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Hiya, background is I have had a 50/50 residency order for more than a year for my two children, since it came into place every time i'm due to have the children i've had them. I pay minimal CSA for one child due to me having them over 175 nights a year, and my ex pays no CSA/CM as shes unemployed.
Went to pick the kids up, told 'youre never seeing them again'. The police did a welfare check, they cant do any more, i've seen my solicitor, i'm aware that its letter to the mother > mediation > C79 more or less, possibly a 2 month wait to enforce the residency order by the sounds of things.
Within 24 hours of missing the midweek overnight, CSA phoned me asking if I no longer have the children stay with me. I explained that its been one night, mentioned my court order, said id seen my solicitor and obviously would be looking to regain access asap.
CSA said theyd phone back in a couple of weeks and if I still didnt have access i'd have to pay full CSA, putting me in a position where even if I cut all expenses i'm going to struggle with solicitors fees - a vicious circle, well timed by my ex in many ways.
I'm assuming I have no other option than to pay CSA when they decide I need to? I'm guessing this will be a lead-in to trying to take child benefit and my working and child tax payments too, although when she's tried to take these before (pre court order) the agencies involved have been more than fair at putting the time spent apart as a temporary break in residency, although if this takes two months to get to court i'm not massively confident they would take the same approach.
Thanks in advance 🙂 Obviously missing the kids like heck already but i've had so much of this rubbish over they years i'm surprisingly chilled about it. I know the kids will be distraught by this time next week, they consider our house their haven.
You don't have to wait to submit the C79. Whilst mediation can be useful, it's not a requirement for enforcement applications.
Unfortunately, there is not much arguing with the CSA/CMS but it might be worth speaking to your local CAB or MP. Have you asked them what will happen if enforcement proceedings are ongoing?
The fact that you have been contacted so quickly by the CSA could indicate to the court that this breach is financially motivated....
Super - thanks Yoda, she's declined to attend mediation twice before so this is very helpful.
As Yoda says, go for Enforcement straight away.
Whilst Courts won't punish Mums, what cannot be stressed enough is that Enforcement should be raised from the first instance contact is breached. This would be different if Mum had said you were not seeing them for now but the time would be made up very soon.
Ensure that you still continue to try and collect your children as you leave yourself open to "where the father has not attempted to collect his children there is no breach"... If she threatens to call the Police, you need to document that as that would be the reason for not attempting to collect the children that trumps the above statement...
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