[Solved] 50/50

Oops sorry I've posted in the wrong section can a moderator please move this to the correct section?

hi,

do you have a court order about 50/50/shared custody? if not then your ex can easily go to CMS to make a claim. without court order and theres dispute about custody, they assume shared care of child staying with you for 1 night a week.

Hi Bill,

Thanks for the reply.

All we have is a statement in the separation agreement that we will share custody.. it doesn't state its 50/50 though..

So I'd have to then go to court to prove that i have him 50% of the time even though he's almost 15.. Would they not just ask him? Surely he's of a age now that his say means something?

This is why i'm asking cause the system is a mess and I don't want to get caught out with anything or it end up costing me more in the long run.

hi,

yep your child is at an age where court will speak to him and take his views seriously. if your child is on good terms with you and is loyal, its not an issue. its a big problem if child is manipulated by other parent. you could represent yourself in court. if you can get a court order that says you have equal day-to-day care of child, that would be enough. if you don't get that, then you will still end up paying maintenance if you go through CMS.

Thanks for that Bill,

Any idea on how i would go about getting a court order without it costing me a fortune?

I wouldn't know where to start other than get a solicitor to do it

avoid solicitor. thats most costly option.

you would need a c100 form - childs arrangement order:

https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

there is link there to check if you can apply online. c100 application costs £215

before that though, you would need to attend mediation. you can sit one by yourself. mediator can decide if its worth inviting your ex for mediation also. when i sat mediation just by myself, cost £89 for a video call.

have you tried talking to your ex about maintenance? do you think she would be interested in mediation?

other than your separation agreement, is there any other solid evidence to show that you have equal day to day care of child? because CMS may take that on board:

https://www.nacsa.co.uk/equal-shared-care

Thanks again Bill..

I found that link for the court order and noticed that is stated you needed to attend mediation first..

She won't communicate with me whatsoever so i'd have to do it through my son or another family member which isn't ideal..

She's the type who would be like F you and go straight to Cms, even though in my opinion she's not entitled to the money she's been getting for last 3 years.

I don't have any evidence other than calling on witness testimony of our whole families..
It is equal though, if he requires the doctor when with me i phone and take him.. If he has parents evening when im home I go and she doesn't bother.. Not sure if i could get evidence from like of Docs that i do this kind of thing.

If what you want is to stop the payments - then you can do so straight away without a court order.

What she can do in retaliation is either ask the CMS to calculate them, withhold the child or both.

If she does the former, then you can say it's 50/50 and you don't have to pay anything.

IF she does the latter, you will have to file a C100.

You can file a C100 first - but try and talk her into a "consent order for 50/50" first. With this, you don't actually have to go through the court, you just put together an agreement that says you share care for him 50/50 and you both agree to this. Don't mention CM if you don't have to.

Once this consent order is handed down by the court, you can then take to the CMS as cast iron proof that it's 50/50 if she takes that route.

It will also protect you from her withholding the child.