Ask a Family Law Question, Get an Answer ASAP!
Hello again and thank you for the additional information. The bot***** *****ne is that your son has a right to spend time with both parents. The amount of time is dictated by a number of factors including the age of the child, the child's commitments and distance. The amount of money your ex pays in maintenance does not affect the amount of time your son should spend with his father - even if he paid nothing, your son would still be entitled to spend time with him. That said, there is little chance that a court would make an order that your son jointly reside (joint custody) with you and your child's father. You are your son's prime carer and he has grown up with you. You have probably been responsible for all major decisions in your son's life although I imagine that you have kept your ex updated. Your ex cannot simply expect to walk back in and expect joint residence. In any event, I suspect it is simply a ploy to reduce the amount of maintenance he would be expected to pay you. Your ex is responsible for paying child maintenance whilst your son lives with you. If necessary, child maintenance can be enforced in a foreign country under what are known as the REMO obligations. Kind regards, J