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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32426
Experience:  Over 5 years in practice
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Can a non resident parent by British law have shared care

Customer Question

Can a non resident parent by British law have shared care variant removed as it was not requested and contact cost reinstated as they previously were for 3 years
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Could you explain a little more about the background please

Customer: replied 2 years ago.
Hi , Ok , my children live in NI and have done for 6 years moving from Manchester with their mother, a contact order was drafted in Manchester and the high court in Ireland giving me contact/residency of starting back in 2011 increased residency time going from ca. 40 nights a year to now as it stands 64 nights a year, from 2010 when the CSA got involved my travel cost were taken into account at first driving from Deven every 2 weeks to then flying to Ireland every 17 days, the CSA at first gave me travel cost for 3 years even though they calculated the figures wrongly due to loosing my invoices and receipts 3 times, eventually i faxed them over and once it was apparent my travel cost were and are ca. £10,000-£12,000 a year i was told i had to have shared care cost and they placed me case on shared care, i contested this at a tribunal and the Judge ruled in my favour stating resident parent moved from England to NI and that i had previously had travel cost taken into account so shared care should be removed, the CSA argued that i must have shared care, the judge said nothing in British law states i must have shared care enforced and this was a unique case as never before had a parent requested for it to be removed, but seeing i had travel cost taken into account previously it was only right i should have then back instead of shared care cost, ( the new system does allow both) the CSA have appealed to the upper tribunal now on the basis the lower tribunal judge made an error in law in his judgement, how can he have made an error in law when the law states nothing that a non resident parent must have shared care and not travel cost taken into account?
Customer: replied 2 years ago.
The lower tribunal judge also made his ruling based on the interest of the children, that being they would be effected more by the loss of the non resident parent not being able to travel to NI as i have done every 17 days for 6 years , due to me having to pay a higher CSA calculation which would be applicable on the shared care tariffs, in essence i cannot afford to pay travel cost to see my children every 17 days and also pay the shared care calculations, it is one or the other
Expert:  Clare replied 2 years ago.

For clarity CSA will not allow your travel costs because they are calling this shared care?

Customer: replied 2 years ago.
No they are not allowing my travel cost because they are saying i must have shared care costs due to me having the children ca. 64 night's a year and as this case is not under the new system yet you can only have either shared care costs or travel cost not both
Customer: replied 2 years ago.
Although previously from 2011 the start of of the CSA intervention up to 2015 my travel cost were calculated, then i was told i had to have shared care cost not travel cost
Expert:  Clare replied 2 years ago.


so what wording are they using to argue the shared care point?

Customer: replied 2 years ago.
They "say" because i have a contact shared residency order in place in the high Court in Ireland in place i must, that got thrown out the window though as it has no bearing on the actual case so then they have said because i now have the children more than 52 night's a year ca. 68-79 night's i must have shared care.. i have Just drafted a letter to the judge at the upper tribunal shall I attach and send it over sheds more light on the situation to
Customer: replied 2 years ago.
Here you go cheers
Expert:  Clare replied 2 years ago.

have they quoted any specific regulations to you?

Customer: replied 2 years ago.
No not realy
Expert:  Clare replied 2 years ago.

What did their last letter day?

Customer: replied 2 years ago.
To me or the upper tribunal? their latest letter to the tribunal was requesting an appeal as the say the lower tribunal judge acted and ruled on the case in my favour due to having no option in legislation that allowed him to by law place shared care on my case so they wish to have the law clarified.. i have attached my final letter to the Upper tribunal judge who has requested further evidence from both parties