Son staying at grandmas

[Annon2023]

My son stays equal amounts between myself and his dad, but he sleeps over at his grandmas house regularly when in his dads care. I have no problem with this, he loves staying there, but his dad insists it counts as one of his nights. Is this correct? He's not there with our son, he's off out somewhere.
If my son is sleeping out somewhere, I would say it doesn't count as either of our nights? We have come to this argument after he insisted on having our son the same number of nights as me and not paying child maintenance.
Any advise welcomed. Thanks.

Yes it counts. I’d say it’s up to Dad what he does with his time and this falls into that.

That said if you’d like more time with your child you could ask for first refusal if he’s busy. This is what me and my ex do and whilst we don’t have 50:50, we do ‘swap’ evenings often

I’m afraid you’re wrong. Reg 50 is the provision that allows for maintenance to be payable when the nights are split equally if one parent has more responsibility for the child. Reg 50
does not override or change reg 46 or 47

counts as his, I checked and my DC1 sleeps at EXs mum’s house every single one of his nights as he doesn’t have room due to his new partners DC & their new one together.

he’s organising the childcare so it counts as his

Reg 50 has nothing to do with a counting of nights and everything to do with shared care. I suggest you brush up on the JS v DWP decision.

Yes which is exactly why the night at gran’s doesn’t count as Dad’s night

I hope you don’t advise on these cases for a living.

I’m not sure why you think it wouldn’t be classed as his day and wouldn’t be 50:50. Like other posters have said you aren’t providing anything for that night. Even if it is lazy he is welcome to use childcare on his days.

So whose night does it count as? Given that the arrangement would only consider nights with mum vs nights with dad?