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?
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?
- 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?
Just got your other message - will type a response now.
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
this is the link
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.
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.
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