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Old 24-04-2010, 12:10 PM
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Default Courts and Kids

Hiya Guys,

Looking for some advice re courts and kids (scots law)

Father walks out when son is 6 months old, father has shown very little intrest in son both before and after walk out! No idea of routine, no doing nightfeeds etc etc.
Also there was an incident where father was charged with breach of the peace while son was in the house!

Father does pay maintence but he is on record saying that as he is self employed if it went through csa he would ensure that he had to pay very little!

Father has accepted access of once every 2 wks for 4 hours (mother of child has been very accomidating with regards to fathers work hours changing days etc to suit him)

If it went to court what kind of access would father get?

What do you guys consider fair access?

Last edited by Turbogal75; 24-04-2010 at 12:14 PM. Reason: sp
Old 24-04-2010, 12:19 PM
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If he pays maintenance he's entitled to see his son,but i know i would want to see my son as often as poss and 4 hrs every 2 weeks wouldn't suffice.
Old 24-04-2010, 12:21 PM
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Originally Posted by KSA-Cossie
If he pays maintenance he's entitled to see his son,but i know i would want to see my son as often as poss and 4 hrs every 2 weeks wouldn't suffice.
Thanks.......... used to be an hour and a half a week........says it all really
Old 24-04-2010, 12:22 PM
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Christ i play on the park with my son for longer than that every night ffs.
Old 24-04-2010, 12:38 PM
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Some men just aint maternal, to be honest it would be better through the courts then that way we all know where we stand!
Old 24-04-2010, 12:47 PM
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Sorry to jump on your thread but ive a similar question

I split up with my ex when my daughter was 1 n half (amicably)

I have never missed a maintenance payment

I get my daughter 3 weekends in 4 - pick her up friday night drop her off sunday night

The ex is now trying to cut this back to me having her 2 weekends in a row then her 1 then me 2 ect ect

I've refused and she's thinking about it, if i decided to take her to court will i likely get access to her every weekend?

I have my own home and she has her own bedroom fully decorated
Old 24-04-2010, 01:07 PM
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just goes to show what c*nts women can be 4 hours every 2 weeks is a joke when me and my missus split last year i had our son atleast 3 times a week i had to go out of my way alot to do it but i still did now thankfully were back together

if i was the dad id go to court and want atleast every sunday then work from there and if it was refused id not pay a penny until an agreement was reached i think its discusting how children are used this way as it only them that will suffer in the end wether it be from no having contact with there real dad or not having the lifestyle they deserve because there mums decided to try send the csa after the dad so he doesnt pay up at all


a quick explination if this woman will get benifit ect regaurdless of weather the dad pays but if there on good terms the dad can pay direct the her without the csa involvment and then will be there to support the kids with extra cash when they need it ect and to just be a dad

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Old 24-04-2010, 01:12 PM
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Originally Posted by ben_frst
just goes to show what c*nts women can be 4 hours every 2 weeks is a joke when me and my missus split last year i had our son atleast 3 times a week i had to go out of my way alot to do it but i still did now thankfully were back together

if i was the dad id go to court and want atleast every sunday then work from there and if it was refused id not pay a penny until an agreement was reached i think its discusting how children are used this way as it only them that will suffer in the end wether it be from no having contact with there real dad or not having the lifestyle they deserve because there mums decided to try send the csa after the dad so he doesnt pay up at all


a quick explination if this woman will get benifit ect regaurdless of weather the dad pays but if there on good terms the dad can pay direct the her without the csa involvment and then will be there to support the kids with extra cash when they need it ect and to just be a dad

It was the dad not mentioned the CSA not the mum!! The mum isnt fussef if he pays maintence or not!
Old 24-04-2010, 01:13 PM
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The mother would love the father to play a bigger role in the childs life but the father is unable to commit to this due to a lifestyle that isnt accomidating to the childs needs
Old 24-04-2010, 01:14 PM
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Originally Posted by DazS1Turbo
Sorry to jump on your thread but ive a similar question

I split up with my ex when my daughter was 1 n half (amicably)

I have never missed a maintenance payment

I get my daughter 3 weekends in 4 - pick her up friday night drop her off sunday night

The ex is now trying to cut this back to me having her 2 weekends in a row then her 1 then me 2 ect ect

I've refused and she's thinking about it, if i decided to take her to court will i likely get access to her every weekend?

I have my own home and she has her own bedroom fully decorated
i would agree to every other weekend as the mums no getting time at the weekends if the mum works then shes just feeding her at night and putting her to bed so no real quality time

if the mum doesnt work then you could still do every other weekend but she could let u have her a night in the week say you could pick the kid up on the way home and then she could pick her up in the morning before you work
Old 24-04-2010, 01:16 PM
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Originally Posted by Turbogal75
Some men just aint maternal
I'd go as far as saying their isn't a maternal man on the planet.
Old 24-04-2010, 01:16 PM
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Originally Posted by Turbogal75
It was the dad not mentioned the CSA not the mum!! The mum isnt fussef if he pays maintence or not!
by the first post it looks like he had been threatened with the csa and said if they get involved he'll fob them off and pay very little
Old 24-04-2010, 01:18 PM
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Originally Posted by Paddy
I'd go as far as saying their isn't a maternal man on the planet.
Old 24-04-2010, 01:19 PM
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so basicly the mum wants the father to have more access and the father doesnt want know?

its hard to see what the problem is you said the father has accepted the 4 hours every 2 weeks so whats the problem?
Old 24-04-2010, 01:20 PM
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Originally Posted by ben_frst
by the first post it looks like he had been threatened with the csa and said if they get involved he'll fob them off and pay very little
Sorry, no he brought up the CSA. He even went as far as checking the online calculator and telling the mum that he wouldnt have to pay that much due to been self employed!

CSA isnt a route the mum would like to go down
Old 24-04-2010, 01:21 PM
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Originally Posted by ben_frst
i would agree to every other weekend as the mums no getting time at the weekends if the mum works then shes just feeding her at night and putting her to bed so no real quality time

if the mum doesnt work then you could still do every other weekend but she could let u have her a night in the week say you could pick the kid up on the way home and then she could pick her up in the morning before you work
She's just started working but only mornings but that's the reason for her change.

Thanks for that, I suppose if a got her once a week midweek it may work

it's SO hard, i want to see her as much as i can, chews me up everyday not seeing her
Old 24-04-2010, 01:22 PM
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Originally Posted by ben_frst
so basicly the mum wants the father to have more access and the father doesnt want know?

its hard to see what the problem is you said the father has accepted the 4 hours every 2 weeks so whats the problem?
Perhaps the first post doesnt explain it that well
Old 24-04-2010, 01:22 PM
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Originally Posted by ben_frst

if i was the dad id go to court and want atleast every sunday then work from there and if it was refused id not pay a penny until an agreement was reached i think its discusting how children are used this way as it only them that will suffer in the end wether it be from no having contact with there real dad or not having the lifestyle they deserve because there mums decided to try send the csa after the dad so he doesnt pay up at all
About the most hypocritical statement possible. It reads as; if I did not get given contact every sunday I would not pay a penny until I got what I wanted. Next sentence; I think it's disgusting how children are used in this way.

The courts actually award children contact with their absent parent, not an absent parent contact with their child.

It is worth noting that in no way and in no form does the requirement for a parent to pay towards the upkeep of a child they do not live with have any bearing on contact surrounding that child. That is why parents deemed unfit for contact with children (where they pose a risk of violence and/or neglect) still have exactly the same obligations to provide financially for the child. The same as parents who choose not to have a relationship with their child cannot avoid paying for them,

I think it is disgusting any absent parent (there are a lot of mothers who are the parent without full time care too) would not pay for the child they helped to produce. Or that a parent's obligation to provide for their child should in any way be erased by the other parent not providing the child for contact. I cannot fathom why one parent relies on the other parent's failings to create another failing for a child already having a difficult time. Ridiculous.

As per the original question, 4 hours is a short time depending on the age of the child. 8 hours would be a more reasonable prospect if the child is young building up to an overnight stay.

Access can also be arranged via mediation as the costs for bringing contact hearings to court are very expensive where legal aid is not a factor.

As for having access to a child every weekend, I very much doubt the court would order access every weekend to one parent as the other parent would then be effectively prevented from weekend activities (this could impact on a child seeing extended family of the mother or indeed the mother if she has a job during the week), a very unfair situation. Better to request an evening or few hours midweek, age dependant.

*edited due to posts inbetween* If the mother wants the father to have more contact, a court order won't facilitate that. Plus I certainly would not want my child to be with someone who feels obligated to see them. Your child deserves to spend time with someone who makes them feel wanted and cared for. It won't do much for a child's self esteem if they had to spend hours upon hours with someone who would rather have been elsewhere. Maybe the father will see sense in the future and want to see the child more but if it is him who has devised the visit times then mum should just keep on as she is, trying to accomodate offers of contact.

Last edited by Isaac.Hunt; 24-04-2010 at 01:29 PM.
Old 24-04-2010, 01:29 PM
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Originally Posted by Isaac.Hunt
About the most hypocritical statement possible. It reads as; if I did not get given contact every sunday I would not pay a penny until I got what I wanted. Next sentence; I think it's disgusting how children are used in this way.

The courts actually award children contact with their absent parent, not an absent parent contact with their child.

It is worth noting that in no way and in no form does the requirement for a parent to pay towards the upkeep of a child they do not live with have any bearing on contact surrounding that child. That is why parents deemed unfit for contact with children (where they pose a risk of violence and/or neglect) still have exactly the same obligations to provide financially for the child. The same as parents who choose not to have a relationship with their child cannot avoid paying for them,

I think it is disgusting any absent parent (there are a lot of mothers who are the parent without full time care too) would not pay for the child they helped to produce. Or that a parent's obligation to provide for their child should in any way be erased by the other parent not providing the child for contact. I cannot fathom why one parent relies on the other parent's failings to create another failing for a child already having a difficult time. Ridiculous.

As per the original question, 4 hours is a short time depending on the age of the child. 8 hours would be a more reasonable prospect if the child is young building up to an overnight stay.

Access can also be arranged via mediation as the costs for bringing contact hearings to court are very expensive where legal aid is not a factor.

As for having access to a child every weekend, I very much doubt the court would order access every weekend to one parent as the other parent would then be effectively prevented from weekend activities (this could impact on a child seeing extended family of the mother or indeed the mother if she has a job during the week), a very unfair situation. Better to request an evening or few hours midweek, age dependant.

Thank you, answers my original question
Old 24-04-2010, 01:39 PM
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Originally Posted by Isaac.Hunt
About the most hypocritical statement possible. It reads as; if I did not get given contact every sunday I would not pay a penny until I got what I wanted. Next sentence; I think it's disgusting how children are used in this way.

.
incorrect the mum wold get the same benifit no matter what so the kids wouldnt be affected in any way


being self employed you can fook the csa off at a whim, when we split last year my g/f said she did not want them chasing me at all as we had a good thing going and she didnt want to spoil it due to my violent history and unpredictable behaviour (not towards her) even tho there was no issue i paid her every week as i still do now even though were together
Old 24-04-2010, 01:50 PM
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Originally Posted by ben_frst
incorrect the mum wold get the same benifit no matter what so the kids wouldnt be affected in any way


being self employed you can fook the csa off at a whim, when we split last year my g/f said she did not want them chasing me at all as we had a good thing going and she didnt want to spoil it due to my violent history and unpredictable behaviour (not towards her) even tho there was no issue i paid her every week as i still do now even though were together
Just to be overly pedantic as you are obviously keen to spread incorrect information.

Prior to april this year, where a man paid child support to a mother reliant on benefits, the mother would only receive Ł20 a week before it affected her benefit payments. That is still Ł80 a month she would be down if the father did not pay due to his whims and reckon.

However now, you are entirely incorrect as from april child support is entirely disregarded for the calculation of any benefits a mother receives. So a child will be out of pocket for whatever sum is unpaid by a father.

If the mother is working (many do) then missing maintenance payments would represent a loss to the mother's household income and thus would have the potential to negatively impact on a child.

Futhermore, the CSA can (although I think it is for a 2 year trial period) remove driving licences and passports without a court order for unpaid maintenance, in addition to the deduction of earnings orders/interim charging orders etc they can impose via court.
Old 24-04-2010, 01:50 PM
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Isaac.Hunt you are correct but tbh the benifit system is a joke and as for the courts they will side with the mother

tbh i cant see why ppl go to court its all about being fair
Old 24-04-2010, 01:53 PM
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Originally Posted by Isaac.Hunt
Just to be overly pedantic as you are obviously keen to spread incorrect information.

Prior to april this year, where a man paid child support to a mother reliant on benefits, the mother would only receive Ł20 a week before it affected her benefit payments. That is still Ł80 a month she would be down if the father did not pay due to his whims and reckon.

However now, you are entirely incorrect as from april child support is entirely disregarded for the calculation of any benefits a mother receives. So a child will be out of pocket for whatever sum is unpaid by a father.

If the mother is working (many do) then missing maintenance payments would represent a loss to the mother's household income and thus would have the potential to negatively impact on a child.

Futhermore, the CSA can (although I think it is for a 2 year trial period) remove driving licences and passports without a court order for unpaid maintenance, in addition to the deduction of earnings orders/interim charging orders etc they can impose via court.
i stand corrected well in that case the father should just pay the cash and wear a rubber next time lol
Old 24-04-2010, 01:54 PM
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Originally Posted by ben_frst
Isaac.Hunt you are correct but tbh the benifit system is a joke and as for the courts they will side with the mother

tbh i cant see why ppl go to court its all about being fair
One could say that if you are ''with'' the mother and if she is claiming as a single parent then she is possibly committing benefit fraud.

People go to court to ascertain the legal position of the concerned parties. They do not offer anything else.

Last edited by Isaac.Hunt; 24-04-2010 at 01:56 PM.
Old 24-04-2010, 02:20 PM
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Originally Posted by Isaac.Hunt
One could say that if you are ''with'' the mother and if she is claiming as a single parent then she is possibly committing benefit fraud.
they could see it like that but then they could also see it that were trying to be a young family she lived at my mums house with me at my expence i was openly cheating so she had to leave and got her own place ect now were seeing eachother again but

1)she cant come back to my mums
2)i dont live there
3)i still pay as if were seperated

and we'll now stay like this until she finished her degree then we can actually get back together she'll ditch the flat and we'll buy a house its called making use of the system the fact ive never claimed any benifits ect and paid alot of tax and i mean ALOT over 2k in a month at my highest point i think were entitled to some money back when times are hard thats the whole point of the system

just making clear were not scroungers and both worked prior to her having the baby and going to uni lol
Old 24-04-2010, 04:29 PM
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AINT CSA BEEN DITCHED ?

csa take 30% of the fathers income, if the women is on the ponce she will get 20 quid and the rest of it goes towards her housing benifit/council tax and her income support so what happens is daddy dont get the cash to spend on hes kid due to paying for hes ex to live,,,, which dont make a difference who left who and the mum ALWAYS gets custody, that makes it a fair system dont it ????
Old 24-04-2010, 05:44 PM
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i have custody of both my boys and originally my daughter stayed with her mum............ however times have changed and my daughter now lives with me as well, the courts are still biased to the mother but more and more it seems the system is actually looking out for the welfare of the kids.
Old 03-05-2010, 07:51 AM
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As the father in question I feel it only right that i put my side of the story on this discussion for advice.

Father walks out due to (personal), that is affecting the children of the house. I had tried every other option, walking out was my last. I dont regret it, but I am very sorry!

Father has always played, held, day feeds loved the kids.
Didnt feel it nesesary for both perents to attend the medical oppointments as im self employed.

Was not charged with breach of the peace.

Maintanance is not an issue, pay the same as other employed fathers. I brought up CSA to prove i was been responsable and had considered my actions. I said "dont involve csa as on my earning you would get very little". I am trying very hard to keep the hole thing amacable.

I just want to see my son as often as possiable. He now lives 90 miles away. I attend car shows throught the season so Sundays visits are not the best option, however I do still agre to them. I will do any day. The mum gives me a date then changes it. I have never turnerd a visit down. I have only asked once for a different day, which I got.

Advice now please, do I continue to allow mum to call the shots or go to court to get it all tied up?

Thanks,


Originally Posted by Turbogal75
Hiya Guys,

Looking for some advice re courts and kids (scots law)

Father walks out when son is 6 months old, father has shown very little intrest in son both before and after walk out! No idea of routine, no doing nightfeeds etc etc.
Also there was an incident where father was charged with breach of the peace while son was in the house!

Father does pay maintence but he is on record saying that as he is self employed if it went through csa he would ensure that he had to pay very little!

Father has accepted access of once every 2 wks for 4 hours (mother of child has been very accomidating with regards to fathers work hours changing days etc to suit him)

If it went to court what kind of access would father get?

What do you guys consider fair access?
Old 03-05-2010, 08:00 AM
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Originally Posted by sas
As the father in question I feel it only right that i put my side of the story on this discussion for advice.

Father walks out due to (personal), that is affecting the children of the house. I had tried every other option, walking out was my last. I dont regret it, but I am very sorry!

Father has always played, held, day feeds loved the kids.
Didnt feel it nesesary for both perents to attend the medical oppointments as im self employed.

Was not charged with breach of the peace.

Maintanance is not an issue, pay the same as other employed fathers. I brought up CSA to prove i was been responsable and had considered my actions. I said "dont involve csa as on my earning you would get very little". I am trying very hard to keep the hole thing amacable.

I just want to see my son as often as possiable. He now lives 90 miles away. I attend car shows throught the season so Sundays visits are not the best option, however I do still agre to them. I will do any day. The mum gives me a date then changes it. I have never turnerd a visit down. I have only asked once for a different day, which I got.

Advice now please, do I continue to allow mum to call the shots or go to court to get it all tied up?

Thanks,

Sorry you were not charged the charges were dropped but they are been kept on file and if you get in to trouble again they will be reinstated!!!!!!!!

Hmmmm as for seeing your son as often as possible the above post says it all I ATTEND EVENTS ON A SUNDAY!!! What comes first???
As we all know you cant attend any events cos your car isnt up and running!!!!

You have only been given one date that has been changed which is next sunday! You have been perfectly happy with your level of access.

If you wanna get dirty we should also mention the fact that min maintence then daddy goes a buys a FRS (nice car who can blame him) while his son shares a room with his mum and big sister.

My advice to SAS Get a solicitor!!!! Your unfit to be a father and i have the evidence that backs that up...........The intensive care episode where you walked out as your son was lying on CPAP after major heart sugery while i begged you in tears to stay!!!!!!!! Need i go on!!!!!!!!!
Old 03-05-2010, 08:01 AM
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Also hun your tried every option did you try counselling???????? I DID and i know that i am not the one at fault!!!!
Old 03-05-2010, 08:07 AM
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Old 03-05-2010, 08:12 AM
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this thread should be binned, to me it seems a direct insult to Sas, if he wants to share his life with the internet then let him, its not for others to do!
Old 03-05-2010, 08:14 AM
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cossie4i+
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Originally Posted by ben_frst
DONT FIGHT ON OUR FORUM


thats what facebooks for
LOL

Steve
Old 03-05-2010, 08:34 AM
  #34  
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do what i did go to see a solicitor she sent a letter to my ex suggesting she sets a permanent arrangement up between us (i now have them every other weekend) and been fine ever since she never thought i would start legal proceedings agaisnt her and when she got threantened with court she changed her tune and my solicitor said that happens in 90% off cases.

on a more personal note i hope you can sort it out as i have been there and it is a horrible position to be in and i belive every child needs a father in there life and no child should be denied that unless they are in any kind off danger from the father.
Old 03-05-2010, 10:26 AM
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an online ex-marital arguement! this is a first in PF history.
Old 03-05-2010, 01:44 PM
  #36  
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Originally Posted by Turbogal75
Sorry you were not charged the charges were dropped but they are been kept on file and if you get in to trouble again they will be reinstated!!!!!!!!

Hmmmm as for seeing your son as often as possible the above post says it all I ATTEND EVENTS ON A SUNDAY!!! What comes first???
As we all know you cant attend any events cos your car isnt up and running!!!!

You have only been given one date that has been changed which is next sunday! You have been perfectly happy with your level of access.

If you wanna get dirty we should also mention the fact that min maintence then daddy goes a buys a FRS (nice car who can blame him) while his son shares a room with his mum and big sister.

My advice to SAS Get a solicitor!!!! Your unfit to be a father and i have the evidence that backs that up...........The intensive care episode where you walked out as your son was lying on CPAP after major heart sugery while i begged you in tears to stay!!!!!!!! Need i go on!!!!!!!!!



Don't know the full ins and outs but it looks like you've posted that to get a reaction from him rather than advice. Why put that on here? His account here is a lot older looking at that.

The way you're coming across makes me think you'd be a right pain in the flute in person.


Originally Posted by Turbogal75
If you wanna get dirty we should also mention the fact that min maintence then daddy goes a buys a FRS (nice car who can blame him) while his son shares a room with his mum and big sister.

What's him buying a car got to do with you if split? If you want one go and earn it and if you're sharing a room etc then that's your problem. Payments is meant for the CHILD not for you and I doubt many fathers paying child support would pay enough to fund a full house (or a palace as you probably want). Too many mothers out there seem to think the money is for them and they can skim a 'little' off the top.
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