CMS question: what if one parent frustrates contact ordered by a court (UK)?

Home Forums Off Topic CMS question: what if one parent frustrates contact ordered by a court (UK)?

This topic contains 2 replies, has 3 voices, and was last updated by  DDP1268 2 weeks, 3 days ago.

  • Author
    Posts
  • #19506

    John Cosgrove
    Participant

    Theoretical question as I’m just trying to anticipate problems.

    If a court orders a certain level of contact (e.g. 50%) and one parent frustrates that (e.g. by not agreeing requests for swaps at reasonable notice), will the Child Maintenance Service look at the number of nights that the children actually spend with the paying parent or the number of nights ordered by the court?

    P.S. Would it be helpful to have a separated Dads’ forum on this site?

  • #19537

    Iestyn
    Participant

    Send CMS the court order and they have to use that to calculate the number of nights the child spends with the NRP, so if the RP breaches the order they don’t get more money.

    If you get a CAO that states the children live with both parents (50/50) then this should mean no CMS should be paid by either parent

  • #26056

    DDP1268
    Participant

    Hi John

    I agree about the separate forum section.

    I like the ‘positive’ approach of this website but people will normally come to a site like this when they want to talk about something and its better if it has a clear place to sit.

    I would suggest sections (noting the first two are separate issues in court)

    Divorce – Finance
    Divorce – Custody
    CMS Matters
    Domestic abuse

    Or something like that, its all a bit ominous but its important.

    If those sections start to flourish I wonder how long before half of mumsnet invite themselves in for a snoop and then rant about what they see.

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