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So her is my story
Recently broke up with Ex partner 5 Months ago. We couldn't agree with payments. As she wants £200 a month whilst I have him 3/4 Nights a week and buy my share of necessity plus luxuries for him.
I disagreed and so here we go to CSA, they have worked it out at £49 a month but haven't bothered to take my public sector Work based pension which is 12% into consideration. This is based on Ex saying I have him 2 nights a week which is true but they believe her over me.
Currently in the process of getting court order has she has refused to take part in mediation. I want to apply for joint custody or push it to residency order (I have my reasons for this), will this affect me paying CSA if granted?
Just want any one with some knowledge to give me a sign of my chances... She has/still suffers with mental health issues and as far s im aware does not engage with mental health services, markers for suicidal depression etc.. is an heavy drinker and have independent witness that can state she had being drunk in a public place with my son, leaving him upstairs in the kitchen in a pub whilst down stairs drinking on the karaoke till late at night, leaving my son with a potential significant risk of arm in my opinion. Would witness statements be considered upon?
The routine stays the same with my son being at my house and ex partners. Only different is he sleeps in a different bed at night and live only 3 miles apart. Im not being biased and remain to be honest but he loves staying with me and is a very happy child with our current arrangements, I just have concerns regarding his mother who is a big drinker and studies show this could affect my child development.
I am currently a serving police officer and only problem I can see if I work shifts. Tey change to 4 on 4 off in September which will be better going forward. At the moment tey are all over the place but can still have him 3 nights a week in a row, so its not bits and pieces. She has another daughter from previous relationship who is 12 but I cant see this being a problem as my son is 5 and they don't really grow up together.
Any ideas what my chances of at least having joint custody or residence order?
Hi there
I think it would be an uphill struggle for you to get full residency, this only usually happens where there are serious safeguarding issues... and they are loathe to separate siblings.
However, a shared care arrangement is perhaps possible. Your shift patterns would fit around shared care more easily, and the fact that you live so close to one another is also favourable. There's no way of knowing what the outcome would be if you took it to court, there's very little continuity and different courts/judges have different views and ways of dealing with child contact issues.
As far as her mental health issues, it's would be very difficult to prove, as she isn't under a consultant or receiving any form of treatment. Did you report your concerns to Social Services at the time of the incident in the pub? If you bring it up after the event, you would be asked why you hadn't reported it ... they may consider that had you been concerned for your sons welfare you would/should have done something about it at the time.
Any pension that is paid is supposed to be taken into account and the amount deducted from your gross salary before the calculation is made. Have you contacted them and ask for them to look at it again?
All the best
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