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Hi I split with my ex wife 4 years ago. We agreed on access 2 nights-1 night everyother weekend plus holidays. this has been in place for 4 years. this year she involved the CSA who agreed that I was seeing and paying enough. Now she wants to drop 1 night a month. I don't see enough of my children and don't want to loose a night. Where do I stand. I also cant afford mediation as I am paying for a holiday this year.
Hi there 🙂
Without a Contact Order theres not a lot you can do about it. Its quite common for some mothers to try and reduce overnight stays to increase their CSA payments.
Apart from using Mediation or the Courts, there really arnt any other options open to you...its so unfair I know.
You could try writing to her and making her aware that you have taken advice, and unless there is a good reason for reducing the amount of contact, the courts would uphold your childrens right to have the same if not more contact with you. You could ask her to reconsider for the sake of your children. Maybe ask if her reason for this is financial and offer to try and help a little more when you can. You dont want to come across as threatening as thats likely to antagonize her!
If you are on a low income you may be able to get some assistance with the costs of mediation and if you have to go to court in the future you can self represent, it costs £200 to submit your application to court for a defined Contact Order. From April 1st Legal Aid for family law cases stops so your ex would not be eligible either which would level the playing field.
Best of luck 🙂
will this one night a month reduction make any difference in the amount you pay, sounds like you have 24 nights plus holidays, so you may be below the 52 nights a year for the reduction? What reason has your ex given for the reduction?
You could go to court for a contact order, in which case you could self represent - there is a 200 court fee, but that's all you pay. Take a look at yoji's guide to representing yourself at the top of the legal section.
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