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Court Order Not Being Adhered to Now CMS Involved

New Member Registered

Hi All


Not sure this has been answered before.  I have 50/50 court order with shared parental responsibility, once gained I no longer paid any CMS.  My daughter has stopped going to school and now wants to just stay with her mum, she is 15, this is since January.  She knows that on my week she must go to school and will do.  The mother is, yet agian, trying to get her assessed for another "ism", which has been the case for years.


I've received a CMS letter saying that I've been named in an application for CM.  However, I have a court order, which she has consistently not adhered to and used mainpulation to justify when contact hasn't happened.


I've said to my daughter that she can stay with her mum, but that I want her to stay with me on our week and it can be her choice, rather than go to the courts and all the emotional issues that would cause.


What are the options from anyone having been in a similiar situation?

Topic starter Posted : 23/05/2024 3:03 pm
Illustrious Member


I have come across other people with this issue. When they tell CMS that they have a court order but other parent is breaching it by not letting child stay over with you, then CMS will say that you have to now pay maintenance. Sometimes they tell you to return to court and get an updated order. As child is 15, I think courts are unlikely to make a new order.

Posted : 23/05/2024 6:16 pm
New Member Registered

@bill337 Thanks Bill, that's shocking.  I go to court to get an order, it's been in place for years, they don't adhere to it and are financial compensated for going against a court order..... Wow


The order does state


Where a Child Arrangements Order is in force: if you do not comply with a provision of this Child Arrangements Order-

a.  You may be held in contempt of court and be committed to prison or fined and/or

b.  The court may make an order requiring you to undertake unpaid work ("an enforcement order") and/or an order that you pay financial compensation.


I'm in total disbelief....

Topic starter Posted : 23/05/2024 7:49 pm

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