Mother refuses access to child to increase child support

[avocado toast]

Hey guys,

I'm looking for some supporting case law or acts that can help out this particular case in favour of the father. Details are:

The father had 50:50 shared custody until 11year old daughter had a moody week and wanted to stay with the mum for a while. Father cooperated to give the daughter some space but the agreement became every other weekend in conjunction with the childs therapy session as she was showing signs of depression and father was concerned without 50:50 care she would suffer. Therapist and child have said that the child wants to go back to 50:50 care but the mother denies this to be true and shuts down conversations when the daughter asks for it

in conjunction to this, she has also asked for child support reassessment since now she has 100% care. the initial date was for June since that was when the mother claimed the child had decided this 100% custody with mum had been decided. then in September changed the details of the assessment to December the previous year which was when the daughter decided she needed "space" from dad temporarily

what i'm looking for is grounds that the mum is withholding the child in order to increase her payments (which have tripled since 50:50 custody) because it is financially beneficial OR grounds that re-assessment backdating to December goes against the agreement the father and mother made since he willingly allowed reassessment in JUNE due to being told the daughter didn't want to see him and that that was in fact untrue, if he had know the daughter did still want to be with him then the mother would not have had grounds for reassessment at all at either June or September.

 

[Atticus]

I'm looking for some supporting case law or acts that can help out this particular case in favour of the father.

Disputes over care levels are handled by CSA not court, so you won't find any case law as such unfortunately... For an explanation of how disputed care is considered by CSA & the relevant acts, see >>> 2.2.4 Disputed care arrangements | Child Support Guide

Also, it's only ACTUAL care levels that are the deciding factor, not what a child wishes..... If the child wants to return to 50/50 I'd recommend you arrange mediation with mum (perhaps child inclusive)

Do you have a parenting order? parenting plan? .... If you have, there are some provisions in the act that a parent with reduced care can fall back on (for a while), BUT, you need to show that you are taking reasonable action to return to the normal care level, so again, that means mediation.

 

[sammy01]

Dispute it with CSA. BUT csa should not back date. They should increase payments from the time they were notified of the change.
Now are you seeing the child at all? If so and the kid clearly states she wants to go back to 50/50 then just write to mum and tell her the child has requested a return to 50/50 and that will start with the summer holidays and resume to a week about when school resumes. Nice easy.

 

[avocado toast]

Disputes over care levels are handled by CSA not court, so you won't find any case law as such unfortunately... For an explanation of how disputed care is considered by CSA & the relevant acts, see >>> 2.2.4 Disputed care arrangements | Child Support Guide

Also, it's only ACTUAL care levels that are the deciding factor, not what a child wishes..... If the child wants to return to 50/50 I'd recommend you arrange mediation with mum (perhaps child inclusive)

Do you have a parenting order? parenting plan? .... If you have, there are some provisions in the act that a parent with reduced care can fall back on (for a while), BUT, you need to show that you are taking reasonable action to return to the normal care level, so again, that means mediation.

is there any way she can refuse mediation? She's refusing any changes and her line to both the father and the daughter (who both want to go back to 50:50) is "let's just take it slow". The father is trying desperately to not make any waves since the mother is unstable and he wants to project an image of calm and caring for the daughter and because of this this 100% custody with mum has lasted a year. He feels desperately helpless as to what his rights are so he can see his daughter more again, not be financially taken advantage of and still set a good example as a parent.

 

[avocado toast]

Dispute it with CSA. BUT csa should not back date. They should increase payments from the time they were notified of the change.
Now are you seeing the child at all? If so and the kid clearly states she wants to go back to 50/50 then just write to mum and tell her the child has requested a return to 50/50 and that will start with the summer holidays and resume to a week about when school resumes. Nice easy.

Is she able to simply say no? If she does, is there anything he can do?

 

[sammy01]

Are u seeing the child at all? Half holidays? Anything?

 

[Atticus]

is there any way she can refuse mediation?

Yes she can refuse.... From the CSA aspect of this, just contacting a mediator to invite her ticks the box of 'reasonable action'

Also if she refuses you will be issued with a S60I certificate that will allow you to apply to court.... In that case DIY (minimal cost of around a few hundred or less to file)... When served with an initiating application & having tio file a response herself, that may be enough to get her attention & come to the table & get serious.

If she is refusing any contact AT ALL, there may be grounds to pursue an urgent application for interim orders, but you will probably need a lawyer to get that done properly.