She’s changed her mind to get more money – can she do this?
September 2, 2013
My partner has his 2 children 3 nights a week and has done for the last 12 months in agreement to his divorce (with now ex wife). My partner pays £200 per month to her also, she thought should get more so went to the csa and in actual fact they found he should be paying £175 per month. Now his ex wife has decided she won’t let him have the kids 3 nights a week so she can get more money from him – can she do this?
Written by Marie Owen · Filed Under CSA Advice
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Of to court he goes then, only way
It depends if you have a contact order from court or if it was just arranged between them. If yu don;t have a contact order then officially she can, but i guarantee if you go to court they’ll rule that the arrangement should remain as it has been for the past year.
If cost is an issue you can quite easily represent yourself: http://www.dad.info/dad-talk-forum/legal-eagle/10255-guide-to-representing-yourself-in-court
We got a solicitor because it is well worth the money and we ended up with more contact than we even went for. The courts are not like the CSA, they have the children’s best interests at heart.
Do it quickly, the CSA will sting you for every minute the reduced contact goes on. Then when you get the court order send it to the CSA immediately as proof. they may still say the only accpetable proof is the PWC’s word for it but this will help you if you have to appeal.
Thankyou for your advice, I’ll pass it on x
Unless you get a good judge, contact orders are not worth the paper that they are written on, and they can cost a lot of money in legal fees.
I had a contact order that expressly stated the days and terms of contact, that the mother had to abide by. She broke the order within 3 weeks. I reported this to the court, and the court did nothing to hold the mother to account. They then asked me to pay another £2000 to take the matter back to court. I refused, and contact ceased.
Be careful, as nothing is guaranteed, unless you get a judge who will enforce any breaches of the contact order.
The court told my partner’s ex if she continued to breach the contact order she may face prison and will have to pay our costs if we have to go back to court. Soon stopped her messing about.
I don’t agree that the courts don’t act if you put forward a case. It doesn’t cost £2000 to go back to court it costs £350.
Obviously each case is different, I can only talk of my experiences. I contacted the court and I was informed to bring the matter back to court,
I contacted my solicitor who quoted me that figure. Nevertheless, even though I had brought the matter to the courts attention, they did nothing!