Legal Advice on CMS Shared Care and CMS Day to Day Care
Our main Tribunal work today is on day to day care. However, all Child Maintenance Tribunals adopt an inquisitorial approach during a hearing when trying to find the facts. This approach can sometimes make people feel the Tribunal panel is hostile towards them which can result in not getting their side of the story over or, at worst, making a complete mess of presenting their case leading tothe Tribunal finding them to be an unreliable witness.Being considered by the Tribunal panel to be an unreliable witness canhave far-reachng consequences resulting in a bad decision which can last the lifetime of your child maintenance case.
Over the years we have represented thousands of parents who just want to pay the correct maintenance payments based on their actual circumstances, not something made up by the Child Maintenance Sevice or the other parent. Our experience in dealing with shared care and day to day care is called upon by many people who, like you, are fully invovlved in their childrens' lives and simply want to be recognised as an equal parent in the way Parliament intended.
The majority of receiving parents oppose Regulation 50 applications (day to day care) because they think they are going to lose some degree of financial support. That's not always the case. It needs to be remembered that Regulation 50 applies to Child Maintenance Service obligations but it could be that an agreement to meet other needs can be implemented and if that equal care is properly recognised, for example, many paying parents simply feel they should be recognied as an equal care-giver and are then happy to contribute to other items such as school lunches or trips as and when these things arise.
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