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JGM
JGM, Solicitor
Category: Law
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Experience:  30 years as a practising solicitor.
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My daughters relationship has broken down and she is trying

Customer Question

My daughters' relationship has broken down and she is trying to move out of her patners home.
No Civil Partnership in place. their child is 1yr old March 2013, is in nusery 2 1/2 days per wk, I as grandmother care for him 1/2a day.
The father is disputing my duaghters application for child support via CSA and he is stating he will go to law re place of residency and has said he will have his parents care for the child in order to avoid CSA payments.
Baby has had no minding and little contact with his parents and is still finding separation from mum at nursery stressfull. His mother is the main carer and works 3 days a week. Can you advice as the theats are distressing my daughter and she needs legal advice. At no time has she stated that the father should not have access to his child either weekly or alternate week ends and understands this may need to go to Mediation
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

From your description her ex cannot achieve what he would like to even of he was able to do what he has threatened, which he won't.

CSA payments are based on a percentage of net earnings less a discount depending on the number of nights that the child stays over with the absent parent. It is not determined by the number of days a grandparent babysits the child.

Further, if the father is seeking a residence order on the basis that it will save him maintenance payments, he will be laughed out of court. Under no circumstances would a court grant him residence on such grounds. He is winding up your daughter and she needs to take her own legal advice.

The legal test is what is in the best interests of the child not how much money the father can keep for himself.

Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10103
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you
As this relationship is fairly young < 3 years, and not of a formal nature, would my daughter have any financial claim, not that she would use it but it might be a lever as she feels threatened by the emotional pressure exerted


re child residency and CSA support?


Concerned grandmother


 

Expert:  JGM replied 3 years ago.
If she has suffered financial disadvantage and he has gained a corresponding advantage because of a contribution made by her in the interests of the relationship or a child of the relationship she might. I don't have enough information to assess the position.

An example could be if she gave up a career to have their child.

Any claim would be made under section 28 of the Family Law (Scotland) Act 2006 which you can view online. It would have to made within six months of separation.
Customer: replied 3 years ago.

Thank you


Is Scottish Family Law applied in the UK Courts?


Concerned mother

Expert:  JGM replied 3 years ago.
Sorry, I realise now you are in England. My earlier answers about contact/residence and the CSA apply equally to Scptland and England.

Section 28 does not apply to England however. In England each party keeps what he or she brought into a relationship and it is unlikely that your daughter would have a financial claim. The law in Scotland is in fact fairer in this type of situation as was acknowledged by one of the English Supreme Court judges in the recent case of Gow v Grant.

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