Welcome to Just Answer
I am a Solicitor and will assist you.
I am very sorry to hear how the mother is treating you.
If you are currently caring for the children on a shared care basis, then under the Child Maintenance Service Rules were there is a genuine shared care arrangement in place then maintenance is not payable.
In your circumstances you should consider applying for a Child Arrangements Order to set out the time that the childrenw will spend with both of you. Obtaining such an order will also give then CMS the evidence that they need that there is a true shared care arrangement in place.
You do have to refer to mediation before you can apply to court. This is a prerequisite. I note that you have attended mediation before - if this was within the last 4 months then ask the mediator to sign the C100 Form for you so that you can apply to court. It was longer than 4 months ago then you will have to attempt mediation again. If it was just a bit longer than 4 months ago try speaking to the mediator as they may well remember how difficult the mother was and sign the c100 form for you.
Once completed send the C100 Form to your local family court detailing that you seek a child arrangements order. Set out the difficulties you have experienced in the past with the mother and also how your daughter wants this arrangement.
There is a court fee for this type of application of £215 payable when you send your application to the court.
The court will make an order based upin what is in your childrens best interests. The court will give high regard to your eldest daughters wishes and feelings given her age.
Do let me know if I can assist you further
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