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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 24570
Experience:  Senior Partner at Berkson Wallace
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My ex-Wife and primary carer for our two children has just

Customer Question

My ex-Wife and primary carer for our two children has just cancelled and stopped paying for after schol care, saying I now need to do this.
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: Her solicitor has sent a couple of letters - but the matter is unresolved. I have spoken with CMS who say that it is her responsibility. I found out on Weds, when collecting my 9 y/o that she had left him with no pick-up from school. Given this is what we agreed in mediation and has been the case for over two years, I need to know what I can do.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: She is very controlling and likes messing me about - which is having an impact on my mental health
Submitted: 9 days ago.
Category: Family Law
Expert:  Stuart J replied 9 days ago.

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

Please bear with me and 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.

So she left the 9yr old waiting for someone to collect him?

is her controlling behaviour also impacting on the children?

what is the child contact you have now?

Customer: replied 9 days ago.
1. Yes, it was only the responsible staff that took him to the 'club'. 2. I believe it is starting to - but would like to stay focussed on the after-school care today, but happy to discuss. 3. I average 3 nights/wk: alternating Weds/Thurs week A then Weds/Fri/Sat/Sun week B. This is arranged through CMS. There was no childcare arrangements in teh Consent Order, but it was informed by mediation beforehand - where she took a large proportion of the 'pot' to pay for all their needs over and above monthly CMS payments. We specifically stated this included all regular clubs / activites etc
Expert:  Stuart J replied 9 days ago.

What you have been told is correct.  The only liability that a non-resident parent has is to pay child maintenance 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.

That is unless the paying parent has a large amount of income in which case the court will get involved with additional payments such as uniforms holidays after-school care et cetera et cetera but that’s only in exceptional cases.  Usually it’s dealt with by CMS.

However what you haven’t told me is what the residents arrangements are for the child.

It appears that she simply abandoned the child outside the school in which case you would be quite justified in having the child live with you and making an emergency application in that respect pending a full hearing.

Customer: replied 9 days ago.
Thank-you. I'm unfamiliar with the term "Residents Arrangement" - I have them the nights I explained above, with usual pick-up at 5pm. I average 3 nights per week and this is reflected in my CMS payments.
So my question is "What can I do to make her carry on arranging and paying (as she always has) the after-school chid care? for the whole week"
Expert:  Stuart J replied 9 days ago.

My bad spelling/typo.

Residence arrangements.

It used to be called custody but hasn’t been called custody for about 20 years.  Don’t ask me why they changed it.

In a nutshell, you can’t.

Your remedy, as I mentioned earlier, is an application to court for the child to live with you the basis that she is not looking after the child which is witnessed by her abandonment outside the school.

If you make the application for the child to come and live with you and you will then provide that care, it may focus her mind.  Because there is some urgency here you would be quite justified in my opinion making an emergency application to court