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Court irder provide...
 
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Court irder provided but cms not acknowledged

 
(@ollieo)
Active Member Registered

Ex stopped all contact for no reason so went to court. Cafcass advised contact restarted again but ex relied on this being advise not an order so gave contact 1 night a month. After constant re arranging of court dates finally had final order and son is with me 1 weekend a month and school holidays due to distance. I contacted cms as soon as 1 night a month started and again when usual contact resumed so 80 nights roughly but had no updates from cms. I called and they said that they were waiting on resident parent. But they have the court order and its been 2 months since they stated they would have a decision? I have continued to pay and will but in anyone's experience will I see the overpayment again? And why is it taking so long when it's black and white? 

Quote
Topic starter Posted : 07/05/2023 1:02 am
(@infodesk)
Trusted Member Registered

@Ollieo. It's not unusual for one-party to use delaying tactics to try and buy time. As things currently stand, if you 'reported a change' request in relation an uplift in overnight contact (e.g., from no band to Band A), the CMS is taking 11-13 weeks to process requests. This time period should include 14 days for your ex to provide any evidence request. 

ReplyQuote
Posted : 07/05/2023 2:18 pm
(@dadmod2)
Illustrious Member

Hi,

I think 1 weekend (1 overnights) a month will not qualify for a reduction in payments. When I was going through courts it started off as 1 night, every other weekend. CMS told me this does not meet their threshold for shared care, as it's not 1 night a week on average.

ReplyQuote
Posted : 07/05/2023 2:55 pm
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