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Hi all I'm looking for some advice
For the past year I've been seeing my son 3 nights a week and past months my ex keeps trying to change the whole routine to suit her, I've rejected it and asked for a more equal one but because I won't give into her demands she has now stopped me seeing my son 1 weekend day/night a week so I only get 2 nights a week.
I go to her home at my agreed day and time and message every week to say can I have him she keeps saying no. I knew there was an angle and it came today
She's told CSA arrangements have changed and I only see him 2 nights....
My questions are
If she's stopping me even thought I ask and attempt to get him every weekend how can she report it ?
Will CSA still agree if I can prove she's stopping me? I have all messages
I mean what else can I do ? She's a bully I want stability for my son and he's had same days for a year
Any help or advice is very appreciated
To be honest, I don't think they will be interested in the fact that she reduced your time, only in the actual number of days you have him.
Your only other option is to attempt mediation, and if that fails, the mediator would sign the form to enable you to apply for a Child Arrangements Order, which would specify which days you have him.
Hi thanks for replying so in theory can't she just keep saying I'm not seeing him and CSA will just keep giving her more money ? Surely there has to be proof ? Or actual reasons why
Not usually, if parents disagree on the number of nights, the CMS will usually fall back to the default position, which is making a reduction of one night a week.
So although I have him 2 nights minimum usually 3 they will say I only have him 1 if I contest it ?
Basically, if she says 2 nights a week, then they will probably accept that, but if you contest it and she then says actually, you only have him one night (or less) per week, then they'll go for the default of 1 night. The problem CMS face is that it's almost impossible to prove how many nights per week over the year, so they have to have some sort of default.
It's disgusting how much power the mother has in situations like this. Unless you have the money to go to court then can use a child as a pawn to get what they demand. Breaks my heart
What to stop me telling the CSA I am still seeing him 3 days ? I mean she's lying telling them I'm not wanting to see my son when In fact she's stopping me
I have just spoken to the csa who confirm the below
they will go with whatever my ex says as shes the main parent. she doesn't need any proof. if she later decides to say I see him 1 night even its a lie they wont investigate they wont ask for proof.
they will simply UP MY PAYMENT
what a world we live in! no balance no fairness.
I feel powerless as I don't have cash to go to court or mediation.
gutted isn't the word I now get less time with my son and I have to pay more
The issue isn't the CSA, the problem is your ex-wife lying, and much as the CSA isn't the best organisation in the world, they don't have the means to establish that she is lying about this.
Have they gone for the default of 1 day, or are they not even allowing this? If not, I'd argue that and point them to their own guidelines again, and if no success, then go through the official complaint procedure (tell them you intend to do so, it might prompt them to give your the 1/7th, it'll be easier for them).
I will do a child arragment order and put forward what routine your child has been used to if you get 2 or 3 overnights in the final child arrangement order then that will be what you need as strong evidence for the cms
Just because you have a Financial Arrangement order is no guarantee the CMS will regard it as evidence you have your son 3nights per week. If your ex-partner alleges you see him two nights per week, they will take her word over yours. It is not fair, I know, but that is the system.
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