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Hi, I'm Lea and I have reviewed your query.
What is the pattern of contact you would like with your daughter? What objections is her mother raising to agreeing to this pattern?
Hello, do you still require assistance with this?
There is no obligation for you to have your child at weekends if you work on weekends. A court would make a decision based on what is in the best interests of the child, and maintaining a relationship with you would be deemed important.
As your ex is moving the goalposts, I'd suggest that you try mediation - which is a requirement before you can go to court, but if mother won't engage, then you need to attend what is known as a MIAM (mediation information assessment meeting) to get your form signed by a mediator so you can apply to court for an order instead. There are some exemptions from attending a MIAM – the form provides more information on whether you meet that criteria or not.
The form you need is called a C100, which you can find here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/734888/C100_eng_0818.pdf
The form needs to be a) signed by the mediator, b) filled in by you, (you are asking for a child arrangements order) and then c) copied three times (with a fourth copy which you will keep for your own records). You must then take or send the original plus 3 copies to the family court closest to where the child lives.
You can find the right court here: https://www.gov.uk/find-court-tribunal
The fee for filing is £215, but you may be entitled to fee remission if you are on a low income or benefits, see here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/634329/ex160-eng.pdf
Does that assist?
Hello, did that help answer your query?
Yes, of course.
There isn't much you can do in relation to the CMS without proof - such proof either being a signed agreement between the parents to say how much time the child spends with you, or an order of the court showing the time she spends with you.
I would not suggest reducing the contact - this would be detrimental for the child, and your ex is very likely to use that in court to support a reduction in the nights. You can stop the mother thinking she has the upper hand by getting a court order in place, as per my previous advice.
Does that clarify?
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