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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.

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, the doctrine of shared care and day to day care has developed at a rapid pace and the Upper Tribunal has recently clarified that the two elements should be treated separately. In effect, you can have minimum shared care but still be awarded day to day care and have no liability under the statutory service. Also, in the past, a big emphasis has been put on Child Benefit but following a Tribunal decision, this is now deemed not be a deciding factor and a Court Order or written Maintenance Agreement must now be considered, regardless of whether it is being adhered to. 

If you have a  Court Order or written Maintenance Agreement, or are involved with the day to day routine of your child's care arrangements, your case could be considered as a Special Case under Regulation 50 of the Child Support and Maintenance Calculation Regulations 2012. It should be noted that when it introduced the legislation, Parliament was actively trying to encourage parents to move away from the statutory service and because of the wide definition of day to day care which now exists, many parents do fall under this Regulation but are simply unaware of it. We strongly recommend anyone who has routine care of their children considers an advice appointment to see if Regulation 50 applies in their case.

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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