CMS issues - they seem biased . How do I sort this ?

[CMSaretwats]

AIBU to think the CMS are terrible ?

Yes they are terrible . No they are not .

So my ex is lying to the CMS about contact with our twins.

We don’t have a child arrangement order just some reference to 50/50 in the financial settlement several years ago.

The twins are now almost 15 and have not stayed with him for a year ( their choice ) but he is saying they have started staying with him again.

The CMS seem to take his word for it . They have asked for the court order as evidence - so that would be the court order that does not exist .

Do I need to go to court as a paperwork exercise or will they accept my word ? What evidence can I provide in this situation ?

Anyone ?

Hopeful bump that someone can help

I dont know what evidence they will accept, you would have to check with them.

But things that spring to mind are
Signed statement from your children about how often they go to their dads
Phone records, do you have any kind of tracker or app on their phone that would be able to show how often they visit
Any copies of text correspondence between you and your children, or photos etc that make clear they were with you on the dates he is claiming they were with him.

They're 15. Could they not tell CMS? Or sign something.

I think I will go down the route of getting them to write a brief statement and uploading .
It is all online now and impossible to speak to an actual person.

I was warned that I could be prosecuted if I upload false information. Will my ex be prosecuted for giving them false information ?

My ex has a conviction for harassment against me and this brings up all sorts of issues for me so I find it very hard to cope with.

Thank you for the help .

@Willyoujustbequiet

They're 15. Could they not tell CMS? Or sign something.

Cms said they wouldn’t take any word of the child when my sister was having this issue so I wouldn’t count on that.

My sisters ex did the same said he was having my nephew when he wasn’t, they had a court order though but he had stopped going there but cms would only go on the court order which said he was to have him on certain days, my sister said he son can tell them he doesn’t have him but cms said they won’t take the word of a child.

So if there is no court order how do you prove what night a child does / does not stay ?

Tell them about the conviction for harassment.

He’ll need a court order as proof, they can’t ask you to prove something that doesn’t exist

If they don’t sort it speak to your MP, they can sometimes have good results. Too often CMS just take the word of whoever shouts the loudest.

I emailed my MP awhile ago and got a terrible response . A written shoulder shrug saying essentially ‘ some men will wriggle out of it ‘

Guess which party my MP is ?

I wouldn’t expect much from the mp tbh despite it being said on here I’ve never had any good experience with going to see MPs.

If there is no court order then cms really should be taking your word for it, just stating that cms won’t take the child’s word for it.

That’s a shame. Usually pestering CMS is an easy job for MP’s (well, their assistants) so makes them look good with little effort.

That’s a shit response given that CMS is there to deal with men like that (though they are shit, I worked there very very briefly and the training is crap and even they don’t seem to realise half the powers they have)