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Hi can anyone help me??
For the past 5yrs i have had an arrangement in place between myself, my mother and ex-wife about the sleeping arrangement for my girls.
I live at home with my dad and nan and there isnt enough room to have them sleeping over, so this is where my mum comes in and offers to help by having them overnight and this is how it has been untill now.
She has gone back to csa and is demanding more money as they are not technically under my "care". Now surely in a court of law this should still count as it is my family caring for my children along with me costing us money.
Please can anyone help with advice, case law or tribunerals to prove precedent where cases like this exsist.
Many thanks
Hi
Unless you can prove with a court order that the children are not with her for the amount of nights she says, then unfortunately, they will take her word.
If you do have a court order, then that should suffice in this instance as they are under your care for xx amount of nights.
I haven't come across anything like that before or seen any case law, but it's not unusual for mothers to manipulate the CMS overnight situation.
If your ex-partner decides to lie about sleeping arrangements, the CMS will believe her but they are not supposed to do that. There is CMS policy which states they should give equal weight to what you both say.
All the best.
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