Moving away and CSA? Pls Help

Amy12345_2

My partner currently has a court order which states he is to see his daughter 3 days per wk, averaged over the year. This has been in place for over 3 years now. We have just found out that his ex intends to move his daughter to Cornwall which is over 200 miles away from where we live. My partner can't afford to get another court order in place and why should he when it is her breaking it in the first place and she has no intention of taking it back to court either.

What I was wondering is when they move, can the CSA take more money from him even though he does not want this move to go ahead and she is doing so against his will and without changing the court order. He does not currently pay through CSA but she contacts them every so often to see if she is entitled to any more money. My partner does currently overpay as a goodwill gesture but I understand this wont count????. Advice greatly appreciated.

kelloggs36

Presumably he won't have his daughter overnight, so he will pay 15% of his net income - if he pays this already, then no, he won't have to pay any more.

chriszzz

Amy12345 wrote: »

My partner currently has a court order which states he is to see his daughter 3 days per wk, averaged over the year. This has been in place for over 3 years now. We have just found out that his ex intends to move his daughter to Cornwall which is over 200 miles away from where we live. My partner can't afford to get another court order in place and why should he when it is her breaking it in the first place and she has no intention of taking it back to court either.

What I was wondering is when they move, can the CSA take more money from him even though he does not want this move to go ahead and she is doing so against his will and without changing the court order. He does not currently pay through CSA but she contacts them every so often to see if she is entitled to any more money. My partner does currently overpay as a goodwill gesture but I understand this wont count????. Advice greatly appreciated.

We wonder why NRPs get so disheartened!!! Could you imagine if the shoe was on the other foot, there would be merry hell to pay!!

If a child/ren have a good relationship with both parents you would think that in this day and age there would be a law in order for the best interest of the child and not just the pwc.

Looks like from now on you will be paying more to see less of the child.:(

nannytone_2

but wouldnt he be allowed an 'allownace' to cover extra travelling costs etc?

chriszzz

nannytone wrote: »

but wouldnt he be allowed an 'allownace' to cover extra travelling costs etc?

If he his seing his child regularly and paying maintenance, why should this be took out of his hands, where is his rights as a parent? He should be able to have a say in the best interest for his child, should he just be happy to have an allowance for travel? What about the bond he has with his child, the time they spend together? What is going to compensate their relationship? Am sure the travel allowance will compensate for that!

What about what the child wants? Far to often the child has no say!

woody01

chriszzz wrote: »

If he his seing his child regularly and paying maintenance, why should this be took out of his hands, where is his rights as a parent? He should be able to have a say in the best interest for his child, should he just be happy to have an allowance for travel? What about the bond he has with his child, the time they spend together? What is going to compensate their relationship? Am sure the travel allowance will compensate for that!

What about what the child wants? Far to often the child has no say!

That's the problem.
As long as he is emptying his wallet every month, no one else gives a flying **** about the child.
The mother obviously doesn't care about the emotional well-being either.

clearingout

you could take this back to court - you don't need a solicitor to do that - although the odds of winning are probably very slim. But an established pattern of good contact over a 3 year period is very much the 'status quo' and judges on the whole don't like to deviate from this unless there is good reason. Indeed, in a worst case scenario for mum, a judge could order the daughter live with you full time (I say 'could'...it's unlikely).

firstly, why is mum moving? some parts of Cornwall are very hard to get to - is she trying to be difficult about contact? does she have a job offer down there? does she have family or a new partner down there? what arrangemetns have been made for housing and schooling and afterschool activities? How old is the daughter? what does the daughter think about moving? what suggestions has mum made for contact and how it should continue in the future?

Your partner could ask for a Prohibitive Steps Order to be put in place whilst the issue is investigated by CAFCASS -this would stop her moving in the short term at least. These are relatively easy to get - my ex got one on me on the basis that I had family 300 miles away and nothing else (I had not threatened to move - all I did was suggest we needed our eldest child to come out of private school as we couldn't afford it anymore so I ended up in court!). As you have a court order with contact, I can't see a judge saying no to such an order. Do you have evidence that the mother is moving? has she written to you? this would be useful in court. CAFCASs would get involved and do a report - depending on the age of the child, her wishes would be taken into account.

I guess you would need to be united with your partner in taking this issue further. You would be basically saying the daughter should live with you full time - is this something you would both want? Parents with Care are generally not stopped from moving so it would be a fight. Your efforts as a couple might be best concerntrated on making sure that relationships between your partner and the ex are maintained as well as they can be and focus on getting the best possible 'deal' for contact. Court will make things far less amicable....

Amy12345_2

Thanks for all your messages. Its just a very bad situation. My partners ex has had no discussion around arrangements once the move goes ahead and she has said she is not prepared to share travel.