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After 3 battles in court I and able to finally submit evidence at a final hearing, I have now full custody of our 7 year old daughter. This was granted in the most recent CAO 2 years ago. Child’s mother can have time with our daughter alternate weeks Friday- Monday and other times such as holidays which I encouraged. However my ex has lost interest in seeing our daughter and rarely wishes to see her. She has never agreed to more than at most one night a month. However at both annual reviews I have asked for a mandatory reconsideration and both have been rejected. My ex claims she has over 52 nights exactly as in the court order. CMS reject my reconsideration stating the reason being that there is not a court order that proves this “ new arrangement” how can I possibly prove my ex is providing false information and that contact does not take place to stop the reduction in payments my ex makes . I am sad for our daughter but she now feels rejected by her mother and I would never force her to spend time with her mother who makes it clear she isn’t interested so why should I go back to court just for evidence for the CMS. It’s ridiculous how they always go with a court ordered arrangements. I have found case law relating to fathers being told to follow this route for breeches and going back to court for mothers not allowing contact ( or the other way around) but nothing relating to this situation. When my daughter lived with her mother I would have never tried to get away with not fulfilling my financial obligations. Please advice or suggest how I can prove overnight stays do not take place ? Our daughter is disabled and I am almost her full time career so money is very short.
hi,
have come across cases where CMS take the resident parents word over a court order, but other times they ask for an updated court order.
instead of waiting for annual review, you can log into your account and report change in shared care.
Even if change is accepted, outcome is you will probably get £30-40 more each month.
I recommend you join this support group for paying parents:
https://www.facebook.com/groups/239699060076601/?ref=share
@dadmod2 thanks for responding. The group you mention is for paying parents so not suitable. I tried to report the shared care not happening but it was rejected as mother lied and no evidence. Additionally reported non payments and sent bank statements online and by post with no response. The annual review was 3 weeks ago. The arrears of £500 cannot be claimed after the review. It’s as though they don’t actually look into these things. Tried to call the CMS . Was on the phone for 80 minutes waiting then was cut off.
Does anyone know what evidence would be accepted to show overnight stays as per a court order do not take place?
@jj3345 you could try take time stamped photos of kids staying overnight with you. and could contact your MP for support. most reliable evidence for CMS would be a revised court order, which would be a hassle to sort out.
@dadmod2 thanks. My daughter lives with me and rarely sees her mother. All I really have are texts messages from the mother stating she cannot have our daughter overnight or that she wants me to collect our daughter before bedtime. Would the CMS be interested in these.
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