Pick your brains....

hamstercheeks_2

Hi

I'll try n keep this short. Partner was seeing his kids up until last August then his ex decided out of nowhere (against court recommendations) that he wasn't to see them again - zilcho nada nought!

So he receives a letter yesterday from the CSA trying to up his payments because he 'has them overnight - 0 nights'.

He is going to appeal but surely if the court recommends residential contact and he's paying maintenance in accordance with that - if his ex breaks that order - he shouldn't have to bear the financial brunt??

any advice greatly appreciated.

frugallass

surely he's not paying to see his kids but is paying his contribution for their upkeep

I hope my ex doesn't see my daughter as a 'financial brunt'

Zara33

Why has your OH not gone back to court about the ex breaking the order?

Kungfukitty

I think hamstercheeks is saying that, like with our situation, the PWC is using the CSA to get more money from her ex and has stopped contact in order to do this. She is using her kids as a tool to increase her financial wealth

I agree with hamstercheeks! The value put on contact time with the NRP is worth its weight in gold. The CSA should have some vetting system to weed out vengeful, spiteful PWCs who will use their kids and the CSA to get what they want. CSA should be spending their resources on finding absent parents not those who love and want to support their families in more ways than through their pockets.

He is going to appeal but surely if the court recommends residential contact and he's paying maintenance in accordance with that - if his ex breaks that order

She could be prisoned for doing so! He should be seeking this and be pushing for the court order to be enforced. But there are more chances of the CSA developing a conscience, a heart, justice and a duty of care, than there is of getting these types of court orders enforced.

Good luck and I hope you get it sorted!

hamstercheeks_2

frugallass wrote: »

surely he's not paying to see his kids but is paying his contribution for their upkeep

I hope my ex doesn't see my daughter as a 'financial brunt'

he doesn't have a problem at all paying for them but he does have difficulty in dealing with NO contact with them whatsoever - even against what a judge has recommended!

He's already hurting as a consequence of not seeing them and yes she is just using the CSA to get more money and rub salt in the wound.

Already spent £lots trying to sort this out - no money left

hamstercheeks_2

Zara33 wrote: »

Why has your OH not gone back to court about the ex breaking the order?

he went to see a solicitor - sol says you can spend mega mega bucks if the PWC doesn't want contact it's nigh on impossible to get it.

just cleared our feet of all the debt associated with this last summer

hamstercheeks_2

Kungfukitty wrote: »

I think hamstercheeks is saying that, like with our situation, the PWC is using the CSA to get more money from her ex and has stopped contact in order to do this. She is using her kids as a tool to increase her financial wealth

I agree with hamstercheeks! The value put on contact time with the NRP is worth its weight in gold. The CSA should have some vetting system to weed out vengeful, spiteful PWCs who will use their kids and the CSA to get what they want. CSA should be spending their resources on finding absent parents not those who love and want to support their families in more ways than through their pockets.



She could be prisoned for doing so! He should be seeking this and be pushing for the court order to be enforced. But there are more chances of the CSA developing a conscience, a heart, justice and a duty of care, than there is of getting these types of court orders enforced.

Good luck and I hope you get it sorted!

She won't be prisoned - we've been told this by a solicitor. Judge may give her a slap on the hand - if she even decides to turn up for court - she doesn't have to!

thanks for your support. He's drained emotionally with not seeing them.

hamstercheeks_2

also the letter he got made it sound like he doesn't want anything to do with them - very very much on the contrary!

frugallass

from what I could make it seems that the OP's partner is more interested in stopping payments ('financial brunt) than seeing his child - if there is a court order in place he should be reporting the fact that the ex has not adhered to it

if I have read it wrong then I apologise

Pee

This is very sad.

It is the case that whether your partner wants to see the children or not he should be paying CSA, but it seems very unfair that he needs to pay CSA when she is not playing fair re: the contact. Unfortunately, the two are entirely separate, so he does need to pay the CSA and he does need to keep trying with the contact.

If parents do put what they want before the children, it does make it almost impossible for someone to maintain a relationship with their children.

koolmummy

No need to spend megabucks, no need for a solicitor he can represent himself at court in contact proceedings.

Have a look at the FNF ( families need fathers) website and consider joining.

It is almost unheard of for a father to make an application to the courts for contact and not get it these days. New powers are now available to the courts to impose penalties upon RP's who fail to make the children available for contact. These laws came in 08/12/08, the court can order that the ex do community service, pay fines, attend parenting classes if the court feels that it is necessary. I am surprised that a family law solicitor has told your partner this, although it is true to say that it is very unusual for a RP to be jailed for breaches of contact orders.

If you partner wants to see the children and he already has a contact order that was ordered prior to 08/12/08, he needs to complete a C78 form available from the court office or online at the HMcourtservice website. Complete the form, file at the court, fee is £40. this will attach a warning notice to the contact order outlining the penalties that the court may impose if the order is broken. No hearings are necessary at this stage.

At the same time, write to the ex saying he wants to see the children and if she continues to withhold contact then he will have no choice but to return the matter to court. Keep the letter friendly, i.e it is in the best interests of the children to have a relationship with both parents.

If the ex is still not allowing contact then he would then need to file a C79 to the court which is the application to enforce the court contact order.
The courts are very used to people representing themselves these days, there is loads of help and support available online if you need it.

My understanding of the CSA situation is that the CSA will take the word of the PWC. If your partner has court order giving overnight contact and he is not having it then they will increase his payments. It's a ridiculous system and may PWC will reduce contact time in order to get more money.

Good luck