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Hi
Ex partner and i have a court order for me to have my son 5 nights out of 14, the court order has been in place for the last 12 years, over the last 5 my ex has been really awkward and not stuck to the order, im unable to go to court due to the costs involved and already spending thousands to get the order 12 years ago, she has now gone to the cms to say i only have him 1 night every two weeks massively increasing my payments, however this is incorrect hes here every weekend from Friday to Sunday, the change is not my choice, my question is will the cms still take the court order into consideration or will they take the mothers word for it? I cannot afford the higher payment due to my mortgage going up by £350 per month so could do with the cms going with the order
Hi,
I suggest you send your court order to CMS asap through their online portal and request change to shared care.
The problem is if you tell them that mother is not sticking to order and reduced your time with kids, they will likely accept mothers position, and possibly ask for a new court order as evidence. If this is disputed, you can ask them is there any other evidence you can send to them to prove the kids stay with you every weekend.
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