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Family court proces...
 
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[Solved] Family court process

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Posts: 82
Registered
Topic starter
(@Harry Potter)
Estimable Member
Joined: 6 years ago

Hi

The CMS require a court order or for the receiving parent to amend their information

Despite a multitude of evidence of the shared care arrangements they aren’t interested

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Posts: 8551
 Mojo
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(@Mojo)
Illustrious Member
Joined: 12 years ago

A shared care arrangement doesn’t have to mean that time with the children is split equally between the parents. I think I’ve mentioned before that what it does do is put both parents on an equal footing, with the children living with both parents and having two homes, rather than the child living with one parent and visiting the other.

Sometimes it’s better to ask for more than you would be ok with, as it gives you room to be seen to make compromises, without losing out.

I would be cautious about basing your case on wanting to take control away from the mother. If your children are used to a specific routine, where they stay with you 3 nights a week, that should be your starting point. It also gives you the opportunity to be fully involved with their school, meeting their teachers and getting to know their friends and other parents, build your case around your children, not your ex.

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Posts: 82
Registered
Topic starter
(@Harry Potter)
Estimable Member
Joined: 6 years ago

Mojo, as always appreciate your input

I am starting to feel that I have no chance of even getting an order to formalise the current arrangements.

This means my ex can effectively dictate what time I get with my children, she even replies “I’ll agree to let you have the Sunday night”. She can tell the CMS whatever she wants and without a court order I can do nothing about it.

Is there any light at the end of this tunnel?

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Posts: 82
Registered
Topic starter
(@Harry Potter)
Estimable Member
Joined: 6 years ago

Mojo

Just to add my ex has just sent me a calendar for 2020 that details the current shared care arrangements running right through 2020. Therefore she can’t claim in court they aren’t working or suitable for the children

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Posts: 8551
 Mojo
Registered
(@Mojo)
Illustrious Member
Joined: 12 years ago

Please don’t feel that you have no chance, you’re premise for needing an order is because she moves the goalposts and cancels/moves dates without notice. You would argue that the children need the security of a routine that they can rely on and it’s necessary to plan for activities and family events.

I mean you could mention that although she has prepared a schedule for 2020 which illustrates the current schedule, she still insists to CMS that you have them less than agreed.

Does this calendar indicate the correct schedule? You can send a copy of this in to the CMS. I seem to remember a past member started taking photos of the children at bedtime, in their pjs with the time and date on the photo, to prove that they were staying over, in the end it worked and he got believed!

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