Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • CarpeDi3m
    • By CarpeDi3m 5th Oct 16, 12:02 PM
    • 4Posts
    • 0Thanks
    CarpeDi3m
    how many nights a year rule vs court order
    • #1
    • 5th Oct 16, 12:02 PM
    how many nights a year rule vs court order 5th Oct 16 at 12:02 PM
    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?
Page 1
    • Guest101
    • By Guest101 6th Oct 16, 5:03 PM
    • 12,036 Posts
    • 11,451 Thanks
    Guest101
    • #2
    • 6th Oct 16, 5:03 PM
    • #2
    • 6th Oct 16, 5:03 PM
    You have a court order but you aren't enforcing it, why not?
    • shoe*diva79
    • By shoe*diva79 6th Oct 16, 9:46 PM
    • 1,319 Posts
    • 1,039 Thanks
    shoe*diva79
    • #3
    • 6th Oct 16, 9:46 PM
    • #3
    • 6th Oct 16, 9:46 PM
    A court order is outdated after 1 year and 1 day so the CMS are right.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
    • By WYSPECIAL 7th Oct 16, 6:40 AM
    • 257 Posts
    • 124 Thanks
    WYSPECIAL
    • #4
    • 7th Oct 16, 6:40 AM
    • #4
    • 7th Oct 16, 6:40 AM
    A court order is outdated after 1 year and 1 day so the CMS are right.
    Originally posted by shoe*diva79
    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
    • By Guest101 7th Oct 16, 1:51 PM
    • 12,036 Posts
    • 11,451 Thanks
    Guest101
    • #5
    • 7th Oct 16, 1:51 PM
    • #5
    • 7th Oct 16, 1:51 PM
    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.
    Originally posted by shoe*diva79
    Think you meant a consent order as a child contact arrangement is different
    • shoe*diva79
    • By shoe*diva79 7th Oct 16, 5:21 PM
    • 1,319 Posts
    • 1,039 Thanks
    shoe*diva79
    • #6
    • 7th Oct 16, 5:21 PM
    • #6
    • 7th Oct 16, 5:21 PM
    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
    • By CarpeDi3m 17th Oct 16, 11:33 AM
    • 4 Posts
    • 0 Thanks
    CarpeDi3m
    • #7
    • 17th Oct 16, 11:33 AM
    • #7
    • 17th Oct 16, 11:33 AM
    thanks for the response, but the court order now counts and not the visits.

    I assume CMS just makes rules up going along.
    • Guest101
    • By Guest101 17th Oct 16, 11:55 AM
    • 12,036 Posts
    • 11,451 Thanks
    Guest101
    • #8
    • 17th Oct 16, 11:55 AM
    • #8
    • 17th Oct 16, 11:55 AM
    thanks for the response, but the court order now counts and not the visits.

    I assume CMS just makes rules up going along.
    Originally posted by CarpeDi3m
    No it's quite a rigid calculation....
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,414Posts Today

6,115Users online

Martin's Twitter