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Child maintenance order

  • oldgal
  • oldgal's Avatar Posted by
  • Junior Member
  • Junior Member
14 Jun 12 #336722 by oldgal
Topic started by oldgal
If anyone can help with this I would be most appreciative as my relative is representing himself. A court order was mutually agreed at an FDR meeting for child maintenance only. It has been done under a Christmas order ruling which means it automatically renews every year. It was also done on the basis that the child involved had epilepsy. My relative had already been assessed by the csa and did not earn sufficient money for the court to have jurisdiction. However the PWC still proceeded with the court FDR meeting for more money because of the child’s epilepsy. At the FDR meeting my relative NRP said if proof of the epilepsy could be provided he would make agreement to pay more money. An extra amount of child maintenance was agreed. The NRP received from the PWC solicitors the following
The order is in two parts UPON IT BEING RECORDED (which was the document both parties signed in the court) and BY CONSENT IT IS ORDERED ( which are the points as a result of the draft) What my relative needs to know is; if the child’s epilepsy which is mentioned in the UPON IT BEING RECORDED bit of the order subsides and the child no longer suffers from the condition how that affects the order.

The epilepsy is not mentioned in the part of the order entitled BY CONSENT IT IS ORDERED. At the hearing my relative NRP asked for proof and was given a doctor’s note however epilepsy in very young children can subside. The question is can my relative ask for proof every year and if it is not given how valid is the court order. Also if the epilepsy disappears which is sometimes the case in young children what happens to the jurisdiction of the court. Thank you for your help.

  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
14 Jun 12 #336726 by WYSPECIAL
Reply from WYSPECIAL
Why is more money needed to maintain a child with epilepsy?

Might be better sticking to CSA if you''re not comfortable with it.

  • Fiona
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  • Platinum Member
14 Jun 12 #336729 by Fiona
Reply from Fiona
It''s difficult to comment without seeing the exact terms.There are no decided merits of fact or law at a FDR hearing so the the final order is "by consent" (agreement.) Child maintenance can be included in a Consent Order only by agreement. The courts then have jurisdiction and the CSA cannot be involved for 12 months after the date of the order. When there is a Christmas Order the order automatically renews every year before the courts'' jurisdiction ends. The order would need to be varied by the court to change this.

The courts have the authority to make orders over and above the usual child maintenance for expenses relating to a child''s disability.
If your relative has Parental Responsibility for the child he/she has the right to medical information about the child from healthcare professionals and to be consulted about important medical decisions. So long as good relations with healthcare professionals are fostered your relative should know about the epilepsy and the related expenses reduce or stop he/she can ask the court to vary/ discharge the order to reflect the change of circumstance.

  • oldgal
  • oldgal's Avatar Posted by
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14 Jun 12 #336730 by oldgal
Reply from oldgal
cant stick with csa as i have signed the draft court order document that is a hazzard or representing yourself . The other side and a specialist family solicitor have told me i cant get out of it as i have signed the draft court order its just the t & i that need to be crossed the principle of the court taking over is now established it seems!!!

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