Csa imposes arrears payment liability

LizzieS_2

I agree pwc parents probably get more contact than nrp parents.

Other granny would easily get a contact order, due to help from pwc.

It would end up with 2 granny's for weekends and nrp showing himself up for what he is, after CAFCASS have discovered the truth of what the nrp's contact really is.

If the pwc was so minded, it could happen, but like me and many others she probably just sits back waiting for the little darlings to see how much daddy really wants time with them.

Loopy's friend is the opposite to your idea of a father, hence the first comment I made.

Kimitatsu

Speedster however is right - legally the father has done his bit, if he picks the child up and then takes it to Granny, the child can stay at Granny's whilst the NRP goes out because that is two days of contact. The CSA count that as two days, the court so far has not got involved, it would only be if the contact was blocked and an order sought that a CAFCASS officer would become involved. Even then I think you would find it difficult as the NRP could claim they had no room at their own property so child stayed at Grandparents etc, the court is keen to maintain ties with the NRP in whatever way they can, and however frail sometimes.

Interesting point though speedy that the assessment should be on the order not anything else, OP have you sent the CSA a copy of the order? Regardless of whether you have had the children overnight, it can take time to get an order enforced and so there is a case to argue that as an NRP you should not be penalised for the time the courts take.

Fluffer

(Interesting point though speedy that the assessment should be on the order not anything else, OP have you sent the CSA a copy of the order? Regardless of whether you have had the children overnight, it can take time to get an order enforced and so there is a case to argue that as an NRP you should not be penalised for the time the courts take.)
Does anyone have any experience of successful appeal where court order has been produced to CSA and have they taken into account the time the courts have taken?

This is so frustrating - it seems the NRP doesnt have any rights at all in the CSAs eyes except the obligation to pay.

chall1964

Kimitatsu wrote: »

- legally the father has done his bit, if he picks the child up and then takes it to Granny, the child can stay at Granny's whilst the NRP goes out because that is two days of contact.

To qualify as shared care with the CSA/CMEC - The care must be provided by the NRP overnight and the NRP must stay at the same address as the child.

Loopy_Girl

speedster wrote: »

if the kids enjoy being at granny's then what's the real issue?? it's still contact blocking and it's still wrong.

Yes it is contact blocking imposed BY THE NRP. He told her, and in front of their son, me and my daughter, that the only reason he takes him for the weekend is so that his entitlement is dropped 2/7.

Nothing wrong with being at Granny's except the wee lad is desperate to spend time with his Dad.

I do hope you have read my post carefully and aren't assuming that there is PWC contact blocking - there is so not.

Every Friday she happily waves him away and then every Sunday she has to sit and listen as Daddy was 'too busy' to spend the weekend at the house with granny but 'soon'.

Loopy_Girl

chall1964 wrote: »

To qualify as shared care with the CSA/CMEC - The care must be provided by the NRP overnight and the NRP must stay at the same address as the child.

Not true.

As in the case I am talking about, the NRP still stays with his Mum and the CSA are aware that he is 'out' every weekend but state that as the child is staying at the NRP address then who is caring for him is irrelevant.

But if you want to provide me with evidence to the contrary that I could print off and then give to my friend to use as she wishes, then that would be great.

chall1964

Loopy_Girl wrote: »

Not true.

As in the case I am talking about, the NRP still stays with his Mum and the CSA are aware that he is 'out' every weekend but state that as the child is staying at the NRP address then who is caring for him is irrelevant.

But if you want to provide me with evidence to the contrary that I could print off and then give to my friend to use as she wishes, then that would be great.

For your 'friend'..

http://www.opsi.gov.uk/SI/si2001/20010155.htm

Shared care
7. - (1) For the purposes of paragraphs 7 and 8 of Part I of Schedule 1 to the Act a night will count for the purposes of shared care where the non-resident parent -

(a) has the care of a qualifying child overnight; and

(b) the qualifying child stays at the same address as the non-resident parent.


(2) For the purposes of paragraphs 7 and 8 of Part I of Schedule 1 to the Act, a non-resident parent has the care of a qualifying child when he is looking after the child.

Loopy_Girl

Not quite sure what you are getting at with the 'friend'...I have no doubt you have trawled through my previous posts and will know that I have a fully non compliant NRP who doesn't want, and has never wanted, contact.

But thank you for the info. It's very helpful and I will pass it on to her.

LizzieS_2

Reading between the lines, the nrp lives with his mum 5 days a week and goes off to g/f house for 2 days he has son? The csa seem to be assessing based on the mums house being the address, when in reality he has to be there too on those nights to qualify under csa's own rules.

Contact Orders are not set in stone - they can be changed. Whether there is one or not in your friends case, it may be worth approaching the court to create an order for their sons interests - by the sounds of it, even 2 hours in a contact centre would prove more contact for the son with his so called father!

I too found it interesting that the csa use contact orders above anything else - Speedster's comment over that seems very opposite to what we read every day.

Loopy_Girl

LizzieS wrote: »

Reading between the lines, the nrp lives with his mum 5 days a week and goes off to g/f house for 2 days he has son? The csa seem to be assessing based on the mums house being the address, when in reality he has to be there too on those nights to qualify under csa's own rules.

Are you asking me? (sorry, have hi-jacked thread which ws so not my intention, I was merely hoping to impart some advice that the CSA had gave to someone which may help in this case so this will be my final post on it)

He stays with PWC 5 nights a week. NRP picks him up for 30 min journey to his house (which is also his Mum's i.e Granny) and then he goes for the weekend. That is the last the child sees of NRP until the following Friday as he is cared for by NRP granny and another family member brings him home.