Overnight reductions

[Billy249]

I've decided to post all my questions individually in order to avoid boring the hell out of people who have read the countless stories on here which are all basically the same (the non resident parent being shafted). So here goes

In 2016 I agreed a plan of when I would have my 2 kids with my ex. It was based around my shift work, their schooling, their holidays and when I could get holiday myself. Without realising it or meaning it to be, the total nights was 59. This qualified me to pay a reduced maintenance amount.
From around August 2016 my ex began cancelling some of the nights here and there. I didn't foresee what was happening. There were always decent excuses like "she's been invited to her friends this weekend, or it's nannys birthday weekend, we are going away that weekend" and so on. I've been one to try and avoid making my kids miss out on trips, friends and thus have always been flexible and said yes more so than no. By the end of 2016 she had 'pinched' enough nights to lower it to 51! 51 nights!! Of course this meant I did not qualify for the rebate/reduced payment amount that you can get for overnight stays. I lost out by one night because I wasn't clued up enough to think of the £££ first.

So my question(s) - Is there anything that can be done to protect yourself against this 'pinching nights' behaviour? Or do you have to just accept it?

[Drew65]

Yes...simply put ,and the most painful unamicable way...
Court order....and take her back again and again if she defies it...
Whats good for them is good for you...and I am pretty sure most ex's wouldnt hesitate to take you there if you were playing up

Mark will probably chirp in with his knowledge as thats his department, I do the CMS stuff so not so knowledgeable about C100's

[MarkR]

(07-24-2017, 10:12 PM)Billy249 Wrote: I've decided to post all my questions individually in order to avoid boring the hell out of people who have read the countless stories on here which are all basically the same (the non resident parent being shafted). So here goes

In 2016 I agreed a plan of when I would have my 2 kids with my ex. It was based around my shift work, their schooling, their holidays and when I could get holiday myself. Without realising it or meaning it to be, the total nights was 59. This qualified me to pay a reduced maintenance amount.
From around August 2016 my ex began cancelling some of the nights here and there. I didn't foresee what was happening. There were always decent excuses like "she's been invited to her friends this weekend, or it's nannys birthday weekend, we are going away that weekend" and so on. I've been one to try and avoid making my kids miss out on trips, friends and thus have always been flexible and said yes more so than no. By the end of 2016 she had 'pinched' enough nights to lower it to 51! 51 nights!! Of course this meant I did not qualify for the rebate/reduced payment amount that you can get for overnight stays. I lost out by one night because I wasn't clued up enough to think of the £££ first.

So my question(s) - Is there anything that can be done to protect yourself against this 'pinching nights' behaviour? Or do you have to just accept it?

Are you sure you are working off a Timetabled Case Year, not a tax year.

If as an example CMS was put in on the 1st September, you would look at planned nights between 1st September and 31st August. You can find out your case year by loging in on the website.

If this happned in a case year, ask for Mandatry Reconsideration based on the fact the planned nights exceeded this, and she then broke the agreement, resulting in the drop.

Is this agreement you have from Mediation. If not then thats the way this has to go.

Do not agree to anything unless there is a clause in it saying if the child gets invited somewhere in your time, its your decsion on if the child goes, and that would be subject to you getting an altenative date.

If you get "Deadlock", then its Court on a C100. Exibit your old arrangements and explain what she done.