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Does anyone know what \"responsibly incurred\" means

  • juttabeck
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06 Mar 08 #16011 by juttabeck
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Hi

Almost (fingers crossed) at agreement - BUT, one of the clauses says my partner is liable for 50% of all "responsibly incurred" childcare costs.

What on earth does responsibly incurred mean? Is there a legal definition that we are not aware of?

Is it reasonable to assume that this means:

1. He is notified in advance of what the costs will be (and not stung for 6 months at a time or when she feels like telling him)
2. He is offered the opportunity to provide the childcare himself.
3. He is given a receipt for the costs so that he has proof for his tax return of what he has spent, and that the childcare actually occurred at the claimed cost.

Or is there some more subtle meaning here that I am missing? Any help would be much appreciated.

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06 Mar 08 #16021 by Fiona
Reply from Fiona
I don't think assumptions can be made. My interpretation is the childcare costs will be responsibly incurred ie morally acquired.

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07 Mar 08 #16075 by juttabeck
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Fiona

My worry here is that she is refusing to allow the children to come and stay here, and then sending them to paid childcare and telling my partner to foot the bill.

This means she is effectively holding him to ransom and asking him to sign a blank cheque?

It is in this kind of case where I am assuming that such bills are not responsibly incurred, becuase there is a cheaper and more responsible way to do it (ie being looked after by a parent)????

Does that make sense?

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07 Mar 08 #16106 by Fiona
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Finances and child arrangements are separate. Personally I think it's a good idea if the other parent has first refusal to look after children when a parent is unable/unwilling, but unless the parents can agree between themselves it doesn't work like that. Each parent is responsible for how the children spends their time when the child is with them. See below.

So the issue is really childcare costs. IMHO "responsibly incurred" is open to interpretation and needs definition.

It is a basic principle that, post separation, each parent with parental responsibility retains an equal and independent right and responsibility to be informed and make appropriate decisions about their children. However, where children are being looked after by one parent, that parent needs to be in a position to take the day-to-day decisions that have to be taken while that parent is caring for the children. Parents should not be seeking to interfere with one another in matters, which are taking place while they do not have the care of their children. where children are being looked after by one parent, that parent needs to be in a position to take the day-to-day decisions that have to be taken while that parent is caring for the children. Parents should not be seeking to interfere with one another in matters, which are taking place while they do not have the care of their children...................

1. Decisions that could be taken independently and without any consultation or notification to the other parent.

    How the children are to spend their time during contact

    Personal care for the children

    Activities undertaken

    Religious and spiritual pursuits

    Continuance of medicine treatment prescribed by GP

2. Decisions where one parent would always need to inform the other parent of the decision, but did not need to consult or take the other parents views into account.
    Medical Treatment in an emergency

    Booking holidays or to take the children abroad in contact time

    Planned visits to the GP and the reasons for this

3. Decisions that you would need to both inform and consult the other parent prior to making the decision.
    Schools the children are to attend, including admissions applications. ....

    Contact rotas in school holidays

    Planned medical and dental treatment

    Stopping medication prescribed for the children

    Attendance at school functions so they can be planned to avoid meetings wherever possible

    Age that children should be able to watch videos. ie videos recommended for children over 12 and 18.

Shared Residency; A v A [2004] EWHC 142 (FAM)

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