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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 726
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Now that my application with the CMS has been approved, my

Customer Question

Now that my application with the CMS has been approved, my ex has been told that he must pay £323 per month. He is also stated that he will now revert to the consent order which states 50/50 care for the children. We haven't done this for 18 months because the children hated it, and it also suited him because he was moving an hour away. So i't's impractical and not in their best interests. As it stands, I cannot stop him collecting the children from school (they only have a few days until they break up for the summer holidays anyway)... but the consent order also states that he will pay me £304 per month which has NEVER happened, although he does pay a percentage of the childcare fees direct to the childminder. Arrangements are in place for the summer holidays which we have agreed will not be changed. But he is now threatening to use form D11 to apply to the courts to enforce the consent order. I am awaiting an assessment appointment with MIAM, if I have this meeting, then apply to the courts, it may be not be resolved before they go back to school in September. Do I just allow him to take the children for 3-4 days a week, even if I don't agree to it? I have spoken to the school and they are not able to stop him. This is not to prevent him seeing them, I want him to see them. But I don't want to go back to the consent order just because he is clearly furious at being told he now has to pay me directly. What do I do?
Submitted: 4 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 4 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- when was the consent order approved by the court?

- how old are your children?

- what is the current routine for him spending time with the children?

Kind Regards

Caroline

Customer: replied 4 months ago.
Hello, the consent order was approved 2 yrs ago. The children are 8 and 9 years old. He currently sees the children every Friday plus every other weekend
Expert:  ukfamilysolicitor replied 4 months ago.

Hello

Thank you for clarifying that for me.

Have your children expressed any wishes and feelings in respect of reverting back to the shared acre arrangement?

Kind Regards

Caroline

Customer: replied 4 months ago.
No. Quite the opposite. It was horrendous bedore. They kept saying they didn't know which house they were waking up in, getting upset at going backwards and forwards every few days, not knowing where their belongings were. They were all over the place. So my ex and I agreed to change it amicably. Especially as he was moving to high Wycombe to be with his new partner. It works really well now.
Customer: replied 4 months ago.
This was when he lived 5 minutes away, so all of this as well as a journey of over an hour to and from school is just not right. He has also never ever spoken about this, only since I applied to the CMS which he is furious about. This suggestion is clearly so he doesn't have to pay child maintenance.
Expert:  ukfamilysolicitor replied 4 months ago.

- how far is he away from the childrens schools now? is it really practicable for him to be picking up the children and dropping them off for school? is he also going to be available to collect the children from school when it is his day and if say they were poorly?

Expert:  ukfamilysolicitor replied 4 months ago.

Hello

Just got your other message - will type a response now.

Customer: replied 4 months ago.
He's 50 miles away. I have asked him on email s number of times if he could see them just for one more night a week, I've asked him to see them all day Saturday instead of bringing them home at noon. He states that he is too busy, and Saturday is the only day he gets to himself?!
Customer: replied 4 months ago.
He has stepped in occasionally of the children are poorly but it is usually me that would collect them because I'm 20mins away at work. He works all over the country in a role as national sales manager...
Customer: replied 4 months ago.
When he takes them to school every other Monday they have to leave at 7.30am and the children hate the journey. What he is proposing is another 300 miles per week travelling.
Expert:  ukfamilysolicitor replied 4 months ago.

Hello

As your consent order was made over a year ago - it is possible for either of you to opt out of this.

I will send you a link for some useful reading on this - but as you have already referred to the CMS - you have opted out already.

The problem that you may face is that CMS shouldnt be claimed when there is a true shared care arrangement in place. That is not just nights but also being available for the children on your responsible day such as when the children are sick and need collecting from school.

Your current situation is not a true shared care arrangement and you are entitled to claim CMS if you want to rather than the court order.

As he is angry - he will likely argue that the order says shared care and therefore he shouldnt have to pay maintenance but this isnt the position and he will have to pay.

If you have any issues with the CMS and mediation doesn't work - then you need to apply to court for a Child Arrangements Order - seeking an order to confirm when the children spend time with both of you - because if he tries to enforce a shared care arrangement that isnt in your children's best interests because of his work patterns.

Let me know if I can help you further

Kind Regards

Caroline

Expert:  ukfamilysolicitor replied 4 months ago.

this is the link

http://www.nicolawilliams.co.uk/blog/child-maintenance-and-consent-orders-the-12-month-rule/

Customer: replied 4 months ago.
Thank you. So legally I have to agree to childcare as per the consent order. But I am awaiting an appt with mediation MIAM. If he insists on the consent order arrangements then we will have to go to court to have it amended. Surely it wouldn't be agreed 50/50 based on what is in place? Then we get the consent order amended to reflect childcare arrangements. He has lied to the CMS about how many nights he has the boys. To save £86 a month. But if we go to court and the childcare is agreed as to what we do at the moment then surely I can request a recalculation?
Expert:  ukfamilysolicitor replied 4 months ago.

Hello

I dont think from what you have said that reverting back to shared care is in your childrens best interests.

If the father tries to enforce this - just so that he can devoid himself of having to pay child maintenance - then you need to go to court for a child arrangement order so that the court can decide what should be happening on the basis on what is in your childrens best interests.

If the father wont agree matters at mediation - then the mediator will sign the form that you need to apply to court. It it a C100 Form.

You dont need to amend the consent order in respect of the child maintenance - as you have already opted out to the CMS.

Any child arrangement order will supercede any previous consent order in respect of when the children will send time with both of you.

It is important that you keep a record of when the children are with you - as the CMS may ask for this if the father disputes this. They may allow a recalculation if it is more than a nominal difference.

kind regards

Caroline

Customer: replied 4 months ago.
Thank you. So as we have opted out of the consent order in respect of child maintenance does that also apply to childcare? He wrote to the CMS telling them the actual childcare in place which is correct, Friday's and every other weekend. Do I have to allow him to revert to the consent order arrangements until we go to court then?
Expert:  ukfamilysolicitor replied 4 months ago.

Hello

No - if you dont believe if it is in your children's best interests then dont allow it. If he does try to enforce shared care - then apply to court for the child arrangements order.

kind regards

Caroline

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