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Change order to 50/50 and stop paying CMS?

 
(@obsession1)
Estimable Member Registered

Hi, I am after advice for my Son who is 12 next month. His Mother put me through court 18 months ago with lots of lies and dramas she made up about me. After a long hard battle i have a court order 30% he is with me. He lives with his Mum and Brother who is 19. He doesn't get treated well and his Mum likes a drink and is more worried about her social life. Lots of things have gone on but his brother who is 19 is always saying he should live with me or at least 50/50. I pay the CMS £330 per month none of which goes on our son. I want to go back to court and try and get a 50/50 order rather than 30/70 and in fact i would say i already have him 40% as i have him extras days in the school hols and extra Friday nights because he begs to come to mine. 

He would say him self he wants to see me more and his Brother would certainly back me up on this being the best for him, also if i could stop the £330 a month he would have a lot nicer life as i would spend a lot more on him. 

Is this something i can just apply for with the courts and see if it can be changed. She certainly won't agree but i think with him being 12 and my self and brother agreeing it could happen? any advise is welcome?

Quote
Topic starter Posted : 30/11/2023 1:59 pm
(@bill337)
Illustrious Member

Hi,

12 year old's views will carry a lot of weight in court. If you did apply to court again then, then it's possible that they order child to live with you or 50/50. they will frown at any mention of child maintenance and 50/50, so better to avoid mention of that. if you want to take this route, you would need to book a MIAM mediation appointment as a first step. you could try a mediator like this one: https://www.circlemediation.co.uk/

feel free to get in touch if you need advice.

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Posted : 30/11/2023 3:14 pm

top tips to support your child after breakup

(@obsession1)
Estimable Member Registered

Hi, my Sons brother (19) rang me last week and said it was 9pm at night and my Son (11) hadn't been fed as his Mother was to busy out at her friends and had left him with his Brother. I went down to there house and she called the Police on me. Nothing came of it but its another example of neglect. 

I think i am just going to fill out the forms for another court appearance and try and get the 50/50. 

ReplyQuote
Topic starter Posted : 13/12/2023 10:09 am
(@bill337)
Illustrious Member

@obsession1 ok in future I think better to avoid turning up at her house unannounced. the 19 year old could d have fed the younger child.

ReplyQuote
Posted : 14/12/2023 4:44 pm

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