how many nights a year rule vs court order

CarpeDi3m
CarpeDi3m Posts: 8 Forumite
in Child support
Sorry if this might has been asked before, i couldn't find anything for my case

I have my 2 kids with a court order every second weekend and 50% of the holidays.

As my daughter is now older now, I haven't seen her for a few months. Now the CMS wants to reduce my days due to this fact.

I heard now 2 versions from CMS - Court Order counts and the other days she stays with me need to be reduced.

Which one is the right one?

Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    You have a court order but you aren't enforcing it, why not?
  • shoe*diva79
    shoe*diva79 Posts: 1,356 Forumite
    A court order is outdated after 1 year and 1 day so the CMS are right. If your daughter is old enough to make up her own mind, no matter how much you try and enforce the order (if thats what you want to do), you wont be able to force her to come to you and will probably push her further away.
  • WYSPECIAL
    WYSPECIAL Posts: 644 Forumite
    First Post Name Dropper First Anniversary Combo Breaker
    shoe*diva79 wrote: »
    A court order is outdated after 1 year and 1 day so the CMS are right.

    A contact order lasts until the child is 16 however things change as children get older and you have to accept that a teenager wont want or need the same contact as a toddler. To try to enforce the order will be a waste of time and money.

    CMS go with the current situation so while a contact order can be one way of evidencing that contact does take place they don't have to accept that it definitely is.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    shoe*diva79 wrote: »
    A court order is outdated after 1 year and 1 day so the CMS are right. If your daughter is old enough to make up her own mind, no matter how much you try and enforce the order (if thats what you want to do), you wont be able to force her to come to you and will probably push her further away.

    Think you meant a consent order as a child contact arrangement is different
  • shoe*diva79
    shoe*diva79 Posts: 1,356 Forumite
    Sorry, yes, I mean a order for CM via the courts, not a child arrangements order which is separate from CM.

    A order for CM via the courts can be over ruled by CSA/CMS after 1 year and 1 day.
  • CarpeDi3m
    CarpeDi3m Posts: 8 Forumite
    thanks for the response, but the court order now counts and not the visits.

    I assume CMS just makes rules up going along.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    CarpeDi3m wrote: »
    thanks for the response, but the court order now counts and not the visits.

    I assume CMS just makes rules up going along.

    No it's quite a rigid calculation....
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343K Banking & Borrowing
  • 250K Reduce Debt & Boost Income
  • 449.6K Spending & Discounts
  • 235.1K Work, Benefits & Business
  • 607.7K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards