FAQ: Our court order states that I am supposed to have shared care, but my ex won’t let me see my children. What can I do?
The CSA is responsible for supporting separated parents to transfer payments for the benefit of their children. CSA has no legal ability to enforce care levels, even if they are specified in court orders or agreements.
Your child support assessment is generally based on the actual care you have of your child. Often, the actual care is happening in accordance with a court order that outlines the care levels. Where the actual care you have of your child is not following the court order you may be able to apply to have the CSA make an interim determination of the care.
Depending upon your situation, CSA may determine that in the interim the care is to be based on the court order or it may be based on a new care arrangement that is being negotiated.
We have no legal ability to enforce levels of care specified in court orders. If orders are being broken, either parent may seek legal advice, attend family dispute resolution or apply to the Family Courts.
Updated: 1 June 2011
Categories: Parents
Sub-categories: Care