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Hello All 🙂
I could really do with some advice in regards to my son.
My son is 7, and I have been split up from his mother for around 5-6 years. Over the past 7 years, I would have my son come to my house during the day on Saturdays normally 11am - 6pm.
Until a couple of months ago his mother wanted him to sleep more, which was fine by me. The problem that we faced was that she wanted it to be upto her when he slept, which I was not happy with. This caused a great deal of arguing and resulted in her going to the CSA (which I dont mind to much about)
We then came to an agreement before the CSA got involved that I would have him to sleep every other Saturday and every other Wednesday. This continued for a month and then the CSA had informed her that because my son sleeps, she will receive less month.
Since then she has been getting my son to ring up and tell me that he doesnt want to sleep, I keep telling him and her that it is my day to have him. Although she continues to say that he has his own mind and he doesnt want to sleep. I do believe that this is a case of her not wanting him to sleep as she would have less money.
I was thinking of going to a solicitor and getting access that way, although the cost of that is very high and since the CSA are involved I don't even have a spare £10 after all of the bills etc
Hi,
Technically, the CSA are correct - since your son is staying with you for 52 days per year, their calculation reduces the amount you pay by 1/7th.
Your options are to go to mediation/court to get a contact order, or to come to an agreement with your ex. There is nothing to stop you coming to an agreement with your ex to pay her that 1/7th directly to her, and although it is wrong that you should have to do this to get contact, the fact is that this option will almost certainly be a lot cheaper than going to court to get a contact order unless you are prepared to represent yourself.
You could, as an alternative, tell your ex that you intend to go to mediation, and if she doesn't agree, then to court to see her reaction (if she's not entitle to legal aid, then it could cost her a lot also) - you could then suggest a compromise of perhaps buying your son clothes, school uniform etc to the value of the reduction in maintenance.
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