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CMS tribunal

 
(@tribualtrouble)
New Member Registered

Hi all

I have a court order directing shared care 50/50, however the children have been removed from my care by the mother and i haven't seen them for a year.  The CMS followed the court order, however on appeal (at a hearing I wasn't told about and can't find out the case number!) it was decided there was no shared care.  Anyone got any experience of this.  Seems like the Family Court Order isn't worth the paper it's written on!

 

Quote
Topic starter Posted : 09/06/2021 8:00 am
(@fer17)
Estimable Member Registered

If you had a court order stating 50/50 shared care, that is enough evidence for the CMS, they cannot say that is not suitable evidence. I would imagine if you have not seen your children for a year, your ex can claim for child support for that year only? 

ReplyQuote
Posted : 09/06/2021 8:59 am
(@Daddyup)
Prominent Member Registered

Hi

If you haven't had the children for a year then clearly you do not have shared care. When the kids were 1st removed, I'm assuming you immediately went back to court, what happened, what was the outcome? What were the reasons given to stop shared care or all contact? 

As the children are not with you then you are liable to pay CMS.

 

ReplyQuote
Posted : 09/06/2021 12:36 pm
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