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ivorylounge, Advocate
Category: Scots Law
Satisfied Customers: 33037
Experience:  Over 25 years experience
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Mum has looked after children since separation 4 years ago

Customer Question

Mum has looked after children since separation 4 years ago with dad having contact 2 days per week. until parents fell out and dad stopped all money.
During the marriage dad worked away form home and Mum brought up the girls on her own since birth with dad appearing at weekends. So Mum really brought the girls up on her own all their lives.
Dad now wants to have them 50% of time, will he get this ?
Submitted: 2 years ago.
Category: Scots Law
Expert:  ivorylounge replied 2 years ago.
how old are the children?
Customer: replied 2 years ago.
5 and 7
Customer: replied 2 years ago.
almost 6 and 8 in october and november. Dad left when youngest was baby so no real connection with dad, but the oldest one has. But the 2 girls are inseparable
Expert:  ivorylounge replied 2 years ago.
I think from what you have written it is unlikely that a court would offer 50-50 share for the children. Whilst the court like share care arrangements this does not mean that they are automatically 50-50 on time spent in any event. The status quo would suggest that the children should continue to stay with the mother, particularly as they are now going to school. Happy to discuss. Please rate positively - thanks
Customer: replied 2 years ago.
They had a routine Dad had 2 days every 2nd weekend and 1 day every week. 8 days per month. Dad has a partner, he is a highly paid banker, so plenty of money . Mum has good job but stayed part time as no school friday pm so she can cover this . She has built up social net work for girls with lots of activities and friends. Trying to buy house from dad but because he has not paid his share of mortgage for 5 months savings have dwindled,.Before separation is finalized will dad have to pay up his share of mortgage and child maintenance. What would be acceptable contact for dad.
Expert:  ivorylounge replied 2 years ago.
I think that bearing in mind the age of the children and status quo argument the offer which father has at present is perfectly reasonable. You may wish to consider some telephone or Skype contact from father but the situation you state is very common and acceptable.
Happy to discuss. Please remember to rate positively - thanks
ivorylounge, Advocate
Category: Scots Law
Satisfied Customers: 33037
Experience: Over 25 years experience
ivorylounge and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.
Dad is paying child maintenance but does not include his bonus as it is paid in shares. He is a banker and receives a large bonus every year but it is not on his P60. Can this bonus be included for child maintenance
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland and will help you with this.
The contact that the father has at present is unlikely to be changed by any court. The children are still young, need their mother and stability and they have their activities etc so I have no issue with the advice given by the English expert.
As far as child maintenance is concerned the fathers gross salary is what is taken into account and that includes bonus. The child maintenance authorities have the ability to ask HMRC for the correct figures if he isn't providing them.
I hope this helps. Please leave a positive response so that I am credited for my time.