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I feel very let down by the system and how it has proved impossible to have contact orders etc enforced when your ex does not want you to have contact. I now find - much to my suprise - that my eldest who was 18 in february 2012 is still eligible for CSA payments as he is in full time non-advanced education which also makes him eligible for child benefit. When you ask what the education is for they (CSA) can't tell you as he is an adult - although clearly a child as in CHILD benefit and CHILD support. I understand that I could raise a specific issue order and the Court will instruct my ex to tell me details of all y childrens education etc however I expect she will do the usual and stick two fingers up at the process. Will the Court actually enforce the order using fines/detention as appropriate or will they as in the case of the contact order just shrug their shoulders and walk away? I don't see the point in spending hundreds of pounds obtaining an order if no one will enforce it - any one know anything about this?
Hi Warren and welcome 🙂
I'm afraid this situation seems all too common. The effort to take contact issues to court is all consuming and its not unreasonable to expect that there is substance behind the orders that are made, but the system continues to dissappoint.
I can fully understand why some Dads just dont have the heart or the energy to keep pursuing their rights, it must be like banging the proverbial head.
If it were me I would like to think that I would not give up, I would keep going back, taking it in front of the judge until they enforced the intial order, it is your right to do that. There are fines and even custodial sentences there to enforce with, and I would think that after several returns to court for enforcement, and several warnings given, that eventually the courts would have to act in a more effective way and use these deterents, After all they take contempt of court seriously.
I dont have any experience of this situation to give my opinion more clout, this is only what I have read on various legal websites. I believe there have been cases where penalties have been used against a parent that continually flouts a court order though, but I bet it doesnt often happen.
I'm sorry I cant be more helpful, perhaps there are other Dads on here that can share their experiences and knowledge with you. Hang on in there and dont give up the fight, thats my advice, for what its worth!
Good luck with everything.
Hi Warren,
Do you suspect that your eldest isn't in full time education then ?
Regards
Gooner
I suspect he is just on some trivial course - still would like to know - had hoped part of payment would stop so it was a bit of a shock to find out I now have to pay CSA until he is 20
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