Warrant for arest. will hubby go to jail?

kelloggs36

I agree - the legislation allows them to presume parentage - if he was offered DNA testing initially (which he should have been as the form gives the ANRP the opportunity to deny they are the parent), and he failed to comply then the CSA can presume parentage whereby the ANRP then has to comply or get DNA testing done privately. If he says he was never contacted in the first place then he will need to provide evidence of where he was living (presumably elsewhere from the MEF issue address). If he can't or was living at the address where the MEF was sent, then the CSA will be totally within their rights to pursue him to the bitter end.

Orson_Cart_2

Sensemaya wrote: »

Please would you be kind enough to locate this precedent and provide the link?

Thanks.

I had a feeling someone would ask for it and I have spent the last 20 minutes searching BAILII.

I discovered it several years ago before my I was given a tribunal, I was being committed to prison and I candidly said to the magistrate, ok fine, send me to jail!. After consulting his bench, the magistrate decided its not conducive to public good to send a working family man to prison. I was given the feeble contact a solicitor excuse and asked to leave court, the usher handed me an A4 of solicitors contact details.

The magistrate seemed concerned of the consequences of a tribunal quashing a CSA liability after being sent to prison. There was mumblings from the bench of a precedent, nothing to do with CSA, I think council tax, and I searched for it on the internet.

My tribunal gave me a meager £31,000 payout from the CSA, but If I had been sent to prison, the award plus compensation would have been six figures according to previous awards given in unlawful imprisonment claims.

I think the OP might be in the situation her husband wants to go to prison. It might be to replenish his contacts or find new clients, and in any event he gets automatic benefits on release, and if he is homeless, he goes to the top of the housing list before HM prison service releases him.

Sensemaya

Orson_Cart wrote: »

I had a feeling someone would ask for it and I have spent the last 20 minutes searching BAILII.

I discovered it several years ago before my I was given a tribunal, I was being committed to prison and I candidly said to the magistrate, ok fine, send me to jail!. After consulting his bench, the magistrate decided its not conducive to public good Yes - they always use that one as a handy get out to send a working family man to prison. I was given the feeble contact a solicitor excuse and asked to leave court, the usher handed me an A4 of solicitors contact details.

The magistrate seemed concerned of the consequences of a tribunal quashing a CSA liability after being sent to prison. There was mumblings from the bench of a precedent, nothing to do with CSA, I think council tax, and I searched for it on the internet.I'm quite surprised it was a magistrate and not a judge.

My tribunal gave me a meager £31,000 payout from the CSA, but If I had been sent to prison, the award plus compensation would have been six figures according to previous awards given in unlawful imprisonment claims.

I think the OP might be in the situation her husband wants to go to prison. It might be to replenish his contacts or find new clients, and in any event he gets automatic benefits on release, and if he is homeless, he goes to the top of the housing list before HM prison service releases him.

You may have a very good point in thinking OP's hubs wants to go to jail.

Orson_Cart_2

He could well have been a Judge, smart business attire, very articulate etc, but the CSA document said to attend a magistrates court.

Its not new that parents use committal prison legislation to create a money trail.

The OP doesnt have too much to worry about at his committal proceeding, he can challenge the accuracy of the assessment and the CSA's case is dead in the water and unenforceable - PJG v Child Support Agency [2006] EWHC 423 (Fam) Justice Munby.

Even if he is sent to prison, he will have better privilidges than convicted prisoners, e.g. own clothes, visits, use of phone, internet and fast-track access to benefits/housing on release.

WhatNow?_2-2

I did something i shuldnt have done. i went to my house and looked through his stuff while hubby was out. the letter from cell lab say both test are positive. the girls are his daughters. i left him a letter. he has 48 hour to own up or he must pak his bags and leave. i cannot be married to a man who wont be involved with his children. if needs be i will call the csa and give them my adress. as a civil servant if it is known i helped him to hide i will lose my job. if i lose my job i will lose my house.

borders_dude

WhatNow? have you thought about appearing on the Jeremy Kyle show? You situation sounds like its come straight from one of his shows!

Sensemaya

WhatNow? wrote: »

I did something i shuldnt have done. i went to my house and looked through his stuff while hubby was out. Don't feel guilty. I would have done the same given how he is treating you. the letter from cell lab say both test are positive. the girls are his daughters. i left him a letter. he has 48 hour to own up or he must pak his bags and leave. i cannot be married to a man who wont be involved with his children. if needs be i will call the csa and give them my adress. as a civil servant if it is known i helped him to hide i will lose my job. if i lose my job i will lose my house.

I don't really know what to say to help you get through this. It is just appalling amd my thoughts are with you.

Please do keep posting as I'm sure it will give you strength and it helps to talk it through - even though everybody here are strangers.

Stay strong.

((((hugs)))

Sensemaya

borders_dude wrote: »

WhatNow? have you thought about appearing on the Jeremy Kyle show? You situation sounds like its come straight from one of his shows!

Given what the OP is going through I think your comment is rather insensitive.I'm sure the OP has no wish to air her troubles on a daytime show of that kind.

Best the OP stays here where she remains anonymous.

Sensemaya

Orson_Cart wrote: »

Even if he is sent to prison, he will have better privilidges than convicted prisoners, e.g. own clothes, visits, use of phone, internet and fast-track access to benefits/housing on release.

Sounds great! Can you suggest anything I could do to get in an open prison for a couple of months or so? :rotfl::rotfl::rotfl:

lynzpower

borders_dude wrote: »

WhatNow? have you thought about appearing on the Jeremy Kyle show? You situation sounds like its come straight from one of his shows!

Im not sure this is too helpful

The poor womans life has come crashing down, tell me how your remark is helpful :rolleyes:

OP for what its worth you are doing what I would have done, I resisted saying this earlier, I could not allow him to get away with it for all the reasons you give. I think its the right thing to do.

I feel for you OP. x