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Clare, Solicitor
Category: Law
Satisfied Customers: 35042
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a current arrangement with my ex partner around childcare

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I have a current arrangement with my ex partner around childcare that has worked for the last 7 years that he now wants to change as he's re-marrying.. He only has his son fri through to sat pm one week and fri to sun pm the following week.. He does not help with any school holidays.
I work weekends so that I can be around for our son after school etc.
He is proposing not to have him overnight which I am disputing, where do I stand?
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion first.How old is the child?
Customer: replied 1 year ago.
What contact does the father now wish to have?
Customer: replied 1 year ago.
The same days but no overnights, he has also suggested dropping one weekend and seeing him once a fortnight
Customer: replied 1 year ago.
Again the fortnight lay arrangement would be with no overnights meaning the child has to come backwards and forwards each day. This would also be extremely difficult for me with arranging childcare to cover the other Saturday as there are limited options if any for child support on weekends..
Why does he no longer wish to have the child overnight (it seems very unkind to your son)
Customer: replied 1 year ago.
He says that it's for personal reasons.. I can only surmise from that it's due to his new marriage and I agree it is very unfair.
I need to understand if I took this further what he would be expected to adhere to so that I can prepare myself. He already does very little in terms of support as I said previously I cover all the school holidays which is why I work the hours I do.
I would like to change my working hours but don't feel I can until my little boy it's at high school due to the after school arrangements etc.
Customer: replied 1 year ago.
He is also threatening to 'move away' so that he is not available at all... I'm not sure if this is to try and get me to agree to his terms or a real threat!
Clearly if this happens and he has little or no contact I'm assuming he would have to offer more financial support also.
What maintenance does he pay?
Customer: replied 1 year ago.
Currently it's £250 but he stopped paying at the end of last year for four months when he left his job.
Customer: replied 1 year ago.
He has started to pay again. He also threatens to avoid the tax man if I cause any issues so that I get nothing! Not sure if that's something he could get away with, I assume he thinks he can do this if he's self employed!
Do you know what income he has?
Customer: replied 1 year ago.
No I don't.
The starting point is to try and discuss matters with him using Family agree a new pattern that reflects the fact that if he is not having the child overnight then he will only have him for one day a week - and to discuss maintenance.Unfortunately your ex cannot be forced to have the child overnight if he does not wish to have him - but equally if he does not have him overnight then he cannot demand to have him two days in a row either.Your ex should be paying 12% of his Gross income as child maintenance - and unless he provides evidence of his income then it would not be unreasonable to apply to the CMS to deal with the matter.I appreciate that your life will be turned upside down by his selfishness - and that once again you will left being the only parent your son can rely on Please ask if you need further details
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