Court Order Expired?!

Good morning,

I am new to this site so hope I am posting in the correct area.
Cutting a VERY long story short, my husband has a contact court order in place for his son however is now being told (by the CMS) that this order is no longer valid (in terms of working out child maintenance)

There is no expiry on this document so what could they be referring to?

We have had years of trouble with the CMS so don''t trust anything they say.

Can anyone help?

Thanks
S

CSA/CMS are not interested in Contact Orders from courts. When working out an assessment they go by what the parties tell them which can change over the years without the contact order ever being reviewed. Has there been any change of circumstances reported?

Contact orders automatically expire on 16th birthday.

You are right not to trust anything they say, different staff members will tell you different things. As an organisation they are not fit for purpose. Insist on all communication being in written form as it provides a much better evidential chain when they make mistakes.

How old is child?

Thanks for your replies. Much appreciated.

The CMS took the court order into account for the last 2 years, however this year decided it was no longer valid.

The only change of circumstance is that the my husbands ex is refusing to allow my husband to see his son, he hasn''t seen him for several months, more than 10 months I would say.

My husband is of ill health and has been fighting through the courts for years however at this time cannot financially or emotionally go back to court at this time.

My husbands son is aged 9.

So do you think he has every right to dispute what the CMS is saying in regards to the order being expired?

We have only recently had a complaint closed with them due to them mishandling his case and really hoped that was the end of it

Thanks
S

If your partner hasnt seen son in 10 months, even though not by choice, he wouldnt be able to claim any discount for overnight stays. Extremely unfair system alround.

Oh dear. Right, well that makes sense in a strange way. Very frustrating as this wasn''t fully explained through the court proceedings, but then not a lot was, we did a lot ourselves as we ran out of money after spending approx 12k

A lot of this appears to go in the parent with residence favour doesn''t it.

Thanks for your assistance, much appreciated.

Take care,
S x

Sunny77 wrote:

A lot of this appears to go in the parent with residence favour doesn''t it.

Thanks for your assistance, much appreciated.

Take care,
S x

Yes under the CSA/CMS the PWC gets rewarded for preventing contact. Extremely unfair and one of the many reasons it is better to have a private arrangement.

Your husband could ask the court to enforce the order but if he is of ill health it is understandable if he feels he cant.

He could also report the incidents to the police as it is domestic abuse.