Hello
I'm new here, so hello everyone.
My background - 2 years separated and waiting for final hearing on financial case as ex won't accept a settlement. The CMS will not accept any shared care, although the children are with me on alternate weekends, as my ex disputes that they stay with Friday to Sunday on alternate weekends. Hence, I need a court order apparently. My children are 14 and 12.
If I start a C100 now, I have heard that the judge pretty much leaves it to the older child to do what they want, as from the age of 16 they are legally able to make their mind up which parent they stay with.
Hence - is there any point in starting a C100? But I need to see my children more, and not sure what to do. Also - I need CMS to understand I have shared care (alternate weekends only for now).
My question really is if there is any point in starting a C100 now, with the children aged 14 and 12.
Thank you.
hi,
I think it's still worth applying with c100. age 12 is probably ideal age, as courts will likely take childs wishes and feelings into account. and once you get that court order, you send to CMS and they will update shared care and reduce your maintenance payments. Child maintenance and child arrangements are totally separate issues, so I would suggest to leave out any financial reasoning with the c100 application. who knows, both children may state that they want to live with you, so it's possible the court will take that view into account and order it.
@bill337 Thank you.
My legal bills are spiralling out of control, so I think I will do the C100 application myself.
I've got the MIAM form - in January! Was waiting to see if my ex accepts a settlement to sell the family home, but she wants to sit there as long as poss. Arbitration is agreed for the FH, but she hasnt signed up to it as yet. I don't think she will. My lawyer says to leave the C100 till she signs up for arbitration.
How long am I meant to wait for? She can just play silly [censored] forever. Arbitration date is in Septmeber 26. In an ideal world - she signs up for arbitration, and then I start the C100. But that might not happen.
Do you, or anyone know if there any costs after paying the £232 C100 application fee? I will self rep.
Thank you.
@groundhogday hi be mindful that your MIAM paperwork is valid for 4 months. is there any time left to use it to submit c100?
self-representing is good idea to save on legal costs. I did it the last time in court, and I don't think it will be the last. if you will be self-repping then after paying the £232 for c100, there is no further costs.
@groundhogday yes you have until 24 May to use it for C100. sounds like your ex wants to sort out financials first. I would suggest you push ahead with child arrangements, and worry about money later. that's the way I approach it.
You can do the C100 yourself without too much of a headache. There is a helpful guide on the advicenow.org.uk website 'How to apply for child arrangements without a lawyer'