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Children Sleep at friends house

If my children sleep at another house when I have them in my care should this affect my care level?

Let me start by saying that I have about 14% care level though I do have my girls over a lot more, just CSA does not recognise non-sleep overs.

If my children sleep at another house when I have them in my care should this affect my care level? This just happened and my ex found out and she is angry about it. However she regularly haves the girls sleep at her mums house. Is there any difference here?

Daniel

p.s. I apologise if it has been raised before, I am currently searching for an answer but would like one quickly please.
I believe that the following, from the CSA Guide, pretty much sets out that a sleep-over with friends would not be classed as, the parent or non-parent carer who the children are currently spending time with not having that care. I can't see how it could be justified if a boarding school is not classed as having care when they have so much responsibility for a child boarding at the school, that a parent of another child looking after them for a sleep-over would be considered as then having care.

CSA Guide - 2.2.1: The Basics of care said
Additionally, in limited circumstances, a person may have care of a child who is not living with them. For example, a person can provide care for a child who is at boarding school, in hospital or in separate accommodation. A person who simply supervises the child (for example, a baby sitter, a child minder such as a grandparent, a schoolteacher) does not provide care. Consideration is given to who has responsibility for making arrangements for, and decisions about, the child's welfare, as well is who is meeting the child's costs, and not the accommodation arrangements themselves. CSA will give weight to statements from both parents and any non-parent carers.

Here's a link to the section of which the above is an extract CSA Guide - 2.2.1: Basics of care

With regard to the CSA not recognising care where the child doesn't spend the night, then they are in the wrong according to the legislation. You can very likely get that care recognised. The first port of call would be to try going to the FAO (Family Assistance Office) and registering the time you have the child with them, that should then be used by the CSA. Alternately you could take the matter to SSAT (although you may have to re-apply for the change of care as there is a time limit of 28 days from when the decision was made). SSAT have already overruled the CSA not recognising daytime only care. There is another recent thread Overnight care thread that you may wish to have a look at.
darwin_dan said
Let me start by saying that I have about 14% care level though I do have my girls over a lot more, just CSA does not recognise non-sleep overs.
I am not sure I understand the statement that CSA do not recognise non sleep overs. The CSA DO recognise substantial day time care or non overnight care and I refer you to our Child support FAQ area and specifically child support FAQ on care
darwin_dan said
If my children sleep at another house when I have them in my care should this affect my care level?
The fact they may go to a  friends house and sleep over (as many do) should not affect your care level and will not reduce the number of nights care. The Children are in your care still even though they have decided to "sleep over" else where.
darwin_dan said
This just happened and my ex found out and she is angry about it. However she regularly haves the girls sleep at her mums house. Is there any difference here?
No there is absolutely NO difference and why would your ex be angry. What the children do in your time is a decision you need to make. If you suggest a sleep over is in order then that is the end of the matter. Conversely if they were having a  sleep over at the ex mother in law's residence why would you have any complaint about that.
MikeT said
With regard to the CSA not recognising care where the child doesn't spend the night, then they are in the wrong according to the legislation.
I think there is much confusion about what is day care vs what is night care and in general, care. I think this will become much clearer shortly when FaHCSIA policy group finally release the day care vs night care changes that are proposed. This has been worked on for quite some time at least a year or more. It will probably only affect a  small percentage of cases but the legislative changes are yet to be released.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
I spoke to CSA yesterday about his. Sleep overs are not counted (they used to be) .. however it was a "continual thing like.. granparents" it might be up for review.
There has been work going on for over a year in relation to changes to the legislation around day vs night time care and contributions. The legislation, as MikeT has already indicated, covers significant day care that can be credited toward levels of care. There is an announcement likely very shortly that might assist. I had no heard that "Sleep Overs" was not counted. What happens if every weekend the kids decide to do a sleep over? I could understand that the odd night here and there would not necessarily contribute but anything more significant that moves the level of care into a new band would count.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
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