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Access stopped.
#1
Hi All,
I'm new to this and looking for some advise as to where to start.
To cut along story short I've recently become unemployed so the CSA has said I don't need to make any payments because I've overpayed for the previous year, because of this my ex wife has now stopped any communication with my 2 children (7 & 10) we are not amicable so I know mediation would'nt be an option, I'm thinking of going to the CAB to ask for help but just wondering if anybody could advise me where or how/if to start legal action?
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#2
in the absence of an agreement then you need to go to court - a c100 with a MIAM signed off if she is unwilling to attend

Cite that she has stopped access due to you being unemployed and she 8s equating access with cash - the courts will not look favourably on this as they are meant to be separate
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
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#3
(01-03-2018, 11:27 AM)invisibleintellectual Wrote: in the absence of an agreement then you need to go to court - a c100 with a MIAM signed off if she is unwilling to attend

Cite that she has stopped access due to you being unemployed and she 8s equating access with cash - the courts will not look favourably on this as they are meant to be separate

Agreed. As far as the law is concerned, Child Support and contract are seperate issues, due to
1, the None Resident Parent having to support the child in their contact time, when the Resident Parent still gets Child Tax Credit and Child Benefit.
2, its the Child who has the right to see both parents, Children Act 2002. The case you want to bring to Court, is you have responablitys you want to carry out.

I belive that your ex will now try to stop you having overnight contact, due to how the CMS System works. While you are exceeding 52 nights per year, you do not have to pay anything if on a Qualifying Benefit, or have an income of less than £120 per week. Without overnight contact, its about £7 per week you have to pay.

Use your current situation, to get Legal Aid Mediation, and then a free Court Application. Myself and others on the forum will provide advice as your case progresses, but right now there is no need for a Solicitor if you can not afford it. Should your ex intoduce any reasons for you not having contact, then you might need to seek qualified legal help, and at that point, your local CAB might be able to get you a free 30 min chat with a Solicitor.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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