[Solved] Maintenance reassesment after breach of order

Explain word for word to CMS what you have just written on here. There are no changes to your circumstances and your court order remains .
There is a hearing in march 2020 where your contact will be re-instated and you would just send a copy of final order or ring csm to let them know.
Its another example of your ex creating endless problems.

I would with your hearing coming up looking at how your contact can be improved if possible to prevent her from breaching orders. Do you use school as pick ups so you don't have to deal with a hostile ex

Thanks for your quick response.

My child is still at nursery so unfortunately school pickups aren't an option. Where possible in the new court order pickups need to be from nursery to avoid having any contact with her.

At present collections are done by my parents when collection is not from nursery. I don't really want this in the final court order as in theory this should last for the foreseeable and is limited should they experience ill health or not be able to make the collection etc

Yes nursery same as school in theory. When you go to court you need to focus on making final order as water tight as can possibly be. I would where possible have all pick up and drop offs from nursery until your child starts school. don't stipulate a time it just needs to say pick up from school/nursery and drop off to school/nursery. Then either you can do it or parents. the other times you could meet your ex , but do it in a public place preferably with cctv to protect yourself when your parents cant . like you say your parents cant do handovers forever. you could go to her home address in time, I just walk to door make sure children gone in and walk away. definitely don't get involved in disputes in front of children, I communicate via WhatsApp or text

A word of caution here - CMS are only concerned with actual nights spent with you, they don't really care whether an order is breached or not, so if you say she's breached the order, they may decide that you don't have the level of overnights necessary. My inclination would be to simply send the court order, and say nothing about the breaches (don't lie to them, though if they ask) and sort out the breaches through court.

yep good point. all you should do with CMS is post your court order to them, so they know how many nights kids are with you, and they will re-calculate your payments. some of them are odd. when i first spoke to one agent about sending court order, he said hmm i think i need to phone your ex about this lol.

The order has been breached and since August because of this and the court deciding if a fact finding is necessary there have been no overnight stays. So in theory payments should go up but the no overnights has not been through choice but due to here false allegations and court delays.

There have been further court orders following each hearing with the interim contact detailed but this unfortunately did not include overnight stays. Are CMS likely to just calculate it based on what has happened or take into account the breach.

Final hearing is in March when overnight stays will be reinstated

hi,

you just tell CMS what the court order states and how many nights your kids are staying with you. no point discussing breaches. its difficult because your ex can just ring them and tell them your not seeing kids at present, and they can start listening to her.