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Getting overnight residence
#1
I am not married to my ex partner and my daughter is 19 months old but due to issues with my exs 16 year old son and the fact that we were not happy living together hence the reason in the breakdown in our relationship. I see my daughter pretty much 7 days a week when I finish work and have her 2 days a week during the day when my ex works and have paid maintenance since day 1, as well as providing for her as I should anything she needs, but I am always running up to my exs to see my daughter which we both agree is not healthy as the relationship is pretty much dead in the water although we do spend days out together with my daughter also, but as I said it is not healthy and I would like my daughter to spend a couple of days a week living with me but my ex says she does not want her staying anywhere else although she is at my house frequently and knows it well, I would appreciate any advice or similar experiences from anyone on what to do as I know if I start legal proceedings etc it is not going to go down well and quite frankly I am a bit unsure of my rights also.
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#2
(05-27-2017, 09:30 PM)alanscott1uk Wrote: I am not married to my ex partner and my daughter is 19 months old but due to issues with my exs 16 year old son and the fact that we were not happy living together hence the reason in the breakdown in our relationship. I see my daughter pretty much 7 days a week when I finish work and have her 2 days a week during the day when my ex works and have paid maintenance since day 1, as well as providing for her as I should anything she needs, but I am always running up to my exs to see my daughter which we both agree is not healthy as the relationship is pretty much dead in the water although we do spend days out together with my daughter also, but as I said it is not healthy and I would like my daughter to spend a couple of days a week living with me but my ex says she does not want her staying anywhere else although she is at my house frequently and knows it well, I would appreciate any advice or similar experiences from anyone on what to do as I know if I start legal proceedings etc it is not going to go down well and quite frankly I am a bit unsure of my rights also.

First of all, paying of Child Support has no bearing on the outcome of a Child Arrangements case. Its only one the arrangements are made, that they are considered as part of the calculaton.

As the child is under 2 in a Court case you would normaly only get 4-6 hours, over 1 or 2 days. This is due to Courts supporting the Goverments poliocy on promoting brest feeding. This would be you collecting the child, and it would be your choice of location and activity and then returning the child.

With you having PR, your on the same legal standing and there is no need or legal reason why your ex should be present. Once a Child Arrangements Order is made, you out rank you ex in the time the Court puts the child in your care for.

Given that your child is 2 in 5 months, and that your getting more contact than what a court would give you right now, but with the ex present, you need to decide on to start the legal process now, or wait.

From 2 Staying Contact can happen. The child must have their own bed, but until 10 years old, is acceptable to share a room with you. Children over 10 should only share with someone of the same sex, but in a Contact Situation, using a living room to sleep in if fine, if no gas fire.

The starting point is Friday till Sunday where it suits the avalibiltiy of the non resident parent, every 2 weeks, and also up to half the school holidays. This is in effect half the quality time.

Shared care can be done where workable, by adding in mid week visits or overnights.

Note that once you get staying contact, in a CMS case the amount goes down.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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