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

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    • #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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