[2025] UKUT 027 (AAC)

The Tribunal produced a brief decision notice on the day of the hearing. The Father then requested further written reasons, which the Tribunal produced on 27 November 2023 (albeit that they were unfortunately not issued until 8 January 2024) (the “Detailed Reasons”). In those Detailed Reasons the Tribunal correctly identified the relevant statutory provisions and case law and identified the issues as follows:

“The first appeal concerns the issue of day-to-day care, which was in dispute. The issue to be decided was which parent provided more day-to-day care. There is no current legal definition of day-to-day care. The issue in the second appeal is whether [the Father] is liable to pay child support liability of £43.94 per week, in respect of [his daughter] from 14/03/22.”

Because this decision mainly concerns the adequacy of the Tribunal’s fact-finding and its explanation of how it decided that the Mother had greater day-to-day care of the children, I set out below in full the section of the Detailed Reasons dealing with fact finding:

“Findings of Fact

10.

A Child Arrangements Order made under Section 8 of the Children Act 1989 by consent was made to formalise the arrangements which were established in October 2019. The order sets out how care of the children is to be divided, in terms of how much and for how long, each of the children will spend with their respective parents.

11.

The issue to be considered in the first appeal is who provides the more day to day care. This judgment does not cover every aspect of care each parent gives to the children, but it provides examples which I find show their respective day to day care and who provides the more significant share and why.

12.

Both parents provide day to day care for the children and their respective love for their children is demonstrable. However, I found that [the Mother] provides more in terms of both the practical and emotional needs of the children.

13.

[The Father] explained that he has a routine when the children stay with him. He plans and prepares meals, he eats meals with the children as he thinks it is important to eat together, as they did when they were married. He washes the school uniforms and ensure [sic] they are ironed and pristine for school. He prepares the packed lunches for school. He described doing homework with [his daughter] and likes to chat with the children and listens to their worries. He described the fun the children have when they stay, enjoying hairstyling and fashion shows with [his daughter].

14.

[The Father] attends medical and dental appointments. He pays for her gymnastics at the Benfield centre. He explained that he pays for extra-curricular activities, but he could not continue to pay for [his daughter]’s school dinners or repay the arrears of child maintenance. At no point did [the Father] voice any concerns about the potential effect on [his daughter] of him not paying the school dinners arrears. He was more focused on the financial matters and took quite a rigid approach to what he was made to pay by CMS. He stated that only one parent can book school dinners and as [the Mother] uses the child maintenance to pay for them, he had no obligation to pay. However, the arrears were built up when the case was closed, and I felt that he had not considered this and more importantly how the stress of this may indirectly affect [his daughter].

15.

[The Mother] gave examples of the day-to-day care which she gives to the children. Like [the Father], she is organised and ensures the children look well presented. She emphasised that most of what she does is automatic, and she does not keep a note of it. However, she explained how she organises and forward plans. She purchases their school uniforms well in advance of the new school year, she pays the dinner money: [her daughter] has two school dinners and one packed lunch, which she prepares. She pays for [her daughter]’s gymnastics and [her son]’s junior gym membership and pays for most of the guitar lessons.

[The Mother] described examples of the children returning from the care of [the Father] and [her son] asked her to provide items of stationery for school which he had not felt able to ask whilst in the care of [the Father]. She stated that the children both know that she will drop everything and rush out to get what they need She also explained that they contact her when staying with [the Father] to drop items off at his home because they know she has always been the one to do things for them and they continue to rely on her.

17.

[The Mother] described how she ensures [her daughter]’s long hair is cared for properly. [The Mother] ensures [her daughter] is in a good routine of washing, drying and she straightens her hair. She described cutting their nails and other personal care such as buying spot creams, deodorants, and hair treatments for the children. She also explained that she had to pay for the children’s school meals as [the Father] refused to pay them. The school dinners went into arrears and despite asking [the Father] repeatedly to contribute to the costs of school dinners he would not do so. The school contacted [the Father] to pay a share of the arrears, but he had not done, so [the Mother] paid the arrears in full because she did not want it to affect [her daughter] adversely if the school withdrew meals.

18.

The children also both require her input when they are upset or worried. She provided examples of the emotional support she provides to the children on a day-to-day basis. She explained that every night she sits with the children, and they discuss their day. She described how much the children enjoy this time. She explained that when [her son] is quiet, she takes the time to sit down and ask him if he [sic] ok. She described that she lends him an ear and they both take comfort from that. She mentioned that [her daughter] is very hormonal and gets emotional some days. [The Mother] described how her part-time working hours enable her to spend time with the children when they return from school and to establish a good routine. She makes their dinner early every night so [her son] can go to the gym. She spends time with [her daughter] doing craft books and they sit and chat and cuddle. She described a secure, comfortable, loving home environment for children.”