My fiance is appealing the CSA''s decision to refuse his shared care reduction for overnight stays.
If they again refuse his application, it then goes to a court tribunal but my fiance is reluctant to take it this far as he''s already going through the family courts for contact and it''s an added worry he could do without.
Does anyone have any advice to what this process is like or what his chances are of actually winning.
When making a decision about shared care, the Child Support Agency (CSA) should consider the information and evidence provided by both parties. If your finance does not agree with the decision the CSA has made in relation to shared care, he should formally ask them to review their decision. If he is still not happy, then he can appeal against the decision. This is a legal process which can take a long time to go through. However, your finance will need a solicitor to represent him at the appeal.
I recall you commenting on my previous post in relation to problems he was having with his overnight stay reduction.
My fiance submitted further evidence yeaterday to better support his appeal but even then I can''t see them saying yes.
Meanwhile, all these overnight stays are occuring, he''s spending a fortune having the children and the chances are he''ll never get these overnight stays backdated because apparently the Contact Order and the schedule he''s been keeping is not proof enough.
I really think he needs to resort to taking pictures of them asleep if this continues...
I have attended a CSA Tribunal it was very low key compared to the family courts. I representated myself so there was no costs and there was also no court fee. A CSA representative also attended to answer any questions in relation to the case.
The magistrate or judge will be looking to ensure the CSA have followed the correct legal stance in making their decision.
Hi CJ. You are right that a Court order is not enough to establish overnight stays. I have been advised that the resident parent need only say in spite of a court order, the nrp did not pick up his children. Game, set and match to mum!
Fortunately my son''s ex. does not dispute the Court order. I am quite suprised about this however, as she has her eye to business especially where money is concerned.
I see the system as rather one sided and a little unfair as the rules are very rigid with little room for manoeuvre. The CSA should concentrate their efforts on those who refuse to maintain their children or seek to hide their incomes.
I have recently attended an appeals tribunal and you do not need anyone to represent you. It is very much based on facts and points of law. It was nowhere near as daunting as I was expecting and I would advise anyone who thinks the CSA has made a mistake to go for a tribunal because a very high number of appeals are upheld.