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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35059
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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last 2 1/2 years the children (boy 7 and girl 11) have

Customer Question

For the last 2 1/2 years the children (boy 7 and girl 11) have lived with me (father) and my new wife. They go to school locally and are registered with both doctors and dentist locally. The children both go to see their mother at weekends and school holidays.
I have two questions:
1) Should I be paying child maintenance to the mother even though in 2014 she had them for only 84 nights during the whole year?
2) My daughter came home last weekend and said she doesn't want to stay at her mothers ever again preferring just to visit for a few hours on a Sunday. Am I able to support her with this request or do I force her to go to her mothers? She is adamant that she is not going and has told teachers at school of her desire not to go.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you know why your daughter has made this decision?
Customer: replied 3 years ago.
It's difficult to say really she just feels as though her mother treats her poorly. They dont have set meal times, they don't do anything, she feels trapped, she's forced to clean up and they just clash. I feel it's important to have a relationship with her mother but she is adamant.
Expert:  Clare replied 3 years ago.
You certainly do not have to pay your ex child maintenance - she should be paying you with a one seventh discount to reflect the time they spend with you.
At 11 your daughter is a little young to make the decision on contact - BUT she is still at the age when her wishes will be seen as important and it is unlikely, should the matter go to court, that the court would force her to go.
Having said that rather than just saying that your daughter doesn't want to go you should offer to discuss contact with your ex using Family mediation
and a mediator trained to work with young people so that your daughters wishes can be heard - and you have a record of your daughter's wishes as expressed to an independent person
Please ask if you need further details