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csa determining likely care

how?

The csa recently made a coa based on the fact that my ex is not letting me see my son!I had regular care up until the time she told me I couldnt see him ,until I get a court order.
I now pay over double the child support I was paying.The co said that while this is Immoral it is not illegal.
.They based the assessment on the determination that it was unlikely I would have regular care of my son during the assessment period.


The legislation clearly states that the registrar must determine the likely care,based on, past ,current and future care.

I started an objection process,based on this part of the legislation,but I didnt proceed because I was told by a csa objections officer that I had to prove I will have regular care in the assessment period.

We had an oral agreement brokered by the csa stating 14% care  to me before the coa.

I have no court  or parenting order or agreement at the moment.
more than 28 days have passed since the coa.
Should I try for a retrospective amendment(75a in the legislation I think.)once I have the appropriate orders for care in place?
I would base the request on the reasoning that ,the csa determined that It was unlikely I would have regular care.
Even though I had an oral agreement prior to the coa ,brokered by the csa,and told them I am taking legal action to be able to see my son again.
Once I have the orders ,wouldnt it then show the csa was wrong in the determination,that I would be unlikely to have regular care.
The objections officer indicated the reason they determined it is unlikely I would have regular care ,is because they could not determine how long the legal process would take.
I hope this all makes some sense.
thanks for reading.
Get the consent or court orders and take or fax them to CSA, they and your ex cannot dispute them. Well, I mean they can try but it is highly unlikely they will make a decision outside of court orders. Get it sorted by court asap.
If your ex was the applicant she can say you are a man eating gorilla who hates children, and will never see your children again, and they will gladly hit you as hard as they can, believe me they love gouging for money without rationale or an ounce of humanity.

yes

I guess the question put another way would be…can I get a court or parenting order backdated to the time of the unfair COA?
Thanks for the quick reply.
Triplebbb said
I guess the question put another way would be…can I get a court or parenting order backdated to the time of the unfair COA?
I am certain a friendly Federal Magistrate will even back date it to the date the child was conceived.

What on Earth made you even think a Court can back date a Parenting Order?
As triplebbb said.

Family courts aren't interested in historical events, only about planning the your future.

oh well

There goes that idea,  glad I asked though.
I thought that courts can backdate sentences,financial orders,etc maybe they could do it for parenting orders, considering court battles can take years.
Im sure the csa would have it coverd though. Some sly legislation that says they cant ammend  a coa `after a certain period unles blah blah blah and blah blah blah
I think they can order the csa to fix past errors though.
maybe a stay could stop the rort,,my income has taken a battering in the last 12 months.Both from the csa and the global financial crisis.I feel a change in income estimate coming.
Any more ideas.

Last edit: by Triplebbb

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