• Page:
  • 1

TOPIC: CSA / Court Order

CSA / Court Order 1 year 4 months ago #92291

  • ejlmc
  • ejlmc's Avatar Topic Author
  • Offline
  • Junior Boarder
  • Junior Boarder
  • Posts: 72
  • Thank you received: 7
Mods- double post. Please delete? Apologies


Hi all,

It’s been awhile!

Need a quick bit of advice...

I have a court order which states the mother needs to bring my son to N.Wales from Southampton areas once a month and me to visit once a month.

The mother has not brought him up here in over a year...it’s always been me going down there.


I’ve asked the mother for a personal agreement instead of the amount set by CSA/Child maintaine of X amount to which she’s refused.

I’ve decided to contact my solistor again and send a letter.

What are the courts likely to do with this and child maintance.

Apologies if I could have picked a better forum.

Hope you’re all well.

Please Log in or Create an account to join the conversation.

Last Edit: by ejlmc.

CSA / Court Order 1 year 4 months ago #92296

  • actd
  • actd's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 10696
  • Thank you received: 1654
The court won't concerned with maintenance, so if you can't reach an agreement, then either of you can open a case with CMS. There is some variation allowed for travel, though it doesn't come close to covering the actual cost of travel, I would say you need to go for enforcement of the existing order as she isn't complying with this

Please Log in or Create an account to join the conversation.

CSA / Court Order 1 year 4 months ago #92298

  • ejlmc
  • ejlmc's Avatar Topic Author
  • Offline
  • Junior Boarder
  • Junior Boarder
  • Posts: 72
  • Thank you received: 7
Hi actd, hope you’re well pal.

CMS aren’t going to be interested. I’m struggling to meet
the amount they have said I need to pay including reduction for travel (which is a joke, as it’s not even a half of what it actually costs to travel).

So you’re saying the courts wouldn’t be bothered that she is in breach of her order?

Please Log in or Create an account to join the conversation.

CSA / Court Order 1 year 4 months ago #92303

  • Mojo
  • Mojo's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 8561
  • Thank you received: 1815
Hi there

I think actd is saying they won't be concerned with the maintenance side of things, but he has said you have a case for enforcement.

Maintenance and contact are two entirely separate issues and one is not at all reliant on the other. Where there's a case about contact the court won't discuss any maintenance issues. The only time that may happen would be during divorce proceedings, where both are discussed as part of the settlement.

They do take account of any private pension that you may pay into and that would reduce the amount you pay her, but unfortunately they don't take account of your own living expenses.

She is clearly in breach if she is refusing to do her ordered share of travelling to facilitate contact, the court may ask why you've left it a year before acting, but your response would be that you have been trying to work it out without court involvement.

You would need form C79 to make the application and it would be a good idea to prepare a brief positon statement to take with you to,the hearing, just to give further details of the background to your case.

All the best
The following user(s) said Thank You: actd, ejlmc

Please Log in or Create an account to join the conversation.

DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

  • Page:
  • 1
Moderators: Samantha Downes