CSA reduction for overnight stays

choccyface2006

I am hoping someone can me help clarify something.

If the NRP agrees with the PWC to have the children for two overnight stays per fortnight, can the NRP have the CSA reduction for 52 overnight stays?

What if the PWC says she will deliberatly stop the children from staying one of those nights per year so it is only 51 nights?

If the deduction is in place and it does end up being 51 nights or less at the end of the year, will that mean the reduction will have to be paid back to the PWC.

Surley if the arrangement is made then that counts as 52 nights, the reduction stands and is not repayable unless the NRP decides not to have the children stay?

(NRP also has children two evenings per week but not overnight, also NRP would like to have the children more, perhaps during holidays when he has taken the time off work to look after them and because the distance it makes sense for them to stay over)

Thank you

CF x

shoe*diva79

It wouldnt be reduced and then paid back. Its a average so if on average its only 51 nights a year then either the PWC or NRP can ask for a change in circumstance and a new assessment done.

I the NRP wants to make sure he/she gets their full amount of overnight stays without the PWC restricting contact then maybe the NRP should seek a contact order? This costs £200 from your local court and means that the PWC has to abide by the contact order or face the harsh penalties.

shoe*diva79

Just re-reading your post ad given the NRP wants more time with the children, and isnt making unreasonable requests (every other weekend and time in the holidays is pretty standard) then I would approach the PWC and if they refuse then defo sort a contact order out. Its easy to do and you dont need a solicitor.

choccyface2006

Yes our feeling is that a contact order is the way to go, slightly worried she won't attend court as she wouldn't attend mediation which wasted £100s but worth the risk to try to get proper access arranged.

Thank you x

shoe*diva79

choccyface2006 wrote: »

Yes our feeling is that a contact order is the way to go, slightly worried she won't attend court as she wouldn't attend mediation which wasted £100s but worth the risk to try to get proper access arranged.

Thank you x

CAFCASS will contact her before the court date to do a report for the judge. If she dosent attend then a judgement will be made in her abscence. Its in her best interests to attend. She can tell the judge of any reason she believes contact shouldnt happen etc.

Having just been through the contact order process myself, feel free to PM me if you have any questions.

choccyface2006

Thank you Shoe Diva x