Challenging CSA

[ANDZ63]

Hi. Five years ago my brothers marriage broke down and he was left with two girls one who was 14 and one who was 7. The mother attempted suicide and was referred to a mental health ward at the local hospital. My brother, with the help of our parents, managed to care for the girls until the housing association informed him that his name had not been on the rent book and that his wife had not transferred the tenancy over to him even though she had been requested to. This meant that they were technically homeless and he had to find alternative accommodation, which he did. To cut a very long story short there was an altercation between my brother and the oldest girl after she had gone on a night out, came home drunk and began abusing him. In self defense he restrained her but she rang the police accusing him of assault. She went to live with her maternal grandparents and mother who was at this time living with them also. My brother suffered verbal abuse from this family and was also threatened with physical abuse. He was still caring for the youngest and allowed her mother access at weekends. This is until she went one week end and they refused to let her come home. She later told me that they had told her that if she went back to live with her dad they would have him arrested. Because she loved her dad so much she went along with their plan until they eventually let her come home. His wife decided to take him to court for custody of the youngest. We arrived at court and although her solicitor turned up she didn't. Therefore my brother was awarded a temporary residency order until the next hearing which was in February 2010? Once again we turned up to court but she didn't so he was granted full residency and stated that she should attend a rehabilitation center, which she hasn't. Over the past few years he has provided a comfortable home for them in a nice 2 bed-roomed flat in a nice area and with the help of our parents he has managed to keep his job.
Recently the eldest has had a baby, lived with and left her partner and given up the home she shared and moved into her dads flat. He began spending more time at his new partners because he was having to sleep on the sofa and his home was taken over and she was making no moves to find her own place. His wife was living with a recovering drug addict and was constantly txting abuse at him and during this period he was on the verge of a break down. The eldest has acquired accommodation and has, we feel, coerced the youngest into going to live with her. She has put a claim into the CSA for child maintenance which they are expecting him to pay £43 per week. Both girls have run up debts over the past 5 years for mobile phone bills and furniture ( He was told she would repay him for things purchased at Argos) plus he is still clearing debts ran up before the break up. She was a very controlling person and had control of his wages etc. My niece has not attempted to contact her dad and we feel that this is under duress. Past experience has taught us that they are not beyond fabrication. He has had to relinquish his tenancy in order to clear the debts but we feel that this is an unacceptable amount for him to pay especially when he is in actual fact the legal guardian. He is spending his time at our parents and his partners to enable him to get his finances in order but we would appreciate any advise on how to fight this decision and how to go about getting her back if that is what she wants. If she is happy being where she is then all good and well but something deep down tells me this is not what she truly wants. Sorry for such a long message

[Robin D]

Hi.

Two things.

1. Most important.... please edit your message to remove all names or anything else that might identify the children. This is a publicly read forum, and I would hate them to get teased at school having their personal situations open to anyone to read.

2. This forum is for those bring up, or considering bringing up children who belong to other family member or friends. You or your brother would do better to place the questions on the FRG Parents forum at http://www.frg.org.uk/ParentsForum/.

I hope this helps.