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y ex wife is lying to csa saying I do not have the children overnight when I used to have them twice. This is because she doesn't want her payments to get lowered.
After I contacted csa and told them she's stopped all contact with my son's. I've arranged for mediation next week but unsure whether she will turn up. So may be looking at court. I do not have much money and have to take a loan out to attend mediation. Does my ex have to pay too? Also if we come to some agreement regarding contact can I ask my solicitor to draw up a consent order? Is a consent order legally binding? Meaning she cannot stop contact as and when she pleases? Also will csa take a consent order as proof I have them overnight again (if we can agree to contact starting again. It's been 8 weeks now). Csa orginally said they will only accent court papers to me as proof? Why do they tale the mothers word constantly when I have texts from her as proof!!
Have you considered self representing? That could save you a lot in solicitors fees, and it's worth checking i you are eligible for legal aid for the mediation.
Even if you can get a consent order, it depends on whether your ex will stick to it, otherwise you might be looking at getting the order enforced.
with regards tbe CSA, they generally work on the basis that if the parents don't agree on the level of contact, then it's 1 day per week, irrespective of what the court order states.
Yes I'm self representing if we go to court. I'm not entitled to mediation as I get a war disablement pension and work 16 hours per week.
Csa won't even take my word for.one day a week. Said I need a court order. But is a consent order different?
Yes I'm self representing if we go to court. I'm not entitled to mediation as I get a war disablement pension and work 16 hours per week.
Csa won't even take my word for.one day a week. Said I need a court order. But is a consent order different?
The CMS call handlers have to stick to quite a narrow script - and are not *legal* experts. There are other "case workers" that do look at legislation, etc, upon appeal and such like, but unless you hang on the line and refuse to quit the call - you will not get put through to them (I once had to wait 45 min...to be put through to a manager/case worker).
actd is correct - where there is disagreement - the CMS should apply a "default" one-night per week reduction in maintenance. But yes, they will side with the mother (or resident parent) always, and you will have to prove yourself "innocent". It is not worth getting worked up about this (and its not personal) - it is just how the system works.
**You have to dispute the claim made by your ex, and ask what evidence if any she has produced to back up her version of events. When CMS fobb you off, say that you dispute her claim, and that you will put this in writing and appeal. You can also mention that legislation allows for a default shared-care of one-night to be assumed when there is no evidence to suggest otherwise (such as a court order), and the actual number of nights is disputed and (finally) that there are no provisions in place to keep you from seeing the child (such as a non-mol, etc). **
The legislation is contained in the Child Support Maintenance Calculation Regulations 2012, paragraph 47:
47.—(1) This regulation applies where the Secretary of State is required to make a determination under regulation 46 for the purposes of a calculation decision.
(2) If it appears to the Secretary of State that—
(a)the parties agree in principle that the care of a qualifying child is to be shared during the period mentioned in regulation 46(2) or (3) (decrease for shared care); but
(b)there is insufficient evidence to make that determination on the basis set out in regulation 46(4) (for example because the parties have not yet agreed the pattern or frequency or the evidence as to a past pattern is disputed),
the Secretary of State may make the decision on the basis of an assumption that the non-resident parent is to have the care of the child overnight for one night per week.
You can view the legislation here
http://www.legislation.gov.uk/ukdsi/2012/9780111526132/regulation/47
And there is similar advice from the Citizens Advice website:
Yes, a consent order is legally binding, but because the family courts shy away from enforcement, some parents will still flout them. And yes, a consent order (or any other court order) is "evidence" which the CMS will accept. They can also accept a "family based agreement".
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