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Dispute over nights...
 
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[Solved] Dispute over nights stayed

 
(@Zaknumber1)
Active Member Registered

Hi all
I’m very frustrated as my son is living with my alcoholic wife and she has opened a case with the cms saying he doesn’t stay with me any nights a week when in reality he stays with me 2-3 nights a week depending on shifts I’m working
The cms just believe her and a have to pay an amount per week as if he stays here zero nights
What can I do about it ?

Quote
Topic starter Posted : 27/08/2018 11:44 am
(@hrabbit)
Estimable Member Registered

Hello, sorry to hear. My ex did the same thing and I was told by CMS that her word was considered final and correct as they did not have time or resource to investigate these claims to decide who is right.

They said unless I had evidence to contradict. Fortunately she had sent me an email close to the time, when threatening me with irrational demands that said 'unless you agree we will revert back to the one night per week we have been working to for the last 2 1/2 years'.

CMS took this as the evidence needed and overturned her statement.

So all I can suggest is to look to see if you have any similar statements within any correspondence with your ex and submit this to CMS as evidence. But I agree it is criminal that bitter exes can just make statements that are not true and they are just believed.

Good luck.

ReplyQuote
Posted : 27/08/2018 12:12 pm
(@got-the-tshirt)
Famed Member Registered

Hi There,

It is difficult as CMS need some evidence to show that you are having the number of nights that you are, they would use a court order if you have one, but otherwise unless as said above you have an email agreeing dates ect you will struggle.

It isn't fair as she doesn't have to prove anything, she just says and they have to listen and act on that.
How do you arrange when you have your son, if it's vie email or txt you may be able to use these, if you aren't using email or txt at the moment maybe try to introduce this and you will start to build up evidence quite quickly.

GTTS

ReplyQuote
Posted : 27/08/2018 3:43 pm
(@adamski28)
Eminent Member Registered

Hi Zak

I too have an alcoholic ex who states very similar things to yours; seems to live in an entirely different world to everyone else and appears to have re-written history with regard to who looked after our child for several years! You're not alone there.

I have written to the CMS to try and get some clarity on this issue and eventually they came back and said that I would need to provide some forms of proof - quite what they didn't say but I would suggest that it just includes the normal things like texts between you and your child etc

One quite easy solution that I have heard though is to get a door entry camera on your house. One which records all the comings and goings of everyone with a time and date stamp for up to several years. They might not accept that but then the camera never lies.

ReplyQuote
Posted : 31/08/2018 1:36 pm
 Mojo
(@Mojo)
Illustrious Member Registered

We’ve had some members taking pics of the children in their Pjs, as phones record time and date on the photos, it’s a way of showing they’re with you at bedtime.

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Posted : 31/08/2018 3:33 pm
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