Can anything be done ??

Blonde_Bint

Well i'm going back years and over about a 5 yr period at its most intense this being the point which we spent lots of money on solicitors/courts etc. The nrp dealt with it (i'm nrpp) maybe there are things available now that werent back then. I dont know. But while we were paying all this extra, we were paying csa and still had ongoing costs like mortgage food electric etc

a problem we had back then was as she was entitled to legal aid (we couldnt get it) she was enlisting solicitors alot and the last time we went to court the Judge made a point of mentioning the inordinate amount of times she dragged us to court (also noted the fact she was taking us, we have never once taken her to court that said we may have taken her to court for pr but think nrp did that before/round time we met). and revoked her legal aid (dont know what that means)

Bellio

Blonde_Bint wrote: »

Well i'm going back years and over about a 5 yr period at its most intense this being the point which we spent lots of money on solicitors/courts etc. The nrp dealt with it (i'm nrpp) maybe there are things available now that werent back then. I dont know. But while we were paying all this extra, we were paying csa and still had ongoing costs like mortgage food electric etc

a problem we had back then was as she was entitled to legal aid (we couldnt get it) she was enlisting solicitors alot and the last time we went to court the Judge made a point of mentioning the inordinate amount of times she dragged us to court (also noted the fact she was taking us, we have never once taken her to court that said we may have taken her to court for pr but think nrp did that before/round time we met). and revoked her legal aid (dont know what that means)

Just trying to screw you for every penny she can. Its a shame really but there are some PWC out there that are genuine and fair to the NRP. And also some NRP that are not interested and dont want to support their children. Everycase should be judged on Merit and as individual cases.

Pleased the judge has revoked her Legal Aid though !! Nice one Judge !!!!

Soubrette

Bellio wrote: »

And another thing while im ranting, I think the overnight rule is a load of rubbish too. If ia have our kids all day up until 9pm an a saturday night, they go home sleep and get up the next morning. Why does the PWC need supporting for that. They use noe electric, no food, gas or water all day, when they go to bed heating is off, they not eating, washing etc hence what a load of bull

It is rubbish but to be honest do you think the day one would be any better - at least once a child is settled for a night there is not movement - can you imagine the arguments about where a child was during the day between even honest parents, put a dishonest one into the mix and it would be a logistical nightmare to work out from the CSA's perspective - so it takes the easy (and perhaps the only workeable) option out.

It does work the other way too - I have a friend whose ex gets a 3/7 reduction in maintenance, he picks up his children on Wednesday night about 9pmish (well after tea) - has them over night at his and drops them back off at 7am the next day (before breakfast). He picks them up about 9pmish on Friday night and drops them off at about 8ish (again doesn't give them breakfast) on Sun morning on his way to football or rugby. The PWC accepts this because he has told her that if she doesn't accept it, he will stop all contact :rolleyes: Sometimes he does not pick them up and cancels at short notice, usually if he hears from a mutual friend that she has a date (even though it was him who had the affair).

I tell you this to illustrate the fact that although you are the people being screwed over as the NRPs in your example, exactly the same rule leave some PWCs being screwed over also.

As to the the lies about how often they are at yours - could you take a photo of the children with something dated like a newspaper, it would at least mean you were offering proof of the nights and the ex would have to counter that proof with something (no guarantee the CSA would accept it as proof but it might be worth a try).

Sou

Soubrette

Blob wrote: »

Go to your local Court and get a C100 form and apply to the Court for a Defined Contact Order, and ask for a Penal Notice to be attached as you believe that your ex will not abide by the Order.

I agree with you Blob.

Best to nip things like access denial in the bud - if a PWC knows that you're serious then I do honestly believe that it will stop blackmail like that described in the OP.

If the PWC is going to let you go to court anyway then they'd be the type (imo ) to deny access and be generally awkward in the future.

Sou

Blonde_Bint

Can I ask though, does that mean she will never get legal aid again?

Since that time we have never been to court.

I dont talk to my dh about this because its gone now and finished, it was bad enough at the time. so I dont ask him questions or my wonderings anymore. (case your thinking dopey bint ask the nrp:D)

DUTR

speedster wrote: »

slow down a bit!! court isn't to be taken lightly.

firstly, you will have to prove it is "in the childs best interests" to have overnight stays. tricky if there's any distance between you or any logistical problems and school runs.

then, for a penal notice to be attatched, there have to be a number of proven floutings of the original order. this whole process could take a couple of years.

as far as the original question goes, then yes. my lovely ex's case worker at the good ol' C.S of A kindly advised her to cut my overnight stays so that she's get more, so she did, then proceeded to lie on the contact calendar they sent us both. she only marked 40 odd nights that year when i in fact had getting on for 140.

3 guesses who they believed????? i've spent the last 2 years in court getting contact back and i'm still not there just yet.

get the court order sorted, only today in another post it is accused that this sort of thing does not happen from the PWC.

speedster

it does.

i'm sure i'm not alone in this. i've heard of many other cases.

LizzieS_2

Blonde_Bint wrote: »

Can I ask though, does that mean she will never get legal aid again?

She could still get legal aid again - the point is to show the judge that she is abusing the legal aid system by deliberately avoiding demands of the court. On this score, Blob is right, you do have to keep asking for penal notices etc.

speedster

LizzieS wrote: »

She could still get legal aid again - the point is to show the judge that she is abusing the legal aid system by deliberately avoiding demands of the court. On this score, Blob is right, you do have to keep asking for penal notices etc.

you'll find that if there is evidence of blatant contact blocking and general frustration of contact, a simple letter of complaint to the LSC will see her certificate and funding revoked.

also, there's nothing wrong with applying for a costs order too. the thought of facing another bill may help to kick her into line.