles away. Our grandsons father is obviously complaining about this because my daughter can not drive and so he will be expected to have to travel to pick up his son during any agreed visits and over night stays. He say that legally they should meet at a midway point during these times but as she can not drive then he is willing to do all the driving on the condition that he pays less maintenance, e.g. a reduction of £20 per week, and every other week he has his son to stay over for 4 nights and not the usual 3 nights per week?
Can you tell me if it is right that they should meet at a midway point, should my daughter accept a reduction in his maintenance payments to cover his petrol expenses and could there be any problems with letting the father have him for 4 nights per week rather than the 3 night?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Are they in England or Wales?-Are there any court orders in place?-Is there a child maintenance calculation in place?
Customer: replied 1 year ago.
Hi in response to your questions please see below;
- They both live in Wales.
- There is no court order in place just verbal agreements although they did meet with a mediator a couple of times.
- Yes my daughter went through a website/agency, can not remember the name, and the father has been told he has to pay £54 per week in child maintenance. However there have been several occasions where he has been late in his payments that has cause my daughter financial problems, e.g. overdrawn and non payment of some bills?
Customer: replied 1 year ago.
Sorry but I will be off line from 14:00 and so please email your response/answer to me direct at;***@******.***
Many thanks
Expert:  Harris replied 1 year ago.
Thanks for confirming.It sounds like the Child Maintenance Service who deal with maintenance payments - if he does not pay then she needs to contact them so that they can discuss enforcement procedure with her. There is no legal obligation to meet half-way for handover and if she has no means to meet half-way (either transportation or finances) then she can reasonably refuse this. Furthermore, if he wishes to reduce child maintenance this can only be done in relation to his travel costs, and must be at least £10 each week that he spends. For your information in order for him to qualify for £10 a week reduction he will have to travel approximately 75 miles round trip as it is calculated at 15p per mile.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
Hi sorry but can you also answer the question regarding he wants to increase having his son for 4 not 3 nights per week every other week. Are there any potential concerns if this was agreed
Expert:  Harris replied 1 year ago.
Apologies - if he increases the amount of nights then this could potentially impact the child maintenance amount that he is liable for.
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