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TOPIC: Shared Care

Shared care 4 years 1 month ago #63018

Hi,

My children have decided that they want to spend an equal amount of time with each parent. We have worked out a way in which this works with a few changes to my working times ( work have been good ) that enables us to fulfil this. The outcome is now we share the care of the children for a week at a time with Friday being the change over day. My question is....

How does this effect our maintenance agreement in terms of amount to be paid ? ...and

Can I apply for joint custody/Parental responsibility ?

Thanks in advance

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Shared Care 4 years 1 month ago #63021

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Hi there

Do you pay child maintenance through the CSA at the moment, or do you have a private arrangement?

You can apply for shared residence, but if you already have a 50/50 agreement in place that is working for the children, then taking it through the courts wouldn't make sense and the court may make a no order as they do not like to interfere if private arrangements are seen to be working. It also puts a great deal of strain on the relationship between separated parents, which makes successful co parenting harder to achieve.

As far as Parental Responsibility is concerned , if you are named on the birth certificates and your children were born after December 2003 you will already have PR. if you were married to the mother, even after the children were born,again you have PR.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Shared Care 4 years 1 month ago #63034

Hi

Thanks for the reply, I thought that when finalising the divorce I signed away some form of parental responsibilities or guardianship, which in turn made my ex wife the primary carer.

Does having a 50/50 agreement be it formal or informal negate this previously signed document ?

Thanks again...

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Shared Care 4 years 1 month ago #63036

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You can't sign away your PR...you may have agreed as part of your divorce that the children were to reside with her, but that doesn't effect you basic rights as their father.

Have you considered Mediation to get your agreement down in writing? They would put together a Memorandum of Understanding, although this isn't legally binding it is still a signed agreement.
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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Shared Care 4 years 1 month ago #63048

Thanks for your reply...

It seems that since discussing it and talking it through, my ex has decided after taking legal advice not to change and has quoted my the document we signed when we divorced over 4 years ago.....Now whilst at that time it might have been the best agreement in terms of care for the children, I would now suggest its not what the kids want. They are 10(almst 11) and 13. It was their wishes to spend equal time at both homes.

I wonder what she has told them for not doing it as it seems it has been only her decision.

Can I apply to a court to gain equal shared care......

I can only think the only driving force behind this decision change is a financial one

Thanks again

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Shared Care 4 years 1 month ago #63052

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Given its 4 years since your divorce and things have changed. Your children wish to spend equal ammounts of time with you both then it seems reasonable to invite your ex to mediation and then to court if no agreement is reached in mediation.

Your children are old enough that theyre wishes and feeleings will be taken into account.

Regards,

Dave
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Shared Care 4 years 1 month ago #63054

Hi DaveR and thanks for your reply, I think I will sen her a letter inviting her to mediation and see where that goes. Its my two nights with the kids now so it will be interesting to get their take on the situation, especially as it was their request !!!

I suspect as in many cases, money is the driver here, all im interested in is making sure the kids have a say and get what they want

Thanks

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Shared Care 4 years 1 month ago #63059

Hello Staughtonboy

If you have a family-based arrangement in place you may wish to try to discuss and negotiate your maintenance payments with your ex-wife. Family-based arrangements are not legally enforceable and there are no strict rules or formulas to stick to when calculating child maintenance. Therefore, parents can decide the terms of their agreement to suit their current circumstances.

The Child Maintenance Options website has a useful tools and guides section that you and your ex-wife may find helpful when trying to negotiate your family-based arrangement. This can be found at www.cmoptions.org .

If you have a case with the Government’s statutory scheme you may wish to contact them directly to discuss any concerns you have regarding your payments. You will find their details on any letters they have sent you or on Gov.uk at www.gov.uk/child-maintenance .

If you have a Consent Order/Minute of Agreement in place you may wish to see what is stipulated within your agreement about your maintenance payments. Alternatively, you may wish to seek legal advice as to where you stand with this.

In regards to you wanting to apply for shared care for your children you may want to seek legal advice regarding this. Citizens Advice Bureau (CAB) provides free information and advice on topics such as legal, housing and debt. Please check website to make sure this number is correct for your area. Some local CAB's still retain their own telephone number. To find your local CAB, look in the phone book or click on 'Find your local CAB' on the website. Advice Line (England): 0844 411 1444. Advice Line (Wales): 0844 477 2020. Website: www.adviceguide.org.uk .

The Scottish Government. Website: www.scotland.gov.uk .

For more information on the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website.

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation .

Regards

William
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This information which Child Maintenance Options has provided is not a substitute for independent professional advice and users should obtain professional advice relevant to their particular circumstances.

Please note: the Child Maintenance Options team cannot answer any questions relating to a specific CSA or Child Maintenance Service case
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