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My request for help is different from other users as I have no probelms seeing my children on the contrary I see them all the time.
I have 3 children 22yr, 17yr & 14yrs, over the past 3 years we have eventually agreed to disagree on ovas as she capitalised on having every weekend. 18 months ago (when she stopped recieving money for him) the 22yrold moved in with me....no probs, I was still paying CSA for the 14yr old and then 16yr old with contact 3/7.
12 months ago the now 17yr old regularly started staying with me, seeing his mum once a week, so over the months I repeatedly asked her to contact the CSA & C Benefit and come clean about residency as she was still recieving money from me and the CB for him, but of course she ignored me.
Eventually 10 months later... last Sept, I contacted the CB and was awarded CB...great!
I then contacted the CSA and removed the then 16yr old from the case...great!
I then explained to the ex that I could claim through CMS but would prefer her to cancel 14yr olds case through the CSA and we call it quits...she said no! so I raised CMS case for 17yr old (who is now in further education)...great!
Now it gets tricky...of course the ex didn't want to pay me for the welfare of the 17yr old so she has told CMS, CSA & CB that he lives with her....bad! they have all put cases on hold. They stated they had recieved court papers stating that the children reside with her, however I explained we never went to court for custordy and I can only presume the papers they claim to have are from our divorce which named the children as part of the family but did not exercised its powers bla bla bla......as part of the divorce. I have asked the CMS, CSA & CB to send these so called papers but they will not and unless I can prove otherwise they will not award residency. I have also pointed out that even if there was a court order for residency...which there wasn't, the child in question is now over 16yrs and can legally decide himself where he resides.....
Its not the money I am concerned about but morally why should she be able to control/stall things and why will the agencies not understand the rights of the child...I am at my tether of what to do, what further to say and what to do next. I feel that she is morally and legally being fraudulant at the expense of the childrens welfare...please someone help.
Hi there
It's tough and is a situation that we see here regularly. My advice would be to take this to your MP and ask for their assistance. Make an appointment at their local surgery and take your 17 year old with you and any paperwork you have . You would be surprised at the sway MPs have over these government departments. Ask the MP to refer this to the Parliamentary Omsbudsman, although you might find that a phone call from your MP to the relevant department might just do the trick.
Good luck.
I've just noticed that you have duplicated this post a couple of times, to prevent confusion I'll delete the other two so that any other responses you get will all be under one topic.
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