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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12074
Experience:  30 years as a practising solicitor.
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My ex partner is contacting me through a solicitor to gain

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My ex partner is contacting me through a solicitor to gain access to our son 1 day during the week, whilst he is normally in childcare. I would like to know what the legal rights are here regarding childcare, payments and the rights of the father.. At them moment I pay for his childcare, and I do not think it is fair that not only does he want to ruin his weekly routine by 1 day which is different every week due to his shift. but that I will have to pay for him to be at childcare even if the father doesn't put him there. if it was 1 day, the same day every week I wouldn't have a problem as then i could just pay 4 days but he cant do that so I still have to pay the 5 days regardless. On top of that He wants a 2 week holiday with our son and i still have to pay 2 weeks of that in childcare fees even though he's not there. My son is 2.8 years old
Thank you for your question.
The answers to your questions are as follows:
1. Does the father pay child maintenance? Child maintenance is supposed to offset a degree of childcare. Your difficulty here is that you are going to have to pay it regardless of whether your son is there or not because of the fact that he can't have him on the same day each week. I think what you do there is dig your heels in and give him the option either to contribute to compensate for the extra day or you say that he has to take him on the same day so that you can reduce the childcare requirement.
2. As regards ***** ***** same fees would apply whether your son was at childcare, on holiday with you or on holiday with his father.
3. If the childcare is in a nursery school then the argument is that he should seek contact outwith nursery hours in respect that nursery school is part of his education. Defending on what childcare he is in just now you may want to advance that argument that he gets contact outwith those hours.
4. The law on the rights of the father is that the father is entitled to contact with his son as such times and at such intervals as is in the child's best interests.
Happy to discuss further.
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