Have you tried suggesting that to her? I guess it's possible she may agree to the extra night if you offered to pay the same level of maintenance as now - but I doubt it somehow. Because then there is no legal requirement to pay the maintenance and she wouldn't trust you to pay it. All the while the CMS calculate it, she knows you have to pay it so she can rely on it. Which is silly because you can never rely on it - if you became unemployed you couldn't pay it (and would only have to pay the basic £7 a week or something). It might even be zero with 6 nights a fortnight.
I don't know if you would get the extra night if you went to court. They would probably wonder why you're in court when you have 6/14 and are seeing your child regularly. And might see it as pedantic to argue over 1 night (Dads get the blame there, not Mums - because its normal for Mums to have more time usually). You would need a strong argument (which I am sure you could make) that it's important it's an equal schedule and you are not trying to avoid CMS and have offered to still pay something plus share all the school costs, which is equivalent to before.
What might happen though, if you applied to court - is she would reduce the time to a lot less, as soon as she got your court application, and it could take over a year of going through court to get the time back. This happens. So in a way she holds all the cards right now - which is why I was saying it's probably a good deal. A bird in the hand. It's annoying and frustrating but it's a good schedule.
She's been clear she wants the CMS so she isn't going to budge. She isn't witholding the child. You may or may not get 50/50 if you applied to court but for a year or so you are likely to have a lot of issues and less time. The danger there is, court cases are taking so long to complete that by a final hearing she is likely to argue that your child is now used to the current schedule of, say, 4 nights a fortnight, and you get stuck with that.
I don't know if you would get the extra night if you went to court. They would probably wonder why you're in court when you have 6/14 and are seeing your child regularly. And might see it as pedantic to argue over 1 night (Dads get the blame there, not Mums - because its normal for Mums to have more time usually). You would need a strong argument (which I am sure you could make) that it's important it's an equal schedule and you are not trying to avoid CMS and have offered to still pay something plus share all the school costs, which is equivalent to before.
What might happen though, if you applied to court - is she would reduce the time to a lot less, as soon as she got your court application, and it could take over a year of going through court to get the time back. This happens. So in a way she holds all the cards right now - which is why I was saying it's probably a good deal. A bird in the hand. It's annoying and frustrating but it's a good schedule.
She's been clear she wants the CMS so she isn't going to budge. She isn't witholding the child. You may or may not get 50/50 if you applied to court but for a year or so you are likely to have a lot of issues and less time. The danger there is, court cases are taking so long to complete that by a final hearing she is likely to argue that your child is now used to the current schedule of, say, 4 nights a fortnight, and you get stuck with that.