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Dear all,
Firstly, what a great forum!
Brief background: I filed for divorce based on agreed 2 yr separation in Sept 2021 (we were still living together but separate rooms). On receiving the divorce application the wife had a tantrum, took kids from the family home without telling them or me beforehand. Then filed her own divorce petition based on my unreasonable behaviour. She's out for revenge and only allowing me access to kids once/fortnight and making tons of unfounded allegations through her solictor! I'm making payments to the CMS based on the access once/fortnight but my son decided to spent equal time with us since Jan 2022 as he's 16yrs.
I notified CMS of the change in care for my son on 14/02/2022, ex wife disputed this so they simply closed it. I asked for a mandatory reconsideration and uploaded my expenses whilst he's been with me etc - but they rejected it again. Spent hours on the phone to them but got nowhere.
Questions please:
How can I get help with the CMS appeal form?
Specifically how do I prove my sons been staying with me equally?
How can I get a court order to state my sons with me 50%?
Will the CMS appeal or the court accept a signed statement from my son wrt his living arrangements?
Many thanks in advance!
hi,
I think due to your childs age, courts may be unwilling to make an order.
A Child Arrangements Order expires when the young person reaches the age of 18. However, you can only apply for a Child Arrangements Order for a child aged between 16-18 in exceptional circumstances.
one suggestion is you could take some date and time stamped photos of days and nights when child is in your care. you could send those other to CMS as evidence of 50/50 care. Other evidence they like to consider is whether you are helping with day to day costs of caring for child, taking child to doctors appointments etc.
I would recommend you join this forum, a support group for paying parents. Lot of experienced members there. make sure to answer their registration questions when joining:
Thanks for the info Bill, much appreciated. I've registered on the FB forum.
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