Consent order and UK court means nothing

January 30, 2014

The CSA are about to bankrupt me by collecting from a deduction from earnings order. I agreed to total split from my ex wife and have both signed a Consent order in court. I though it was case closed… then I began the long and sad attempt to have access, which I won in court but have still not seen my kids in 6 years (Dads will understand what blockers the Mum can create).

Little did I know my ex wife had called the CSA 4 days prior to signing the consent order and opened a case against me. The CSA refuse to accept this Consent Order which gives her essentially everything of value between us and a solid monthly income through a rental property. It has taken the CSA years to attach this order and I have always assumed common sense and decency would prevail in the end and to hold tight and stick to my guns.

The CSA say the case is still valid because it was raised prior to the consent order and when they call the Mum she says the case should still be open. Of coarse the mum will say that… if someone called you and said ” how about I give you free money and make your ex miserable at the same time”, what woudl you say.

The CSA are agents for the devil without the ability to read. I am about to suffer badly and unjustly. I cannot survive if the CSA continue to prosecute me this way.

The less you see your kids the more the mum makes. I can see few choices – kill her or kill myself being two of them.

Someone help.

Comments

8 Responses to “Consent order and UK court means nothing”

  1. Bryan Divitt-Conway on January 30th, 2014 8:57 am

    They dont care. Its all about money.

  2. Jason Spurgeon on January 30th, 2014 12:08 pm

    Having just been through the farcical family courts myself last month I can fully understand your pain, and most certainly understand the trouble and heartache mothers of our children cause through the selfish greedy actions.

    I have looked up ‘Consent order’ as I was not sure what it was and I found a couple of bits of information. I do not know it will help you any way.

    First then.
    ———————————————————————————-
    A Consent Order is like the contraceptive pill, it is 99.9% reliable. It can only be overturned if there has been fraud or mistake or an “intervening event”. To qualify as an intervening event the event must be:

    1.Soon after the Consent Order has been sealed by the Court (normally within 12 months).

    2.Not contemplated and considered at the time of divorce.

    3.Sufficiently large to undermine the terms of the Consent Order. That is, if the event had been known about at the drafting stage of the Consent Order then the terms of the Consent Order would have been altered.

    Furthermore:
    1.The Application to set aside must be made promptly.

    2.There must be no disadvantage to third parties, who have acquired the relevant property in good faith and for valuable consideration.

    ——————————————————————-

    I’m no lawyer and I may just be clutching at straws but based on the information above and your own letter stating your ex made an application to the CSA 4 days before the signing then I would interpret what she has done as committing fraud as she knew but failed to declare to the courts she was requesting more money through the CSA. This is clearly a significant change financially for you (I’m only too aware of what the CSA can steal from you). Maybe that may be grounds to get the ‘Consent order’ Overturned. As for the CSA, they seem untouchable.

    According to this next bit of information, even with a ‘Consent Order’ an application for child maintenance can be made after 12 months, and the advice is clear that you should not include maintenance as part of the ‘Consent Order’

    “Child Maintenance.
    Normally the Child Support Agency has jurisdiction for Child Maintenance (The Child Support Agency has been replaced by Child Maintenance and Enforcement Commission but the formulas are still the same). However, the Courts can make an Order for Child Maintenance by consent, but either party can apply to the CSA for an Assessment after 12 months. The Government is seriously considering removing this facility because the CSA cannot cope with its workload, this should be kept in mind if you consider the option to revert to the CSA, or its replacement, in years to come useful. If so, do not include Child Support within your Consent Order.

    Child Maintenance above a net income of £2,000.00 per week of the non resident parent is dealt with by the Courts”

  3. Jason Spurgeon on January 30th, 2014 12:10 pm

    More greedy, selfish mothers putting there needs above those of the children.

  4. Spinner on January 30th, 2014 6:57 pm

    As the other poster has said, even with a consent order within 12 months either side can go to the CSA so this would have happened anyway so child support should never be factored into a consent order or if it is at the correct % rate as defined by the CSA.

    I can fully understand your feelings in this situation, but please do not consider killing yourself as you are not to blame for this. It needs more people alive to fight this evil system, if you were to kill yourself then it would be easy to write you off as a statistic.

    Things are changing, if you do a google for Law Society recommendations they have recommended making the divorce process similar to the CSA as in defined payment percentages, defined period of spousal maintenance with the figure mentioned three years as in Scotland and most important applying the same punishments for blocking contact as are applied to fathers who don’t pay as in taking away passport, driving licence and setting up curfews.

    It will change but it needs people like you to start speaking with their MP’s and joining groups like Fathers4Justice in order to make these changes, everyone knows the system is wrong and needs changing but it will need pushing along to get these changes into law.

  5. Michael Davies on January 30th, 2014 9:03 pm

    They could do with making the car park more than one level would be a start bit like what Medway is

  6. Valerie Bracey on January 30th, 2014 9:58 pm

    Is it the system that is wrong or do the majority of CSA employees have an axe to grind?

  7. bob on February 1st, 2014 10:14 am

    Your ex has committed fraud as another poster has said. Take it back to court and amended.

    People on here previously have left homes and vast sums of cash to ensure the best for their child and meant no need for maintenance, but the CSA can do whatever they like. They should just be firebombed out of existence

    Disclaimer: freedom of expression based only

  8. Alan Gill on February 6th, 2014 4:08 pm

    Alan Gill liked this on Facebook.

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