How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33307
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Hi may i ask, i am a farther of three daughters, 15,13 and

Customer Question

Hi may i ask, i am a farther of three daughters, 15,13 and 6, the 15 year old is in my care and the other two are with their mother, i currently earn 31000 per year but am heavy taxed due to company cars and fuel cards etc. i only actually take home £1700 but the CSA are wanting to take £310 per month, i do have the other two twice a week and would like more days, the eldest has stayed at her mums 7 times in 18 months. The estranged wife is now preventing me seeing the younger two as she is in the knowledge that less days with dad equals more money for mum , then telling the CSA i dont have them for two nights, I now have the CSA saying i have to prove i do have them as it wil always be in the mother favour, how wrong can this be !! ive always provided for my children from the day they were born and allways will but it seems the soon to be ex wife is after two things; money being the biggest driver and second making sure she has ample free time away from the children, she only works part time so falls into the loop hole of having all her rent and council tax paid etc.( ive only mentioned this to give the full picture) i am about to lose my rented accommodation but the CSA just want more money i dont understand please help thanks Dan

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much does your ex actually earn?
Clare
Customer: replied 2 years ago.

Hi Clare thankyou for replying

im not sure i think its approx £500 per month plus tax credits etc. she stays under the 16 hour boundry

hope this helps

Expert:  Clare replied 2 years ago.
Hi
Ok
Is there a Court Order regarding contact?
Clare
Customer: replied 2 years ago.
No no court order as no official channel has been used other than the csa
Expert:  Clare replied 2 years ago.
Hi
When did you last see the children?
Clare
Customer: replied 2 years ago.
I see the middle child every day as i collect her for school the 6 year old i had her the weekend just gone as we only live a mile apart i do get to see them as and when im dropping the middle one off on school run etc, sorry if thinsis confusing
Expert:  Clare replied 2 years ago.
Hi
Ok
Do you have a record of how often you have had them overnight in the last three months?
Clare
Customer: replied 2 years ago.

erm I only keep a record of when the wifr refuses me to see them other than that its every other weekend 5pm Friday until 5pm Sunday its only the last three weeks theres been an issue with Tuesday nights as work is getting more demanding, other than that its pretty much as per structure <-- hate that word :)

Expert:  Clare replied 2 years ago.
Hi
So you always have them 2 nights a fortnight - sometimes 4 but your ex is saying it is never - is that correct?
Clare
Customer: replied 2 years ago.
No sorry its 3 nights week1 and 1 night week 2, 3 nnights week 3 and 1 night week 4 and so on
Week 1. 3 nights
Week 2. 1 night
Week 3. 3 nights
Week 4. 1 night
The csa said this would avg out as 2 nights per week on their books
Expert:  Clare replied 2 years ago.
Hi
Sorry - that is indeed what I meant
But your ex is saying you never have them?
Clare
Customer: replied 2 years ago.
This is my point clare :( lol the csa claim i have to prove i have them and only court papers or solicitor letter will be accepted how can i prove this
She doent claim i dont have them in the second weekend its just the tuesday she messes me about with :( sorry to cause you stress lol
Expert:  Clare replied 2 years ago.
Hi
Ok
So in the last three months how many tuesdays have the children spent with you?
Clare
Customer: replied 2 years ago.
Out of the possible 12 in three months i would say a easy 8 hooe this helps
Expert:  Clare replied 2 years ago.
Hi
Yes it does.
Sorry - I should have asked - has she said no to any further tuesdays?
Clare
Customer: replied 2 years ago.
Well she refuses to allow just for tea so i said i can have them but would need to drop them before 8 am on the wednesday as i need to get to work and she refuses, i then asked if we could move to a thursday as i work from home on fridays so it makes sense
For ref she works two days oer week monday and friday, so by moving it to a thursday night i assumed it would benifit us both me for working from home her as no child care is needed any friday morning as remember one week would then be thursday only and the other would be from thursday through to sunday
She is making it clear its about her social life and not about the best interests of the children
Hope this helps
Expert:  Clare replied 2 years ago.
Hi
Ok
So you would like to have them overnight every thursday - and from thursday to sunday on alternate weekends?
Could you take them to school on Monday as well?
Clare
Customer: replied 2 years ago.
To be fair i never thought about that :) i suppose i would say until 5 pm sunday for now and maybe in the future ask for that or maybe leave that not sure wot do you think ?
Customer: replied 2 years ago.
To be fair i never thought about that :) i suppose i would say until 5 pm sunday for now and maybe in the future ask for that or maybe leave that not sure wot do you think ?
Oh just to confirm yes you are correct with the rest
Expert:  Clare replied 2 years ago.
HI
Whatever has happened in the past it is clear that your ex will stop the tuesday contact from now on to preserve her position with the CMS (new name for CSA)
That being the case your starting point is to try and discuss matters with her using Family Mediation
www.familymediationehlpline.co.uk
To agree a pattern of contact which is child focussed not money focussed
If that fails then you can apply to the court for a Child Arrangement Order setting out the time that the children spend with you- which is likely to include the tuesdays - and you can produce that to the CMS
You can read more here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)