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My ex and I split nearly 3 years ago and luckily my shift pattern enabled me to have my children pretty much whenever I wanted which now has developed into 65-70% of the time. Things have aways lown hot and cold between us however recently communication between me and my ex totally broke down and things took a turn for the worse resulting in my ex putting a claim into the CMS and stating that I only have my children twice a week! I protested stating that We have shared residency and in fact the children are with me most of the time, I even kept a record of the nights my children stayed with me because of my ex's unpredictably and in the last year it was 260 out of 366, I told the CMS this and sent them a letter from the headteacher of my children's school stating that I am the primary contact for the children and they haven't had any dealings with their mother for several years but still the CMS will not do anything except tell me I need a court order and now, because I'm contesting the decision ,they've threatened to take action against me! Is there anything else I can do? Any advice would be greatly appreciated
Hi There,
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The way that the CMS work is that unless there is a court order that when the resident parent contest the number of nights they resort to the standard of 52 nights a year, the only way you can get this over turned as far as I know would be to get a court order that states the number of nights that you actually have the children stay.
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I would imagine that if you went to court your ex would probably argue and your time with your children would be reduced so that she could then get as much money through CMS [censored] possible.
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GTTS
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