change of access agreement (temporary), csa?

jackbauer1_2

ever since me and the ex split up ive had my daughter once per week overnight, however now she is saying im not responsible enough to have my daughter over night (this coincides with her recent new claim to the csa, so i think she is after more money).

anyway she has been to see a solicitor who has sent me a letter saying she only wants me to have access in the day (on a saturday or sunday) she claims that the court order we had arranged is not valid anymore because im working now (i was on job seekers and used to have my daughter in the week and over night at weekends....as stated in my court order.....she now says i put my daughter to bed late when i have her over night (i dont and never have done except maybe once or twice when weve had a bbq etc NOT RECENTLY...and even if i did how would she know?).

im going to court to get more access anyway so that will hopefully get sorted soon, but as a temporary thing a solicitor (mine is on holiday this week ) says i should accept the proposal, until we get it sorted in court...but she obviously doesnt know my case.

anyway what i need to know is what do i need to say to the csa?
do i leave it until its all been sorted in court? will the csa wait until then or will they say i dont have her once a week anymore so i should pay the full 15%?

why isnt life simple?

DX2

jackbauer1 wrote: »

anyway what i need to know is what do i need to say to the csa?
do i leave it until its all been sorted in court? will the csa wait until then or will they say i dont have her once a week anymore so i should pay the full 15%?

why isnt life simple?

Where would the fun be in life if everything was simple

Good luck with the case, can't understand her reasoning.
Best phone the CSA asap better to sort it out with them now rather than rack up arrears, it probably won't actually work out that much if you only have her one night a week.

jackbauer1_2

thanks for your reply, ive not actually started paying anything yet as i only started work about 5 weeks ago, so have not got enough payslips to send to them yet.

DX2

jackbauer1 wrote: »

thanks for your reply, ive not actually started paying anything yet as i only started work about 5 weeks ago, so have not got enough payslips to send to them yet.

Aye, you wanna be careful there and make sure you putting something aside every week. Your liability for child support has already started and you probably will have about 5 weeks worth of arrears.

jackbauer1_2

DX2 wrote: »

Aye, you wanna be careful there and make sure you putting something aside every week. Your liability for child support has already started and you probably will have about 5 weeks worth of arrears.

yeah i am, cheers,:)

Blob

Also remember there is no pay to play law in this country, if she is trying to stop you from seeing your child then she had better have a dam good reason for this, as the Court Will not take kindly to her action if she has not got one! The Courts are bound by the Children's Act, and that states that the Child has the right to see and have a relationship with both its natural parents, end of!

Good luck.

RAS

The timing of this does not sound good from her point of view.

i would suggest that you inform her that you want your daughter over night and ask her to specifiy exactly when you let you daughter stay up late. Ask for the evidence.

EclipsedMind

As she seeks to change the status quo the burden of proof is on her to persuade a judge as to why you should not have the overnight stay. The longer you have had the child without issue the stronger your case will be. I would hope a resonable judge would dismiss these allegations and leave the contact unchanged.

You could take a look on the Families Need Fathers website and see if there is a local branch with a meeting you can go to to have a chat with people who have been through the same thing.

Sadly this cash in by cutting overnight contact is nothing new and I myself am litigating against my Ex due to her trying to cut my shared residence from 3 days and nights a week to just 1 day every week purely for the cash after i refused to double the private agreement. Ironically I would actually save money as my DD costs me more on the days I look after her than the CSA would take but my DD needs a dad so on we fight. Keep a diary and stick to your guns and the best of luck.

EM

Kimitatsu

IF you are going back to court for more access bear in mind that the number of nights rule is averaged over 52 weeks. So if you had your daughter for 14 nights over the summer holidays for example then that would be included in the figures for the whole year. Simialrly any other holidays so when you go to court bear this in mind as you can easily overlook this and may well average 2 nights a week.

Good luck with the court case

jackbauer1_2

RAS wrote: »

The timing of this does not sound good from her point of view.

i would suggest that you inform her that you want your daughter over night and ask her to specifiy exactly when you let you daughter stay up late. Ask for the evidence.

cheers everyone, and thanks for your advice.

the temporary solicitor has sent a letter saying the proposal is fine as a temporary measure and my solicitors secretary has actually sent off the application to court today.

this weekend will be the first weekend for over 2 years that ive not had my little girl over night, its gutting

hopefully the judge will be able to put a stop to her games forever.

i shall ring my solicitor on monday when i think she comes back from holiday as she will be able to advise me better,

cant wait for the date now,

again thanks for all your advice people