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TOPIC: Ex telling CMS I have less overnights than I do

Ex telling CMS I have less overnights than I do 1 week 1 day ago #98231

CMS have made an assessment based on my ex telling them I have only 2 nights a week. I have emails and texts from my ex confirming 3 nights a week and the rotation. I even have a handwritten 2 week calendar she photo’d and text me so the text proves it’s from her

CMS say they won’t change their assessment without a court order and refuse to review the information I have confirming it is 3 nights per week.

Any advice on how to proceed. Clearly they don’t actually verify their decisions as apparently the law states they just take the lesser number of nights without question.

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Last Edit: by Harry Potter.

Ex telling CMS I have less overnights than I do 1 week 1 day ago #98241

  • actd
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Unfortunately, CMS effectively make their own rules on what they will accept as evidence, and in fact, their default position when there is a dispute is 1 day per week, so your ex has actually slipped up in saying that it's 2 days per week. I can't see that there is much you can unless you can persuade them to change their position. You can try to complain through the official complaints procedure, and also complain to your MP.

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Ex telling CMS I have less overnights than I do 1 week 15 hours ago #98247

  • Mojo
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Firstly I would suggest that you put everything in writing, phone calls are more convenient but there’s no proof of what has been said, so to difficult to hold them to account.

I would ask for it to be looked at again and provide printouts of the evidence that you have with an explanation, and ask that all responses and further communication be in writing.

They do have a complaints procedure and once you escalate it, a more specialist member of the CMS staff will look at it.

Best of luck

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

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