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Legal matters

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Ex taking me to court over 4 month old

148 replies

namechanger247334 · 17/01/2021 22:04

Has anyone been in a similar situation, I'm so scared, my ex is threatening to take me to court over our 4 month old, need a hand hold

OP posts:
Santaiscovidfree · 17/01/2021 22:06

Under a year old he would not get overnights.. What contact has he had? What effort has he made? Cms? Are you bf? Is he on the bc?

Boonlark · 17/01/2021 22:10

Take a breath.

Firstly, has he had solicitors contact you, or is he just threatening court? A lot of men threaten but don't carry the threat out once they find out how much it costs

Secondly, is he on the birth certificate?

Thirdly, does he have contact time with your baby at the moment? If not, is there a good reason why he doesn't?

endofthelinefinally · 17/01/2021 22:11

It will cost him a lot of money. He would only ever be granted short periods of contact, no overnights. Even less if you are breast feeding.
What does he want the judge to award him?

doctorhamster · 17/01/2021 22:12

No judge in the land will make you hand over a 4 month old op. Get some proper legal advice Flowers

namechanger247334 · 17/01/2021 22:21

He's not on the bc but knows this so I have a feeling if he did go to court he would want to get in there.
Because of covid we FaceTime every Sunday, today he couldn't do it so I said ok we'll do it next week and he said he's going to take me to court as I'm denying him access, and now said he wants to FaceTime everyday.
He's manipulative and emotionally abusive and controlling so even texting him makes me very stressed.
I'm breastfeeding and baby has allergies and reflux so feeds every hour! She also will not take a bottle, of my milk or her dairy free formula

OP posts:
Theunamedcat · 17/01/2021 22:23

Did he text you to tell you this?

namechanger247334 · 17/01/2021 22:23

His mother has got 8 children by 3 different men and has gone to court for all of them so his family knows exactly how it works, so I reckon he will take me to court, although I'm not sure exactly what he was, he's seen her twice and then lockdown happened and gaining advice from the hospital, she's a small baby so we agreed to FaceTime

OP posts:
namechanger247334 · 17/01/2021 22:23

@Theunamedcat
Yes, we also had a phone call this afternoon as I was in tears and he said this is what's best for everyone

OP posts:
namechanger247334 · 17/01/2021 22:24

@endofthelinefinally
He doesn't work so would he get legal aid?
He also lives 90 minutes away which helps but I have no idea what to expect

OP posts:
namechanger247334 · 17/01/2021 22:25

How much would it actually cost him?

OP posts:
Unicant · 17/01/2021 22:31

can you move towns and change your number? If hes not on the bc he would first have to find you and the have to go to court to prove he is the father and put himself on the certificate and then have to build up contact?
I know a tonne of people will be along telling me what a shit person I am to say that and kids need their dads.. but quite honestly I think its far better kids don't have abusive narcissists in their lives and have to be abusedand watch their mother be abused.. if it were me I'd just leave and not tell him where I was going. Until his names on the birth certificate he isn't legally her father and has no rights.
Why is he not on the birth certificate?

Theunamedcat · 17/01/2021 22:32

You cannot just get legal aid anymore and accusations of withholding contact need to have proof and as he is the one not seeing the child it sounds like he has manufactured conflict to get a court case he might be surprised to find the system has changed and he has to pay for mediation first

Get everything in writing first if he calls text back confirmation so for example, further to our call earlier today can you confirm we agreed xyz as a plan moving forward ideally only communicate in writing there is an app called talking parents it doesnt allow for messages to be deleted or altered

GlowingOrb · 17/01/2021 22:33

Court doesn’t have to be bad. It can protect you as much as it helps him. You want a graduated visitation schedule. for an infant that means frequent, short visits. You don’t want him in your home so He can come meet you near your home at a park or a library for an hour at a time.

endofthelinefinally · 17/01/2021 22:33

Talk to your health visitor asap. Tell her everything you have written here. He is bullying you. What is best for your baby is to be with you.

LochJessMonster · 17/01/2021 22:36

He is well within his rights to get him name put on the birth certificate.

He also should be able to see his baby, ideally with you there to feed when required.
But he needs to make the journey towards you.

Because of covid we FaceTime every Sunday, today he couldn't do it so I said ok we'll do it next week that was a bit out of order, you could have rearranged for tomorrow.

partyatthepalace · 17/01/2021 22:39

OP I don’t think for a second any judge would take her from you.

So take a breath. Get hold of a notebook, write down everything that has happened since Friday, and write down every threat and manipulation from him going forward - time and dates.

Get some legal advice tomorrow. Start with citizens advice (hopefully someone will come along with more specific advice.)

Do not allow him to bully you on the phone, have the facetime for the baby and keep all other communication by text - ideally email as it’s more distant than actual texts.

Try not to worry too much - he will not be able to remove her and I doubt he really wants to. He sounds like a thoroughly unpleasant piece of work who just enjoys bullying you - try to avoid face contact or phone calls because it makes it harder for him to do this.

Also - do you have family support??

DifficultBloodyWoman · 17/01/2021 22:44

How long do these face time calls usually last? I can see that they would be nice for him but are they of any use to the baby? I really can’t see a judge ordering anything more than twice a week to be honest.

I would say he is being massively premature in threatening court. Most likely, it is just a continuation of his manipulative and controlling behaviour.

The fact that his mother went to court and understands the system for all of her 8 children with 3 fathers (so potentially only 3 court cases) is irrelevant. Her situation is different to yours. If that really happened, she would know and advise him that contact with babies is advised to be little and often with no overnights until the age of 2+.

So...put it in writing - I am not withholding contact. You said you couldn’t make the call as planned today and I accepted that and said ‘ok, next week then’. Do you have an alternative? (You are demonstrating being open, reasonable and flexible).

If it is convenient for you, accept his alternative. If not, suggest something else. (Remember that he cancelled contact first, not you).

Is he saying you are withholding contact because he hasn’t seen her in person? If so, I can understand his upset. Unless you have very specific medical advice because of COVID, make arrangements to let him see the baby little and often. You can say that because of covid it cannot be in your home and meet in the park instead. Given the baby’s feeding schedule, the visits will necessarily be short because you may be more comfortable returning home to breast feed.

Alternatively, you can dig your heels in and refuse to have any further contact. If you go down that road, change your phone number and don’t do anything until you hear from his solicitor/the court. Communicate only through legal channels. It will cost him money and he may not be bothered enough to try. If he does, he will likely be given access but, again, little and often is recommended for babies and overnights won’t happen for a couple of years.

Theunamedcat · 17/01/2021 22:45

@LochJessMonster

He is well within his rights to get him name put on the birth certificate.

He also should be able to see his baby, ideally with you there to feed when required.
But he needs to make the journey towards you.

Because of covid we FaceTime every Sunday, today he couldn't do it so I said ok we'll do it next week that was a bit out of order, you could have rearranged for tomorrow.

Did you even read it? HE couldn't do it not her you even quoted it HE couldn't set aside a measly hour to see his fucking kid and you think she is out of order for saying ok? Its not like she said fuck off you cunt your never seeing her again
DifficultBloodyWoman · 17/01/2021 22:50

Also, is he paying child support? Has he offered to do so?

That is an entirely separate matter to being on the birth certificate but, if he is paying, it would indicate to the court that he was willing to be an active father (at that point in time, at least)

DeRigueurMortis · 17/01/2021 22:51

So a few things.

Firstly, as pp's have said going to court isn't necessarily a bad thing for you.

No court will enforce you handing over a EBF baby for extended periods of time.

There's also no guarantee he will go to court. He might know the system but frankly based on so many threads like this it's simply a threat that they rarely carry out due to money and effort.

In your situation, I'd be thinking about what to do in case he takes you to court.

You need to be the reasonable parent.

I understand why you don't want daily FaceTime. It's stressful for you and he's not exactly "conversing" with a 4 month old.

On the other hand him only "speaking" to her once a week online is obviously very "limited".

So in your shoes I'd go back to him suggesting he records so videos of himself talking to the baby, reading a story etc that he can send to you and you can "show" the baby. Thus you've shown willingness that your child should know his face/voice but avoided the stress of FaceTime.

I'd also be a little bit flexible about the weekly FT. If he can't do Sunday then I'd give him one (just one) other time slot. This is demonstrating you being flexible but if he can't do the second slot it shows he hasn't got his priorities straight.

Make sure you keep records of all communication and never communicate with him in a state of anger. Every email/text you send, assume a judge will see it.

In short you need to play a long game. Let him threaten and give him enough rope to show him for the bully he is whilst keeping your own hands clean.

Mycomfyplacetochill · 17/01/2021 22:52

He's just trying to upset you. At best he will get day time access but as she's still BF he can't have her all to himself

Just ignore him and carry on letting him see her over FaceTime but I'd keep a record of these calls and any other communications between you just in case the idiot thinks a judge would give him air

If he's not recorded as the father then he's getting nowhere soon

Boonlark · 17/01/2021 22:53

So while he's not on the bc, he cannot demand anything. He can get the court to order a dna test and then get put on the certificate. It's expensive and he won't get legal aid. It sounds like he just trying to intimidate you.

Having said that, the lockdown rules have always allowed parents to enable contact between the children and the other parent. Is there a reason why you don't want him to see her in person? And was facetime his idea or yours? As in, has he asked for in person contact at all, or only virtual contact?

DeRigueurMortis · 17/01/2021 22:57

Did you even read it? HE couldn't do it not her you even quoted it HE couldn't set aside a measly hour to see his fucking kid and you think she is out of order for saying ok? Its not like she said fuck off you cunt your never seeing her again

No she didn't.

But if he does go to court the OP needs to consider how her actions will be interpreted.

There are valid reasons (though I'm not suggesting his were valid) why he could not do the call at that time. So its best to say ok I can do "these" times this week, pick one that suits you, rather than wait until the next call.

Saying no, as the OP did just raises the temperature where he wants a call every day.

I've every sympathy with the OP but getting her riled up in this way isn't helping her situation.

movingonup20 · 17/01/2021 23:01

To be honest you need to meet him part way, he couldn't FaceTime today so why not offer to tomorrow. Being difficult won't do you any favours

FenellaVelour · 17/01/2021 23:03

DeRigueurMortis has given good advice.
What is he actually expecting a court to do? Daily FaceTime with a baby is ridiculous and no court would agree to that. Is he wanting to actually see his child? He would need to travel to you in that case but it would be short visits especially as she’s still regularly breastfeeding.

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