Hi, thank you for your question. Please confirm if there are any court orders in place regarding the arrangements, and what exactly the arrangements are?
Thank you for your question
My name is ***** ***** I have been a solicitor for more than 30 years
What steps has your ex taken regarding the fact that he no longer sees your son
How many nights has he spent there in the last six months?
Thanks for confirming and I apologise for my colleagues interjection above.
As there is a current court order in place, there remains a risk that the father can apply to court to enforce the order and it would be wise to consider having it varied in light of the change of circumstances. You can attempt to agree this with the father either directly or through mediation (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the child's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court to vary the child arrangement order and the court can make a decision regarding the matter.
In relation to child-care costs, the father does not have to contribute towards these specifically. However, as your son is spending the majority of his time with you, you would be entitled to apply for child maintenance. This is calculated based on the father's gross income and how often, on average, he stays overnight with him. If you can provide me details of the father's gross income I can confirm his legal liability.
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You can see the guidance here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/336698/child-living-arrangements.pdf
There can sometimes be argument that for a shared-care arrangement there should be no child maintenance liability however, you (or the other parent) must demonstrate that the arrangement is fully equal and both parents deal with day to day issues for the child.
Just to add to the above.
The CMS/CSA works on what is actually happening - so you will only need to amend the order if your ex tries to claim that the child IS staying with him.
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