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SSAT likely outcome - no current overnight time

Hi,

My ex partner is making false accusations in court that has seen the magistrate currently make order interim parenting orders without any overnight time with my son. I am spending the following time with my son; every second week - sat & sun 8am - 7pm, three other days 4 - 8pm. As a consequence CSA still deem me as having zero care of my son. I believe they say I have him for only 10% of the time, obviously because he is not sleeping over. It is costing a considerable amount of money to look after him and entertain him during the time I have him for; almost more than I can afford as I am paying significant child support and legal fees because of my ex. wife's refusal to mediate on anything.



What I would like to know is if I appeal this care decision to SSAT, what may be the likely outcome or does anyone have any other suggestions.
I don't think you will achieve much appealing the care percentage calculation to the SSAT if it is correct, however you should consider lodging a change of assessment due to the high costs of caring for you son. You would need to show special circumstances in your application that means something that is not normal. This could be due to not having any overnight care as I think this would be considered not the norm.

One question - how old is your son?
Thanks for the feedback. My son is 4 1/2 yrs old. As I previously said it is costing me a substantial amount of money on top of the child support I pay, caring, looking after, doing things and taking him places to keep him entertained even though I am deemed as havng zero time with him.

Specifically how do I go about getting a change of assesment done; under what grounds? Someone told me my time needs to exceed 14% of his total care time; is this correct?
That's true - you would need at least regular care to apply for costs of maintaining the child, however there are other areas you can ask for a change, for example if the care regime effects your earning capacity.

To be honest I would be more concerned about the interim orders and the eventual end result of the court activity will leave you. Also an 8pm handover for a 4.5 y/o is a bit late in the evening, especially if they have school the next day.

What has the ex been saying to the court to stop overnight care?
Thanks Fairgo, I totally agree that an 8pm handover is a bit late, but it appears the magistrate will do whatever the mother wants so far, even if it's not in the best interests of the child.

Basically the ex. has been saying I am addicted to an over the counter sleep medication. There is no evidence of this, nor do I have any criminal or drug record/ history. I feel as though, if you're a father, you're guilty until proven innocent. As a consequence of this unfounded allegation I have no overnight time with my son. I am also now faced with the challenge of finding someone to test for this over the counter medication which is proving extremely difficult as no-one is interested in helping me.
Hi Lamson, the figure of 10% that CSA say is your care percentage is pretty close to the mark using the figures you have supplied.  There are 336 hours in a fortnight, you have care of your child 34 hours in that period so 34/336*100 = 10.119%.  

I don't like your chances for costs whilst your child is in your care unless they are quite considerable and out of the ordinary as Fairgo has previously mentioned

Cheers ILG
That's sounds ridiculous - there must be more to stop you from having overnight care. What care did you have prior to these orders?
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