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How to prove contact?

Hi Everyone,

I have a court order for overnight contact from Friday afternoons until Monday mornings.

Previously i would work overseas alot, but now am based in the uk, and have regular access to my son.

So i called the CSA for a re-assessment based on shared care - and my money grubbing ex has denied ive had much contact!

I kept a dairy and told the CSA this, but they said to call back at the end of august and "try again".

The csa lady was a little dim, and said to just keep a dairy and that should be proof enough.

Obviously a dairy wasn't proof enough this time, so its not going to be proof enough in August - she didnt seem to understand that, or just didnt care.

So my question is, what proof do the csa accept my son stays overnight with me three nights a week? Photos next to newspapers? It seems the PWC can just deny contact takes place and the CSA take her word for it!

Comments

  • chriszzz
    chriszzz Posts: 879 Forumite
    Hi Everyone,

    I have a court order for overnight contact from Friday afternoons until Monday mornings.

    Previously i would work overseas alot, but now am based in the uk, and have regular access to my son.

    So i called the CSA for a re-assessment based on shared care - and my money grubbing ex has denied ive had much contact!

    I kept a dairy and told the CSA this, but they said to call back at the end of august and "try again".

    The csa lady was a little dim, and said to just keep a dairy and that should be proof enough.

    Obviously a dairy wasn't proof enough this time, so its not going to be proof enough in August - she didnt seem to understand that, or just didnt care.

    So my question is, what proof do the csa accept my son stays overnight with me three nights a week? Photos next to newspapers? It seems the PWC can just deny contact takes place and the CSA take her word for it!

    Correct!!! also be careful for any future women who tell the csa that you are a father to her child even if your not, does happen, they will believe that too and you could be paying CS for a child who isint yours, with the csa its a case of guilty until proven innocent!!!:eek:
  • pinkpig08
    pinkpig08 Posts: 2,829 Forumite
    We had to keep a diray as we had the exact same thing. We told CSA that DH's daughter stayed one night a week. CSA phoned his ex who denied it so CSA took her word for it. We kept a diary for a YEAR, phoned them at least once a week, and fortunately had some logs of when she was on the pc at our house which proved what time she was there. It's so frustrating when they take the PWCs word for it (I know not all of them are malicious) when they are just being damn awkward. We finally got the decision overturned and his payment went down drastically for the next month to make up for all the overpayment he had made. So I am assuming by the same token, if the PWC ever decides to get awkward again and say that his daughter doesn't stay, they would then check with him to see if it's the truth!
    Sealed Pot Challenge #817 £50 banked :)
  • febe
    febe Posts: 28 Forumite
    go back to them and tell them you want a supersession done re shared care giving them the diary evidence u have and the court order, and if they will not do it tell them you want a refuse to supercede so that u can go to appeal re their decision, i would then go to tribunal with ur evidence.
  • speedster
    speedster Posts: 1,300 Forumite
    i'm assuming you have freeview, sky or cable?

    one common solution to greedy pwc is to photograph littlun in front of the tv in his jim jams at bedtime with the EPG clearly in view on the screen.

    the csa have a habit of taking the pwc's word as gospel, (no matter how much proof you give them!) i know. they did it to me.

    throw in a copy of the court order too. then do the calculations and set up a SO for that amount and tell them to go swing.

    if they continue to play silly boogers then get onto your mp and get him/her to write them a stinking letter. that did the trick for the last person i advised to do that!! :beer:
    NEVER ARGUE WITH AN IDIOT. THEY'LL DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIENCE.

    and, please. only thank when appropriate. not to boost idiots egos.
  • markeymark
    markeymark Posts: 571 Forumite
    if you go to appeal and goto tribunal stage, be aware that CSA look for the previous year, this is what caught me out
  • Thanks for the help, i had hoped i was missing something and there was some irrefutable proof the csa would be bound to accept, but it seems you have to wait a year before going to a tribunal!

    What a nightmare. Is there really nothing beyond waiting a year and going to a tribunal - and even then just hoping for the best?
  • speedster
    speedster Posts: 1,300 Forumite
    you don't have to bother with tribunal etc.

    just inform them that they are legallly obliged to assess you on your current income and level of shared care.

    on the assessment forms it asks for income and level of shared care, therefore they are bound to assess you at that rate.

    seriously. you're getting fobbed off by the drones. get your MP onto it and watch them jump!!
    NEVER ARGUE WITH AN IDIOT. THEY'LL DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIENCE.

    and, please. only thank when appropriate. not to boost idiots egos.
  • Hi Speedster, from the CSA website it says:
    http://www.csa.gov.uk/en/case/new-living-arrangements.asp
    If the child or children spend an equal amount of time staying overnight with each of their parents (averaged over the last 12 months), we say care is shared 50/50

    So it looks like if you have a change, they will wait a year and average it?
  • markeymark
    markeymark Posts: 571 Forumite
    i never waited a year for my tribunal, just depends how busy they are, they will write and ask for evidence from both parties, so gather all evidence up that u can, good luck with it all
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