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Hi,
i have a 30/70 child arrangements order that has worked for 2 years. I have been having my Son more and more and noted the nights i have had him. I am easily having him 40% of the time. My Son is asking if it can be 50/50 with his Mum, i am happy to do this but i also pay £300 per month to her through CMS, my wages have dropped around £7k per annum but not enough for the CMS to reduce. I want to go back to the family court and get a 50 50 arrangement with no CMS and my son who is 12 wants this to happen. What would the process be and will i likely get the outcome i want. I am sure at 12 he has his own mind etc.
hi,
if your seeking 50/50 equal care, then you can apply with c100 online form to vary order. if you can request cafcass to speak to child to find out their views, then you have higher likelihood of getting 50/50 order.
you would have to attend a miam mediation appointment before submitting c100 form.
ideally you want an order that states child lives with both parents, and there is equal day to day care.
and my son who is 12 wants this to happen.
I went through exactly all this and eventually got 50/50. Just to be clear your child should not have a view on the CMS payments. Bill is correct although from my experience the courts are reluctant to order Cafcass to interview the child/children at a drop of a hat. It would help if you have some additional reasons/evidence. Eg is mother preventing your child from participating in certain activities that you would otherwise support? Or has the child spoken to someone independent (eg school pastoral support) complaining about the situation at home? Even without you can still request a "wishes and feelings report" from Cafcass. But it will be a stronger argument if it isn't simply a case "that's what my child wants". Keep in mind the child will be asked "why do you want 50/50". There needs to be a solid rationale to moving to a new arrangement else it might look like the child has been influenced. Secondly it may be an easier sell to the court (and quicker) if you suggest using an independent social worker. To find one go through an agency and get some CVs to present at court. I paid about £600. At 12 the wishes and feelings of the child will carry a lot of weight. 13 and older it is pretty much determinative.
Once you get the equal shared care order the CMS will want to see that you participate equally with respect to day-to-day care as 50/50 court order is not sufficient in itself to result in a suspension of payments: the CMS also review who is the primary carer irrespective of nights spent. Eg doctor, dentist, hospital appointments, plus whether you pay and facilitate the child in taking part in extra-curricular activities. Lastly CMS will also look at who receives the child benefit and often this is the most important factor. With one child you can't split the benefit so I would simply explain that the reason mother has it is due to her historically being the primary carer but this is now no longer the case with 50/50 being achieved and you support day-to-day care to the same extent as the mother if not more.
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