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Shared Care & Day to Day Care

Shared Care & Day to Day Care - Exceptional representation from the UK's leading experts in Child Maintenance Law.

The concept of Day to Day Shared Care was introduced under the 2012 Child Maintenance Legislation. Day to Day care is different from 50/50 shared care. This is where many parents go wrong when asking the CMS to consider Day to Day care.  The original concept was designed for parents who wanted to make a family-based agreement away from the CMS, so in practise parents who enjoy 50/50 Day to Day Care should not even have a CMS case.  

Those parents who use the CMS and believe they have 50/50 Day to Day care usually have to go through the appeals process to get the CMS to implement the right decision. This is because the CMS take a very simplistic approach and consider Child Benefit, Doctor/Dentist registration as key factors, this is wrong in law. Like most CMS decisions you will only get one attempt at appealing it and that is why we strongly recommend you seek our help and guidance

Durham Legal Services is renowned for its expertise on Shared Care and Day to Day Care issues. In particular, Mike Smith LLB has more than 20 years' experience in this type of case and has represented parents throughout the United Kingdom to a successful conclusion. Mike is seen as the foremost expert in the area of Shared Care and Day to Day care and was the leading lawyer in both Upper Tribunal cases which now form the legal test governing Shared Care arrangements under Child Maintenance Law.

Since 2014, Durham Legal Services have developed a number of tests that satisfy the Upper Tribunal case law. This has allowed us to produce a number of tools that help our clients to prove there claim that Day to Day Care exists.  These tools are unique to Durham Legal Services and have now been full recognised by Tribunal Judges as creditable when deciding Regulation 50 cases. 

Day to Day care, the legal test.

Day to Day care is a phrase in common use and, as such, does not have a clear definition and Parliament has made a decision not to give any such definition. However, there are three Upper Tribunal decisions which give some form of legal test for day to day care. Mike Smith, our senior partner, represented parents at two of these cases (GR v CMEC and CCS/2014/2016)

1.       CCS1911/2001 R(CS) 11/02 Mr E Jacobs

2.       GR v CMEC (CSM) 2011 UKUT 101 AAC UT Judge Wikely

3.       CCS/2014/2016 CCS/2014/2016 UT Judge                                                             

To be successful with a day to day case, we must look at a number of things. The starting point is a Court Order or formal agreement but if no such document exists or does not reflect the actual care given, then we need to build a case and crystallise evidence on the following issues: Mental attitude towards the child; decisions about the child's health and welfare; decision-making about the child; decisions about the necessities of life; decisions about control and protection. All of these areas are already complex and when care by proxy is added to the mix, we are sure you will agree you need proper legal help. Please remember as well that a Regulation 50 case doesn't automatically mean you don't pay maintenance, it just means you don't pay maintenance via the statutory service and if not dealt with properly, you could be at risk of a Family Court maintenance claim which puts you in a worse position. 

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