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52 nights - how to prove it to CSA? You can't.

(4 Posts)
Chef52 Tue 01-Nov-16 19:58:11

I have just come off the phone to the CSA as I have a dispute with ex about the number of nights my son spends here. According to the CSA the ONLY way to prove the number of nights is either with a court order that specifies the exact nights (ie fri, sat bi-weekly) or a signed Family Agreement.

As ex obviously is stating it's less than 52, a signed agreement is impossible.

For the last 7 years I have collected him on Friday, returned Sunday every other week, plus odd days eg Bank Holidays and a week or more in summer. This well exceeds 52 days for the last 7 years. Yes there have been odd days when collection has been Saturday or the very odd weekend rearranged, but the extra days have more than compensated for that.

CSA want "evidence" for what it will be this year, and all they accept is a court document, and all mine says is "STAYING VISIT EVERY OTHER WEEKEND" but doesn't specify days. Other than going back to court which is a pointless expense given the 1/7 difference it would make, I have nowhere to go and no appeal about this evidence. They won't see me, ex or son face to face to discuss, and won't accept any other written proof.

I guess I don't have a question, just a rant about how the burden of proof is unbelievably high, and if my ex decides to lie which is the case here, I can do nothing.

Leatherboundanddown Tue 01-Nov-16 20:00:43

Are you really strugging financially then? Presume you are paying the bare minimum amount of child maintenence?

AnchorDownDeepBreath Tue 01-Nov-16 20:00:47

Well... it seems reasonable to expect proof from either party if there is a disagreement over how many nights. And it seems the current proof supports your ex's assertion that it's not over 52 nights. Objectively,this seems fairer than just trusting one parent.

Frouby Tue 01-Nov-16 20:03:34

It works the other way too.

I have a court order stating dd is to be with her father eow/half of holidays. Maintainance was reduced based on those nights.

He has 1 night eow when he can be arsed. Went through a stage of no overnights. Never had her holidays.

Then jacked his job in. Now I don't etc a penny because of the court order. Should get £5 per week but it wiped off because of the amount of contact he has an order for which is massively different to the.amount of time he has her.

It sucks. But fuck all can be done apart from change the court order which he would contest.

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