The Variation Procedure

Once you decide to make an application for a variation, simply call the CMS explain where you think things have gone wrong and the CMS will contact the non resident parent who is given his opportunity to put forward his side of the story. This is called the resolution phase.

If the father does not respond the CMS will consider the variation purely on the basis on the information it has. If he does respond then the CMS will consider the case and make a decision on whether to vary or not.

It is perfectly possible for the CMS to make a decision on some parts of the application and refuse the balance. Any variation decision made by the CMS can be appealed by either the parent with care or the non-or resident parent to a Tribunal. I have a very long record of successfully appealing CSA and CMS refusals to depart over to Tribunals and obtaining a departure or variation once the Tribunal has heard the evidence. It should be realised that even when a variation is granted it is still subject to just and equitable enquiry.