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My ex wife has recently opened a case with the CMA after 7 years of an amicable arrangement due to my current partner becoming pregnant.. (go figure she already has another child with her partner) which she got very upset about.
Now I have spoken with CMA and I'm going to have to pay, I have no choice but to live with that, it is more than I was paying but hey ho....now tonight she had replied to my text message about having the children tomorrow with a flat refusal and spouted I dont have them 1 night a week anyway....this is total rubbish, I've always had them that much MINIMUM per week.
I know what she is doing, going for more from the CMA yet I do have them, and I have said so on my text to her, will the CMA punish me for this? I get the feeling she is setting me up here.
It's certainly a problem when there is disagreement about the number of nights a child stays over with the non resident parent, it does have an impact on the amount paid, sometimes quite significantly. It's not uncommon for some mothers to reduce/stop overnights to increase the payment... never mind what's best for the children.
It's really difficult to prove unless there's a court order in place that states the number of nights. What usually happens in that situation is that the CMS take the default position of one night a week.
It might be advisable to keep a photo diary, taking pictures of your children at bedtime in their pjs.. the phone records date and time and this might be accepted as proof. Other than that you could consider making an application for a Child Arrangements Order, to prevent her from reducing your time with your kids and to prove the number of nights you have them, although there's no way of predicting what the court would order.
Well, I'm definitely going to seek legal advice and the CMS (not CMA as per previous post sorry!) have told me pretty much without saying it directly they will favour her story over mine and that to get it in a formal order is how I need to prove I have them....unless by some miracle the ex wife admits I do have them the 1 night a week as a minimum, I can't do anymore due to my shift pattern 🙁
To apply for a Child Arrangements Order you will need to have attempted mediation first. If that fails, the mediator will sign off the form to enable you to make a court application.
You can use a solicitor for this, but it will be very expensive, you’re looking at least a 4 figure sum. You can also represent yourself, many of our members have done so with much success.
All the best
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