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Overnight stays with Paternal Family & CMS

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I recently had a tribunal hearing related to the CMS being incompetent in calculating my income from 7 years ago !! But that's another story (and a very long one).

My ex had also made an application to the tribunal for a change in the number of nights - she's done this numerous times with the CMS to increase her maintenance even though there is a court order in place showing I have 56 nights with the kids.

When I've had the kids, they have asked if they could go for a 'sleepover' with their older sister or their grandparents (my side) which I happily do so that they can maintain the relationships.  In addition, my ex cancelled 3 weekends on me which immediately put me under the 52 nights.  The judge at the tribunal has ruled that, on the basis that I did not stay overnight with the children when they had their sleepovers - these nights did not count.  I really do not see how this is right or just considering I drop them off at say 6pm, stay for dinner and then leave them to their sleepover and pick them back up the following morning.

Surely, as they are still effectively under my care as I have parental responsibility and that they are with their paternal family, these nights should count?  And how can my ex cancelling nights also count against me?

Any help / suggestions welcome

Topic starter Posted : 23/05/2023 3:15 pm
Illustrious Member


that is very disappointing to hear. I recommend this CMS support group for paying parents. there are many people there that have been through tribunal system, and can offer lots of advice:

Posted : 23/05/2023 11:36 pm

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