Equal Parental Responsibility - What counts as days with parent?

[CCK1]

When we separated it was agreed that we would have joint/equal parental responsibility. In short, the kids would spend the same amount of time with each parent and the cost for trips, clothes, school things split equally. This has been working OK.

Each parent has the children for 15 or 16 days a month with some flexibility (we're keeping things amicable). My divorced parents have the kids for a sleepover once or occasionally twice a month so I may only have the kids 12 or 13 days actually 'sleeping' at mine but they are with my family and I am responsible for them.

The question is, could the OH argue I am not having the kids 'sleeping' at mine for exactly half of the time and seek child maintenance payments? It may not be an issue but the kids mentioned they do not sleepover at their other grandparents anymore, which is most unusual.

The question is, could the OH argue I am not having the kids 'sleeping' at mine for exactly half of the time and seek child maintenance payments?

Caveat - not legally qualified ... But I would say no. Regardless of where the children sleep, this is on your contact time when you remain responsible for feeding and clothing them.

Actual answer - yes. The amount will be reduced based on the number of nights the children spend with you each year. For 104 to 155 nights it is reduced by 2/7ths, for 156 to 174 nights it is reduced by 3/7ths. Note that, for child maintenance purposes, it is nights that count, not days.

If the answer is yes, the children must be physically located at my house for half of the month, then that is unfair on Grandparents. The OH is unlikely to give up their time to allow Grandparents a proportion of the month. What about kids having sleepovers at friends? Madness!

Another point. If the OH takes the children away for long weekends, summer holidays etc., it becomes difficult to actually achieve exactly half. Is that considered? For example, the kids went away at Easter for 11 days so I only had them for about 10 'nights' that month as we maintained the normal equal sharing arrangements for the rest of the month. I am now concerned that being 'understanding' may cause me a problem further down the line if things do not remain amicable.

There are some key questions to consider first:
Who claims child benefit
What address us used for school
What address for doctors/dentist
Is there a disparity in caring hours

I would say no. If the children are at your parents for a coup,e of nights, he is not having them more than 50% so can't claim maintenance.

There are some key questions to consider first:
Who claims child benefit - The OH
What address us used for school - My address unless it has been changed
What address for doctors/dentist - My address unless it has been changed
Is there a disparity in caring hours - Varies depending on work.

Unless he organises the sleepovers at your parents, I don't think that he can claim.

With regards to the holidays- how often does he repay the favour and have the kids less than you? If it cancels out over the course of a year then it's still 50/50. If you never go away or he goes away frequently then he can claim Cm if he has the kids at least 52 nights a year more than you.

If you have more than one child, one parent claiming for one child each is probably the best/fairest way to go. (I'm assuming 2 kids here)

We have two children.

Holidays - The OH has a wide social group and they go away on camping weekends, shared houses, etc. I have been fairly understanding but it is adding up, but I do not want to argue.

I also do not want my Mum and Dad to not have the kids overnight, occasionally.

It's all a bit crazy and I am worried now.

If the answer is yes, the children must be physically located at my house for half of the month, then that is unfair on Grandparents

I'm afraid that is the way the regulations are framed. If you are the non-resident parent, a night counts towards reducing maintenance entitlement if you are looking after the child and the child stays at the same address as you. So nights with the grandparents count if you stay there as well but not if you don't.

So as the other parent claims the child benefit they would be in a stronger position as per any maintenance claim.

If you are the non-resident parent

We have an agreement that we are equal residential and equal parental rights. This is splitting hairs over days and this could change year on year.

It sounds like you need to keep a count or get your days back from him. So if they are with him 11 nights on the trot then you have 11 nights on the trot then return to the routine perhaps.

I would definitely change the child benefit claim to each parent claiming for one child each.

I’d assumed the OP is the dad and trying to consistently ensure he doesn’t want to go over 50%. I would definitely know what address the school and doctors was registered in regardless.

I'm not sure where others are getting information from. But nights with your parents absolutely do not count as reducing your contact time. If you want clarification, CMS will advise you of the same over the phone.

It's your contact time. It does not reduce your "number of nights".

I’d assumed the OP is the dad and trying to consistently ensure he doesn’t want to go over 50%. I would definitely know what address the school and doctors was registered in regardless.

Welcome to 2019! I am the Mother and yes I earn a bit more than HE does which is why it made sense for him to claim the benefit as his income is below the threshold.

I know the children have been registered at my address for years and still should be unless he changed them, which is unlikely but possible.

We have a reasonable balance, money is sorted (for now) and I do not want things to become unfair or awkward.

Thank you all for your comments and advice. I guess there are a lot of 'grey' areas on what counts as 'your' time - contact, care, nights with you or other 3rd parties.

We have joint responsibility and the kids are happy. Hopefully I wont need to restrict my parents from having the kids from time to time.