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Shared Care of a Child

By: Lorna Elliott LLB (hons), Barrister - Updated: 24 Apr 2018 |
 
Csa Shared Care Non-resident Parent

Although it is often the case that child support cases refer to the parent ‘with care’, or the ‘non-resident parent’, there are in practical terms many other domestic arrangements that do not fall into these two definitions. One such situation is ‘shared care’, in which more than one person looks after a child or children, but those people live in separate homes.

Who Can Share Care?

For the purposes of child support laws, ‘shared care’ does not include people who live under the same roof and share the care of a child. However, the following people are classed as having shared care: a person with care who is treated as though they are a non-resident parent (child in his/her care for at least 104 nights a year) – this could be a grandparent; a non-resident parent who looks after the child for at least 52 nights each year; or a child who is sometimes in the care of the local authority.

The CSA’s/ CMS's Decision

The CSA/CMS will, in deciding cases in which there is an issue of shared care, consider all the circumstances of the arrangements. The evidence to support a shared care application should be provided in writing but may be given orally if both the parents consent.

Who Receives Maintenance Payments?

There may be a question in shared care circumstances as to who should receive maintenance payments. If two people share responsibility for a child on a day-to-day basis, either one of them may apply to the CSA/CMS, on the condition that either both of them has parental responsibility or neither of them have parental responsibility. If one person does and the other person does not, it will be the person with parental responsibility who is entitled to apply for child maintenance.

If parents share care, the one who has the majority of the care will be the one who is entitled to child maintenance. If the shared care is entirely equal, it is the person who is in receipt of child benefits who can apply to the Child Maintenance Service (CMS). If both parents make competing applications for child benefit, the person who applied first will take priority.

Calculating the Rate Reduction

As we have already seen, a non-resident parent who looks after a child for at least 52 nights per year qualifies to have ‘shared care’ of the child. Although there are a number of variations and some exceptions, the following information reflects the general effect of shared care on CSA/CMS maintenance calculations.

If a non-resident parent has care of a child for between 52 – 103 nights per year, maintenance payments will be reduced by 1/7. For 104 – 155 nights, this fraction increases to 2/7. For 156 -174 nights, there will be a reduction of 3/7 and if the child spends 175 nights or more with the non-resident parent, maintenance payments will be reduced by ½.

The overnight care does not need to stretch to a 24 hour period, but must be overnight. If a child is in boarding school, with a babysitter, staying with a friend or is in hospital, the person who would otherwise have had care of the child during that period is considered to be the person with care.

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Hi my partner has been paying child support for past 3 years. He has the children (now aged 15) twice a week or whenever they ask to come. His ex is saying because he doesn’t take them on set days she’s not agreeing he has them to CMS and he doesn’t get a discount for the days he has them! The CMS say they have to take the mother’s word and not his? Can’t they ask the children. She is trying to fleece him for everything and gets away with it. Free legal aid etc. He’s paying half the mortgage as well and now they say he has arrears and due over 2k so his weekly payments will be £119 a week plus £60 mortgage as she refuses to sell the house and he can’t afford a court order to force the sale. He earns just under £300 a week! Any help would be appreciated
ezzmo - 24-Apr-18 @ 4:13 PM
Jayne14 - Your Question:
Hi, im after some advice pls.i want to go through the CSA for my ex to pay support for his 2 children. He says that he would try and pay the minimum he would say that he could have them 3 nights but would arrange for them to stop at his parents if he was wrking. Does the nights have to be set/arranged nights as he wrks shifts and also if he has them overnight he will literally have them frm 8pm n then drop them at mine at 8 in the morning so he has them JUST whilst they sleep? Is there a time scale (eg 24 hrs) for it to comply? Many thanks

Our Response:
There is no time-scale, he would just have to have them overnight, regardless of where they stayed. However, if you wish to decide between you what the best arrangement might be, then making an arrangement via mediation may work.
ChildSupportLaws - 20-Apr-18 @ 12:13 PM
J - Your Question:
Hi I have a 6 year old son, his fathr has had little contact for the first 2 years of his life and then he moved abroad for 2 years with no contact with my son, I then made arrangements for my son to see him which we got back into a relationship for 5 months , I soon learned id made a mistake and split up as my son witnessed domestic abuse. He has had no contact for another 12moths since we split. I am now wanting to move aborad with my new partner to NZ. I put an order into court for permission to leave with my child and now My ex has no put an order in for my son for full custody to try stop me moving to NZ. With him having so little contact with my son so far and any contact he has had has been violent towards me which is on police records. Can the court stop us from moving on with out life NZ is an amazing country for my son to be brought up in ?

Our Response:
It is highly unlikely a court will award your ex residency of your child if he has had only limited contact with his son. A court will not attempt to stop you getting on with your life, which includes moving away. Only if the court sees that you are deliberately moving away to get away from your ex would the court ty to prevent the move. If you are still willing to allow your ex contact with his child, then the court is likely rule in your favour. However, it is always impossible to predict what a court may decide, so you may wish to seek legal advice.
ChildSupportLaws - 12-Apr-18 @ 1:52 PM
hi i have a 6 year old son, his fathr has had little contact for the first 2 years of his life and then he moved abroad for 2 years with no contact with my son, I then made arrangements for my son to see him which we got back into a relationship for 5 months , I soon learned id made a mistake and split up as my son witnessed domestic abuse. He has had no contact for another 12moths since we split. I am now wanting to move aborad with my new partner to NZ. I put an order into court for permission to leave with my child and now My ex has no put an order in for my son for full custody to try stop me moving to NZ. With him having so little contact with my son so far and any contact he has had has been violent towards me which is on police records. Can the court stop us from moving on with out life NZ is an amazing country for my son to be brought up in ?
J - 10-Apr-18 @ 10:46 PM
Sophie - Your Question:
HiI separated from my ex husband 4 years ago and the legallly drawn up separation order agreed 75% custody to me. We divorced a year ago and again 75% was stated in all documentation and again on the clean split order. He applied via CMA to pay minimal child maintenance allowed. For the last few months he has struggled to pay on time and I keep having to wait. He has introduced ten women to my kids in one year and in 4 years has rented 5 different properties and 3 different jobs. Doesn’t wash their clothes can’t get them from school as he doesn’t get home till 7 and leaves at 7.30 in the morning. I have bought my own home, have had the same relationship for 3 years and am now getting married. My children are happy safe and secure and I have opted to work from home for 4 years and continue to do so in order that I can take them to school and pick up. He is now manipulating the kids to try and get them to change to 50% of the time with him and says if they yes he can just do it? Please can you advise what my legal situation is. I am opposed to 50% for the reasons mentioned plus much more. Thank you

Our Response:
Any change to the order would have to be agreed mutually, or if not referred to court. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order. Apologies, if this answer is a little vague. However, it is impossible to anticipate how a court will decide. Your ex wont be punished for renting different properties and having different jobs or girlfriends. However, if you can prove that your children are late into school when he drops them off etc, then you can use this evidence to build up your own case - should the matter go to court.
ChildSupportLaws - 10-Apr-18 @ 12:10 PM
Hi I separated from my ex husband 4 years ago and the legallly drawn up separation order agreed 75% custody to me. We divorced a year ago and again 75% was stated in all documentation and again on the clean split order. He applied via CMA to pay minimal child maintenance allowed. For the last few months he has struggled to pay on time and I keep having to wait. He has introduced ten women to my kids in one year and in 4 years has rented 5 different properties and 3 different jobs. Doesn’t wash their clothes can’t get them from school as he doesn’t get home till 7 and leaves at 7.30 in the morning. I have bought my own home,have had the same relationship for 3 years and am now getting married. My children are happy safe and secure and I have opted to work from home for 4 years and continue to do so in order that I can take them to school and pick up. He is now manipulating the kids to try and get them to change to 50% of the time with him and says if they yes he can just do it? Please can you advise what my legal situation is. I am opposed to 50% for the reasons mentioned plus much more. Thank you
Sophie - 9-Apr-18 @ 7:57 PM
Hm - Your Question:
I need some advice. My ex partner is going to start having over night stays with my girl every other friends and sat and also some holidays. However he is going to be staying at a aunt and uncles house and not at his own address. Will this still count towards payments? Thanks

Our Response:
The fact he is having his daughter overnight counts, not where he his having her overnight.
ChildSupportLaws - 9-Apr-18 @ 12:52 PM
Hi, im after some advice pls...i want to go through the CSA for my ex to pay support for his 2 children. He says that he would try and pay the minimum he would say that he could have them 3 nights but would arrange for them to stop at his parents if he was wrking. Does the nights have to be set/arranged nights as he wrks shifts and also if he has them overnight he will literally have them frm 8pm n then drop them at mine at 8 in the morning so he has them JUST whilst they sleep? Is there a time scale (eg 24 hrs) for it to comply? Many thanks
Jayne14 - 7-Apr-18 @ 5:03 PM
I need some advice. My ex partner is going to start having over night stays with my girl every other friends and sat and also some holidays. However he is going to be staying at a aunt and uncles house and not at his own address. Will this still count towards payments? Thanks
Hm - 7-Apr-18 @ 4:33 PM
stemar1 - Your Question:
Hi there. I was just wondering if I was entitled to any help. I have my son every friday to Sunday & 50/50 on school holidays. Would I be able to claim for anything?

Our Response:
Unfortunately, only the primary carer (the parent who has most of the day-to-day care and who is eligible to claim child benefit) can claim benefits associated with being a primary carer of a child.
ChildSupportLaws - 5-Apr-18 @ 12:47 PM
Hi there. I was just wondering if I was entitled to any help. I have my son every friday to Sunday & 50/50 on school holidays. Would I be able to claim for anything?
stemar1 - 3-Apr-18 @ 11:20 PM
Confused- Your Question:
Hello, I am looking for advice in regards to custody rights. My brother has custody of his son and it was decided through court that his son would stay with him 4 nights a week and with his mother 3 nights a week. My brother has became critically ill and is currently in hospital his ex partner said she would not mind looking after their son whilst my brother is in hospital. But she is now saying that after 21 days she will have gained full custody of my nephew and that she wants all benefits to be given to her. She is also refusing visits for my mother with whom my brother and nephew live with and whom also cares for my nephew. I would like to understand better the legal stance on this situation and if my mother has any rights as she cares for my nephew jointly with my brother as he works.Many thanks

Our Response:
I am sorry to hear this. If there is a court residency order then the police can intervene and return the child to the parent who the court has ordered to look after the child. Your brother does not have to sign any benefits over to his ex. If the police refuse to intervene, then it would be the remit of the courts. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. In most cases the child is returned to the parent who normally looks after the child. If your brother remains in hospital and his ex is refusing access, then your mother would have to apply to the court for rights. She may also wish to seek legal advice regarding this matter, as there is no guarantee she would be awarded access or temporary residency. Much depends upon the situation of those concerned.
ChildSupportLaws - 29-Mar-18 @ 2:48 PM
Hello, I am looking for advice in regards to custody rights. My brother has custody of his son and it was decided through court that his son would stay with him 4 nights a week and with his mother 3 nights a week. My brother has became critically ill and is currently in hospital his ex partner said she would not mind looking after their son whilst my brother is in hospital. But she is now saying that after 21 days she will have gained full custody of my nephew and that she wants all benefits to be given to her. She is also refusing visits for my mother with whom my brother and nephew live with and whom also cares for my nephew. I would like to understand better the legal stance on this situation and if my mother has any rights as she cares for my nephew jointly with my brother as he works. Many thanks
Confused - 27-Mar-18 @ 9:35 PM
I, My ex partner and I split due to domestic violence towards me, I was put into emergency temp accommodation whilst I was assessed for council housing, I was given a 2 bed flat, she made it as hard as possible for me to see my 2 children ages 2 and 4 and did not see them for 8 weeks, then we reconciled for 7 weeks until we split again and now I have to go to court to gain access to them which has now been 4 weeks since I have seen them. I am applying for 50/50 access with one week at mine and one week at hers. I am on ESA and PIP, can the child benefit and child tax credit be split or would the court sort that out. Thanks in advance
Dazmorg - 6-Mar-18 @ 4:43 PM
Jen - Your Question:
My ex partner has my daughter 2 nights a week and she is at home with me for 3 she stays with her grandmother for 2 as I work evenings. Am I still eligible for child maintenance off her father? He is refusing to pay as she is only at home for 3 nights the nights she is at my mum's I stay over after work. Please help as I'm a bit stuck.Thank you

Our Response:
Every biological non-resident parent is responsible for having to pay child maintenance regardless of the situation. If you are caring for your child on a day-to-day basis, then you are classed as the primary carer and therefore are entitled to claim.
ChildSupportLaws - 5-Mar-18 @ 3:14 PM
My ex partner has my daughter 2 nights a week and she is at home with me for 3 she stays with her grandmother for 2 as I work evenings. Am I still eligible for child maintenance off her father? He is refusing to pay as she is only at home for 3 nights the nights she is at my mum's I stay over after work. Please help as I'm a bit stuck. Thank you
Jen - 2-Mar-18 @ 11:42 PM
Marting123 - Your Question:
Me and my wife are currently not getting on. Whilst I want to sort it out she doesn't I want to cohabittate in the hope working it out or so we can both still help with the kids. She's not Will it to agree to this. In a custody battle if one of us left the family home would it go against us?

Our Response:
If you leave the family home, you then become the non-resident parent. This means your wife will become the primary carer of your kids, unless you decide to have shared-care of your children. You would also be responsible for paying child maintenance. In situation such as this, it is important to consider your kids first and what would be best for them should you separate. Trying to come to an agreement through mutual negotiation is always best, especially if you have to consider finances and where you both would live. You may wish to suggest mediation to your wife if you cannot agree between yourselves. Please see link here.
ChildSupportLaws - 2-Mar-18 @ 10:36 AM
Me and my wife are currently not getting on. Whilst I want to sort it out she doesn't I want to cohabittate in the hope working it out or so we can both still help with the kids. She's not Will it to agree to this. In a custody battle if one of us left the family home would it go against us?
Marting123 - 1-Mar-18 @ 5:26 PM
angelpie82 - Your Question:
My husband has been emotionally abusive for the last few years. He has locked me out of the house, taken my keys away, hidden my bank card and taken all of the money from the joint account. Last week I hit rock bottom and tried to harm myself to get away from the situation, in the process, I accidentally caught his finger with the knife and he started bleeding. As a result he called the police who insisted I went to hospital as I was so upset. He then took my children away and will now longer speak to me. I'm concerned for their welfare as I know they have been removed from school. I don't know what to do as he has informed social services I was violent to him. surely his actions of not making me aware of my children, their location and welfare this is also emotional/psychological abuse?

Our Response:
If both parents have Parental Responsibility then the police cannot intervene to take the child off one parent and give them to the other; the police cannot choose between parents, that is the remit of the courts. It means your only recourse would be to apply to the courts to have your children reinstated via a child arrangement order. Whilst the police cannot take a child away from a parent with PR, they are able to intervene and remove a child if there is a real risk to life. If you are concerned about a real and immediate threat to your children's safety, speak to your local police force and social services. If you are unsure about your rights, speak to a solicitor (there will be a cost attached) or local Citizens Advice Bureau who will be able to provide you with free assistance.
ChildSupportLaws - 6-Feb-18 @ 2:41 PM
My husband has been emotionally abusive for the last few years.He has locked me out of the house, taken my keys away, hidden my bank card and taken all of the money from the joint account. Last week I hit rock bottom and tried to harm myself to get away from the situation, in the process, I accidentally caught his finger with the knife and he started bleeding.As a result he called the police who insisted I went to hospital as I was so upset.He then took my children away and will now longer speak to me. I'm concerned for their welfare as I know they have been removed from school.I don't know what to do as he has informed social services I was violent to him.surely his actions of not making me aware of my children, their location and welfare this is also emotional/psychological abuse?
angelpie82 - 6-Feb-18 @ 1:35 PM
Hi is was wondering what forms of evidence are permitted by the child maintenance services in respect of extra shared care
Hatton - 3-Feb-18 @ 5:50 PM
Torn - Your Question:
I just found out my husband has been having an affair - he does not want to try and make things work, but we want to keep things as amicable as possible for our daughters' sake.We have a 15 month old and a 3.5 year old - 50/50 doesn't seem appropriate for care as the girls receive most of their care from me (especially the 15month old, who I still breast feed). I'm also not sure psychologically for them what is appropriate. Is there a guideline on the percentage of care to be shared when the children are so young?Thank you

Our Response:
I am sorry to hear this. You should agree between you what you both think is in the best interest of your children, putting them first and foremost. There are no set rules, some parents prefer shared-care, some prefer a primary carer/access arrangement agreed betwen you. If you cannot agree between you, then family mediation would be the next option to consider, please see link here .
ChildSupportLaws - 16-Jan-18 @ 12:00 PM
I just found out my husband has been having an affair - he does not want to try and make things work, but we want to keep things as amicable as possible for our daughters' sake. We have a 15 month old and a 3.5 year old - 50/50 doesn't seem appropriate for care as the girls receive most of their care from me (especially the 15month old, who I still breast feed). I'm also not sure psychologically for them what is appropriate. Is there a guideline on the percentage of care to be shared when the children are so young? Thank you
Torn - 15-Jan-18 @ 2:05 PM
I have recently separated from the mother of my 15-month-old son, there wan argument over the christmas period and I am on bail for domestic assault.Given I am going to plead not guilty to the fabricated allegations it is likely to go to trial. where do I stand with seeing my son in the interim?Prior to the incident she asked me to have the child overnight and since the event she has text a family member in the meantime saying I am a loving father etc? Could I possibly get supervised access through a contact centre until the criminal charges have been assessed etc?Just dont want my son missing out while she uses him as a weapon
Knightrider - 2-Jan-18 @ 3:49 PM
@G - much depends upon whether there is an inequality in your income. If you both earn the same income and are contributing the same towards the upkeep of your child, then usually it's agreed between you whether one parent pays maintenance or not. If all things are equal, then the answer is usually no.
Paris - 4-Dec-17 @ 12:44 PM
Hi, My wife and I are separating and sharing custody of our child. She is staying in the family house and I have taken savings to set up on my own, we plan to sell the house in 2 yers and then share the equity evenly minus what I took from savings to make an equal share. We both earn the same salary. Will I be expected to pay maintenance?
G - 2-Dec-17 @ 3:44 PM
Hi, I have two ex partners that I pay maintenance to. I have two of my children for a minimum of 52 nights a year and my other three children for at least 52 nights a year too, so combined it is more than 104 nights per year as I don't yet have them all together, mainly due to the size of my house and one of my children having severe autism. How would this effect my shared care? Can I claim over 104 nights of shared care or can I still only have the 52 nights claimed? Thank you in advance
Pdav - 23-Nov-17 @ 5:34 PM
My ex and I recently had a baby who is now coming up to his 6th week. we are not married and we don't live together. I knew about the pregnancy two weeks after we broke up. We never met for the entirety of the pregnancy until two weeks before she had the baby from which time I supported her in every way she needed. Completely taking charge of any expenses except household bills. Although I didn't move in with her , she asked me to stay with her for the two weeks of paternity leave I took from my job. In the 5 weeks since before my son was born, I spent around £3718 buying everything needed in her house from baby stuff to grocery to so many other things which made the house more comfortable for her and the baby. This is in addition to taking her 5 year old daughe from a previous relationship to and from school. I even covered the house work to save her paying for a cleaner/ a nanny. Almost soon after the birth of the baby, she started getting aggressive and disrespectful and would simply start sulking without any apparent reason. I offered to speak about any problems before things got worse. She became uncooperative. One day , while we were returning from a day out , she got aggressive and started to abuse me. I was shocked and pleased with her to stop calling me names on front of the children. I was driving. When she refused , I just got drawn into the abuse. We had planned to go for a meal when this happened but we ended up parting company straight after the row. The argument was not about anything to do with our child. For a third week now , I haven't been able to see my son. I live in a different place so I don't have the right of access to her house. I'm living a nightmare consequently. I phoned and texted her apologising even when she was the aggressor. I spent the last three weeks trying mediation from her father and step mother. No results in the way of seeing my child. They seem reluctant to help always being polite with me but constantly deferring the time to speak to her. Recently I got a call from them suggesting that this was about money. That she was struggling to make ends meet and asking if I am helping her financially. Up until she stopped me seeing my son , I bore the burden of paying for all domestic costs in her household save the utility bills. What's more , I keep contacting her offering to give any help she needed. She refuses to do so. I guess my questions are : 1. Can all the costs I covered up to now be factored in when child maintenance is calculated ? 2. How can we make it legally binding if we agree to settle for a child maintenance mechanism without involving child maintenance office ? 3. Considering there are long standing trust issues , what can I do to check my paternity to the child ? 4. Given the age of the baby ( 6 weeks ) , what are my chances of getting shared care as I would like to spend more and more time with him ? Or is this too early to start applying for ? My preference is to tie e
Tadant - 4-Nov-17 @ 8:36 AM
Tadant - Your Question:
My ex and I recently had a baby who is now coming up to his 6th week. we are not married and we don't live together. I knew about the pregnancy two weeks after we broke up. We never met for the entirety of the pregnancy until two weeks before she had the baby from which time I supported her in every way she needed. Completely taking charge of any expenses except household bills. Although I didn't move in with her , she asked me to stay with her for the two weeks of paternity leave I took from my job. In the 5 weeks since before my son was born, I spent around £3718 buying everything needed in her house from baby stuff to grocery to so many other things which made the house more comfortable for her and the baby. This is in addition to taking her 5 year old daughe from a previous relationship to and from school. I even covered the house work to save her paying for a cleaner/ a nanny. Almost soon after the birth of the baby, she started getting aggressive and disrespectful and would simply start sulking without any apparent reason. I offered to speak about any problems before things got worse. She became uncooperative. One day , while we were returning from a day out , she got aggressive and started to abuse me. I was shocked and pleased with her to stop calling me names on front of the children. I was driving. When she refused , I just got drawn into the abuse. We had planned to go for a meal when this happened but we ended up parting company straight after the row. The argument was not about anything to do with our child. For a third week now , I haven't been able to see my son. I live in a different place so I don't have the right of access to her house. I'm living a nightmare consequently. I phoned and texted her apologising even when she was the aggressor. I spent the last three weeks trying mediation from her father and step mother. No results in the way of seeing my child. They seem reluctant to help always being polite with me but constantly deferring the time to speak to her. Recently I got a call from them suggesting that this was about money. That she was struggling to make ends meet and asking if I am helping her financially. Up until she stopped me seeing my son , I bore the burden of paying for all domestic costs in her household save the utility bills. What's more , I keep contacting her offering to give any help she needed. She refuses to do so. I guess my questions are : 1. Can all the costs I covered up to now be factored in when child maintenance is calculated ? 2. How can we make it legally binding if we agree to settle for a child maintenance mechanism without involving child maintenance office ? 3. Considering there are long standing trust issues , what can I do to check my paternity to the child ? 4. Given the age of the baby ( 6 weeks ) , what are my chances of getting shared care as I would like to spend more and more time with him ? Or is this too early to start applying for ? My preference is to tie e

Our Response:
In answer to your questions 1) A child maintenance claim would begin from the time your ex registers a claim, meaning the amount you spent would be seen as voluntary and therefore not taken into consideration, or assessed as part of any claim. 2) You cannot make any child maintenance claim legally binding outside of CMS, or court (seen as a last resort). If you make a family-based arrangement, you are free to decide between you what you should pay. You can make an agreement via mediation and this is overseen by the court. However, it is still not considered to be 'legally' binding. 3) You can arrange to have a paternity test, please see link here. 5) It is unlikely you would be granted shared-care of your child for several reasons; the young age of your child, if the mother is breastfeeding and because you have not been a hands-on parent to date. Sometimes parents fall out over particular issues, but hopefully these may be 'teething problems' and if you both as parents can develop an amicable relationship for the sake of your child, this will work much better down the line, please see link here.
ChildSupportLaws - 3-Nov-17 @ 2:11 PM
matt - Your Question:
Hi my ex wife and I split up 2 years ago, we agreed between our selves that we would share custody of our daughter.I moved out as I can just mange to take care of my self in the finace siide of things. I left to to get any help se was entitled too. she got her flat payed for , council tax payed for tax credits. and I gave here £50 a week to look after our daughter. after 4 months she got an everning job so I had my daughter 6 nights a week , in this time she also went to thailand for 3 month ( she is thai) she has been working of an evening for 15 months while I have my daughter, I have never asked for any help and she has continued to get all the benifits,, Her job has just finished an now she has taken my daughter back and expects me to give here money. what should I do ,, realisticly would like custody of my daughter, but I am looking for some sound advice. many thanks matt

Our Response:
Any issue that you cannot agree on, really should be dealt with mutually, or dealt with via mediation. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. However, where you can, mutual agreement is always the best process. With regards to the financial side of things, it's important to estimate who is the primary financial supplier of all the things your daughter needs and wants. If your daughter has gone back to live with her mother, then yes, you should contribute towards your child's day-to-day needs. If neither parent can agree on a workable solution, and if you cannot agree via mediation, then the only alternative is to take the matter to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws - 3-Nov-17 @ 9:48 AM
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    Smithy - Your Question:Hi , I earn 1300 a month and am currently paying £435 a month csa although I agree I…
    26 April 2018
  • Smithy
    Re: What Happens When the CSA/CMS Gets it Wrong?
    Hi , I earn 1300 a month and am currently paying £435 a month csa although I agree I should pay towards my…
    25 April 2018
  • Hal
    Re: How Much Will I Have To Pay?
    Hi. Am I right in thinking. The csa (or new one) do not take childcare costs into consideration when factoring how much…
    24 April 2018
  • Kirsty
    Re: What Happens When the CSA/CMS Gets it Wrong?
    Hi there, I'm wondering if anyone can give me advice on obtaining my full case notes from the CSA. I'm hoping…
    24 April 2018
  • ezzmo
    Re: Shared Care of a Child
    Hi my partner has been paying child support for past 3 years. He has the children (now aged 15) twice a week or whenever they ask to come.…
    24 April 2018
  • ChildSupportLaws
    Re: Child Custody Rights
    Ks - Your Question:In need of advice im a father to 2/3 children the third I have helped raise since he was 2 now 12 I have asked for pr for…
    24 April 2018
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