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Court Order

 
(@scytale)
New Member Registered
I orginally posted on the CMS Facebook group and got some advice to get a Court Order as my ex keeps appealing to the CMS.
 
I want to use it to challenge the CMS on the basis of day to day shared care, or at least force the decsion to a tribunal.
 
We are 50:50, I have him Monday, Tuesday and drop him to school on Wednesday. I have him Friday, Saturday, Sunday when it is my weekend. There are no issues with this arrangement and this has been going on for 2.5 years now, but I want it codified and binding.
 
On the Website for the C100 it says you need to attend a MIAM before you can proceed?
 
Can someone just give me an overview of the process, how long it might take and what problems I might face?
 
Thanks!
 
Quote
Topic starter Posted : 12/11/2024 12:14 pm
(@dadmod2)
Illustrious Member

hi, yes you  have to attempt mediation, and MIAM appointment is 1st step. that could be your only session if mediator thinks theres no benefit to continue. there are risks that courts may make their own decision that they think is best for child, so possibly ordering something less than 50/50. so see if you can get his mum to agree to 50/50 in mediation, and mediator can have it sent to court for approval, to become legally binding order. for CMS purposes, its important for order to state that child lives with both parents, and there is equal day to day care. feel free to get in touch if you need more advice about the process. you can send me private message.

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Posted : 12/11/2024 1:11 pm
(@scytale)
New Member Registered

Thanks @DadMod2. I have sent you a DM. I am currently compiling a list of stuff for a Regulation 50 appeal at the very least.

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Topic starter Posted : 13/11/2024 10:26 am
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