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Significant change in Child Arrangement Order

Karma Police

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I am currently completing the Form E and compiling all necessary documents into a PDF bundle.

A significant update is that my youngest daughter, aged 12 and a half, has decided to live with me. Starting by year-end, she will stay with me during the week and spend weekends overnight with her mother. I’ve provided detailed background on our discussions regarding her decision to live with me in a previous thread.

The current Child Arrangement Order, issued over a year ago, states that the children will live with the Applicant (my ex-partner), with holidays split fairly and contact with me as the children wish. In practice, over the past 13 months, my children have seen me freely: my youngest stays with me the entire weekend, and my eldest up to 49 nights per year. This arrangement is reflected accurately in the CMS.

I now wish to vary the Child Arrangement Order to align with this updated living arrangement. Could you advise on the best course of action? Should I:
  1. Notify CMS about the change in overnight stays first,
  2. Apply separately to the court to vary the Child Arrangement Order, or
  3. Include this update in my Form 5 or ES1 under the “Other Material Information” section?
What would be the most effective approach?
 
Hmm having a think. It would be good to get a court order with the new arrangement but I wonder if it would open up a can of worms with the ex.

Maybe update CMS first and see what transpires from that.
 
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