Help with some legal advice about cms and moving away

[isaterror]

Hi
Can anyone with any legal knowledge or been through similar situation please give me any advise on the following:

1. Is it true that if my DD’s dad has 50/50 access he will no longer have to pay any maintenance at all? Before giving up my career to bring our daughter up I supported him financially enabling him to do a phd, now he earns six figures and I work part time so one of us is there for her during the week, but only earn a very small wage. He has recently said he wants to go to court to get a court order for 50/50 care until she is 18 (she’s currently 8) historically he’s always wanted to spend less time with her - but now suddenly he wants more, so is that true about the maintenance stopping?
2. I want to move back to the area I’m from (and where we lived before we had to relocate to for his £100k job) I’m lonely and isolated here, away from friends and what little family I have left but I’m worried he will try to stop me as it would be 2 hrs away from his home and job and as it would involve DD having to change schools I’m worried legally he’d be able to stop me.

I can’t afford a solicitor and am not eligible for legal aid (despite being emotionally abused during and still now after I left him).

Can anyone give me any advice please?

Tia
Xx

@isaterror didn't want to
Read and run. I don't have advise as I'm in a different system (located down under)
Just want to let you know I know how hard and scary it is going through all of this. Is there anyway you could even get 1 hour legal advice?

Thanks @giantnannyknickers thank you so much for replying x that is what I need to do - I just wondered if anyone could shed any light over the Easter weekend and until I can get the advice I’m stressing out xx

In terms of 50/50 and no CMS it would need to be exactly ie three nights one, four nights the other.

Realistically you would have to show to the court that the move would benefit DD, it’s unfortunately not about what would benefit you. You need to show how you would facilitate contact that far away and how it would work. The courts can stop you yes if he disagrees and applies for a prohibited steps order

If you move away then you will be responsible for travel costs for him to see dd.

I am 50:50 with my ex and no maintenance is paid but our salaries aren't that different. Not sure if youd get any with the difference in salaries.

Thank you @Pppppppp1234 and @cocomelon23 it’s worse than I feared regarding moving away, but I appreciate the impartial advice. At least I have a better idea now. Why is everything so hard x

It is correct that, in cases of exactly equal shared care, no maintenance is legally payable (Regulation 50(2) of the Child Maintenance Calculation Regulations 2012).

That does not stop you from coming up with a private arrangement. I have a 50/50 arrangement with my ex, but have chosen to pay her some maintenance anyway (as well as picking up all school costs - trips, uniform etc) because I earn a lot more than her. In truth, she isn't even coming close to paying her own way, but it's important to me to put the kids first.

Moving a child two hours away from a parent is a big deal. The onus is therefore on you to prove that moving would be better for your child than staying. Courts tend to favour the status quo, and with an involved father locally, and with the child settled in local schools / friendship groups etc, you may have an uphill struggle there. @Pppppppp1234 may believe it is unfortunate that the courts don't make this about what the mother wants, but thankfully the legal system recognises that it's the needs of the child that are paramount. They aren't doing that to make it hard for you - they're doing it to make sure your child comes first.