hi
We have consent orders whereby my 17 and 14.5 were living with my ex 100%. 8 weeks he exited them from his house and they returned to my 100% care. In our orders it states that the parents must give due regard for the wishes of these children as to when the choose to spend time with either parent. That this point in time they have expressed that they will not go back to my ex. I am the paying parent under CS. I rang and advised of this change of care, a few weeks went by and eventually CS phoned me and they said that I have to continue to pay CS for 14 weeks even though the kids are living with me, they said Because there are court orders this is the rule and I have no right to appeal this. The CS guy then said that me ex has 14 days from today's date to prove he is acting to have the kids returned, with the knowledge that he can still get CS and not have the kids he told them he will call police who can not get involved and CS said that this will be acceptable for him to continue to collect for 14 weeks. Since then I recieved a letter saying my ex is disputing that I have 100% care and I need to provide evidence. I'm totally confused to say the least. My questions are
1. Is the 14 week rule correct
2. Do I have any right to challenge this
3. If he provides no evidence or limited evidence that he wants the kids back does the 14 week rule still apply and if not does he have to pay CS from the date care changed?
4. What would be considered reasonable evidence by CS in relation to my ex trying to get the kids back.
I must stress that I am not denying access or allianating the kids they are completely open to be able to have both parents in their lives but they choose not to ATM.
We have consent orders whereby my 17 and 14.5 were living with my ex 100%. 8 weeks he exited them from his house and they returned to my 100% care. In our orders it states that the parents must give due regard for the wishes of these children as to when the choose to spend time with either parent. That this point in time they have expressed that they will not go back to my ex. I am the paying parent under CS. I rang and advised of this change of care, a few weeks went by and eventually CS phoned me and they said that I have to continue to pay CS for 14 weeks even though the kids are living with me, they said Because there are court orders this is the rule and I have no right to appeal this. The CS guy then said that me ex has 14 days from today's date to prove he is acting to have the kids returned, with the knowledge that he can still get CS and not have the kids he told them he will call police who can not get involved and CS said that this will be acceptable for him to continue to collect for 14 weeks. Since then I recieved a letter saying my ex is disputing that I have 100% care and I need to provide evidence. I'm totally confused to say the least. My questions are
1. Is the 14 week rule correct
2. Do I have any right to challenge this
3. If he provides no evidence or limited evidence that he wants the kids back does the 14 week rule still apply and if not does he have to pay CS from the date care changed?
4. What would be considered reasonable evidence by CS in relation to my ex trying to get the kids back.
I must stress that I am not denying access or allianating the kids they are completely open to be able to have both parents in their lives but they choose not to ATM.
