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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 23698
Experience:  Senior Partner at Berkson Wallace
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I have split up with the mother of my child, she is slowly

Customer Question

I have split up with the mother of my child, she is slowly letting me see my son less and less and wanting to control everything. She is now asking about child maintenance, I am currently not working but pay half of my sons nursery fees £370.50 per month, does this money count as child maintenance as i transfer my ex partner the money
JA: What steps have you taken? Have you filed any papers in family court?
Customer: we have had mediation but as I have lodgers living in my property she will not continue mediation until they leave. The mediator has advised us both to get legal advice
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I have not filed any court papers yet, I live in bedfordshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am concerned about the health of my son
Submitted: 6 days ago.
Category: Family Law
Expert:  Stuart J replied 6 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Are you married?

how old is the child?

what has lodgers got to do with this?

Customer: replied 6 days ago.
no my ex partner and me were not married, i lived in her property when we split up I moved out to my property. My son is 18 months old tomorrow, she is saying that it is not a safe environment with my lodgers. I have had both lodgers DBS checked and neither have a criminal record. I have know both lodgers for a long time. She is also saying my house is not safe for my son which is a lie. I have told my ex partner during mediation that I am happy for an independent safety survey to be done on both our properties as I have concerns about her property which could be affecting my sons health.
Expert:  Stuart J replied 6 days ago.

You need a Child arrangement order setting out exactly what’s happening.

Fortunately, there is a lot of information on the Internet about Child Arrangement orders and the government have actually produced a guide on the subject which is here.

https://www.gov.uk/looking-after-children-divorce

The different types of Child Arrangement order are:

1              A Contact Order which specifies when parent sees a child,

2              A Residence Order to determine who the child lives with,

3              A Prohibited Steps Order to prevent a parent doing something with the child such as moving away either in this country miles away or taking the child to another country.  Particularly relevant if there is a chance that the parent would go to another country and never return.  The parent wishing to prevent the move would have to convince the court why it’s not in the best interest of the child to move.  Friends, support, school et cetera et cetera all taken into account.

A Prohibited Steps Order is to prevent child Abduction and it’s one of the few areas of law for which legal aid is sometimes still available.  It’s often therefore worth seeing a solicitor.

4              A Specific Issue Order to allow a parent to do something specific with the child such as moving away to another part of the country or indeed to another country.  .  The parent wishing to move would have to prove why it’s not in the best interest of the child to move..  Friends, support, school et cetera et cetera all taken into account.  It would also encompass things such as changing school if the parents cannot agree, changing the child's name, and anything other specific.

The courts will not get involved in a Contact or Residence order unless the couple have been to mediation first.  So the couple would have to try mediation even if it subsequently fails and the matter proceeds to court.

You are obliged to pay child maintenance, based upon your income, at the CMS rates which are here

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672432/how-we-work-out-child-maintenance.pdf

Do read the whole document but the basic rates start at the top of page 18.

Child maintenance is reduced by 1/7th for each 52 nights that the non-resident parent has the children.

If you are paying the child’s nursery, then you are already paying more than you are obliged to do but do remember that paying the nursery does not offset child maintenance unless you are actually paying the money directly to the mother.

You have lodges living on your property and that would be classed as income and that should be taken into account.

I think she is just using those lodgers against you without there being any basis for it.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards