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Legal matters

DS1 and his stepmum.

178 replies

CouthyMow · 04/08/2012 10:24

Long story, cut short, but may mean an element of drip feeding. DS1 is 10yo now.

Ex has had a court order for access to DS1 since he was 3yo. He moved in with his current partner when DS1 was 4yo. She already had a child from a previous relationship. He is now 7yo, and has been diagnosed with Autism and ADHD. Ex and new partner now have two other children, a son who is about to turn 3yo, and a daughter who is 7mo.

DS1 has had numerous problems with his SM, and her actions (I feel it borders on cruelty/ emotional abuse), he complains about not wanting to go, which has me telling him, bright and breezy, that he has to go.

He went there last Friday, for a week. He came back yesterday evening. He started telling me about an argument between his dad and his SM, about her selling my Ex's computer game to buy yet another wrap sling.

The row went on till 5am, when SM walked out WITHOUT the 7mo baby, who is ebf. No bottles in the house, no money left for Ex (she took all the money), no phone (ex not allowed a mobile) and no keys as she took them.

She was gone till 11am that day. Ex and DS1 were 'juggling' (DS1's words) a 7yo with Autism, an almost 3yo with development delay AND a very hungry screaming 7mo. When she got back, DS1 asked if she could help with the baby, and she grabbed his wrist. He has fingertip bruising on his wrist. Which I had noticed, and was what prompted the discussion.

She stormed upstairs, but her 7yo was on the stairs. She tried to hit the 7yo, but he ducked.

She stayed in her room for half an hour, during which time, Ex was dealing with the 7yo & 3yo, and DS1 was dealing with the hungry 7mo.

In the end, DS1 went upstairs and tried to get her to come and feed her baby. He called her an idiot and told her that sulking in her room like that made her an 'overgrown teenager'. She went to hit him, he shouted "DON'T", and his 7yo Sbro ran out of his room, and pulled him backwards so that it didn't connect.

DS1 has told me that it is far from the first time she has raised a hand to him, though this was the first time he really knew she was going to hit him.

Another 20 minutes later, she still hadn't fed the baby, so he took the baby up, pushed the baby into her arms, and told her to do what she had to do, and stop acting like an overgrown teenager.

The thing is, Ex has spoken to DS1 in confidence, and told him that he can't leave, as he then will be unable to see or protect the toddler and baby (she WOULD make it difficult for him to see them, she has form with her 7yo's dad), and if DS1 stops going there, then Ex would be unable to see him, as she would kick him out if he went out to see DS1.

DS1 has told me to leave it until SM DOES hit him, because then she will be put in prison, and his dad will get custody of the little ones, and he will then be able to see his dad and his brother and sister without his dad losing his other DC.

My 10yo is willing to be physically hurt in order for his dad to not lose out on his little kids and to still see his dad without her there.

Can't get a solicitor, Ex is with the best firm in town, my other Ex (Ex-P) has tied up 5 other firms, and my old one no longer takes legal aid (am on benefits).

Where can I go to for advice? I feel stuck between a rock and a hard place, and so does DS1.

To complicate matters, I don't want to put additional stress on DS1 as his 11+ is in September, and he NEEDS to get into the Grammar school.

Grrrrr. I'm alternately fuming and upset.

And the worst thing? As he had a GENUINE accidental injury to his tooth while he was at his dad's, and the fingertip bruising has had half a week to heal, I'm not going to be able to prove fuck all. I only recognise fingertip bruising as I was physically abused as a child. Grrrrrrrrrr.

Where do I go for advice, when I can't get a solicitor? My friend suggested Women's Aid, but he's a child?

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Polyethyl · 04/08/2012 11:35

I can't offer advice. But what an incredible 10 yo you have raised. In a crisis he is there for his siblings.

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colditz · 04/08/2012 11:39

Ring the social services and make them aware of her behaviour. If your well behaved and mature ten year old is in danger, the other three, with their youth and disabilities, are very vulnerable indeed.

And your ten year old is ten. He hasn't told you this because he wants you to do nothing at all. He wants you to fix it.

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Dangerzones · 04/08/2012 11:44

Goodness, what a burden for a ten-year old to carry. Sad

Keep him away OP. To buy time, at least say till hes passed his entry test. He's only ten but he's being abused there, and he's expected to behave like an adult, especially by your DH.
DH needs to man up and think about Welfare of ALL his children, which includes your DS.
Sorry, no legal advice but sending you a hug, and am sure someone with legal advice will be along shortly.
Hug for DS. x

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KickTheGuru · 04/08/2012 11:46

Yeh it's a bit much for a 10yo to have - even your exp telling him things about why he can't leave. He has every adult in his life behaving like the children and he is behaving like the parent.

I suggest you step up and tell him that he is longer to go to your exp's house and that your exp can meet him elsewhere. Simply, I would go to the police and have a restraining order put against that woman - she cannot touch your son and you have no reason whatsoever to continue to put him in harms way.

He is still a child. Act like his parent and protect. Even if no one else will

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fivegomadindorset · 04/08/2012 11:46

Awful for your DS but SM sounds like she really needs help.

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funchum8am · 04/08/2012 11:49

So she is willing to have your DS in the house but NOT for your ex to go out to see him? That is a bit strange. And I agree with the poster who says she sounds like she needs help.

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TheWonderfulFanny · 04/08/2012 12:14

Jesus. Your ex is being abused - emotionally, financially, and probably physically.

Your lovely son is being abused while he's there.

And that tiny baby is being denied food by it's own mother.

Social services. Now. And I've never said that before.

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CouthyMow · 04/08/2012 12:14

I have tried 2 stop him from going there, but in the absence of legal advice, I am treading a very thin line. I was told by the CAB that if I stop him from going there, I will be in breach of the court order, and could be put in prison for 6 weeks. And given that the local judge HAS done this numerous times before, I can't really risk it.

I am going to Women's Aid on Monday, as they have a solicitor there, but even they have said that little will be done before DS1 has to go back on Friday.

If I don't send him, his dad WILL call the police, as I'll be in breach of the court order.

Feel lost, and powerless to do anything to help. All I can do is speak to Women's Aid.

I can't breach the court order, have two other SEN DC that I can't be separated from. No childcare even if I have to spend a few hours in a cell for breaching the court order...

I know I sound spineless, but I am trying to do all that I can. I am even researching family law solicitors in the next town over, 30 miles away by train. What else can I do?!

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CouthyMow · 04/08/2012 12:16

Thing is, my Ex will back up his partner, it will be the word of two adults against a 10yo's word, and if nothing comes of it, it puts him a greater risk of harm because she will be so angry with him. Those are my 10yo DS1's words...

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CouthyMow · 04/08/2012 12:17

And YES, my Ex is being abused, emotionally and financially, probably physically too, he is a shadow of his former self.

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CouthyMow · 04/08/2012 12:19

Funchum, I agree it is strange, but she has said outright that the only way DS1 gets to see his dad is at her house, ditto DS1's younger brother and sister.

DS1 doesn't want to stop seeing his dad, brother and sister. Hence him asking me not to do anything till she actually hits him.

I can't leave it to get to that stage!

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TheWonderfulFanny · 04/08/2012 12:31

Hmm.. Tricky.

Your son's a bit of a hero really, but too young to be taking this on himself.

Did you photograph the bruising? Would be a characteristic pattern. And a sw could also talk to the neighbours, who would have seen and heard some of this behaviour themselves.

You could also report the assault to the police - no way a judge would hold you to a contact order while it was being investigated I would have thought? And you could report the spousal abuse so there's a flag on the address for any neighbour complaints about shouting?

Racking my brains here...

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bluebus · 04/08/2012 12:38

You won't be done for breaching the order providing you contact social services and alert them to your concerns.

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thedoublek · 04/08/2012 12:44

Surely if your child has been assaulted you should go to the police and let them bring in social services .
You are in danger of blurring the issue here with the story of the hungry baby, autistic child etc. Your responsibility is to your child, it is not his place to 'save' his siblings that is the job of the authorities and or your ex.
Concentrate on your child and report this matter immediately.

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CouthyMow · 04/08/2012 13:35

I think I will. I did take photos of the bruising as soon as I saw it. SS first I think.

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GrasshopperNchipmunk · 04/08/2012 13:42

I agree with the poster above.

You absolutely have a duty to protect your child (putting the other children aside for the moment).

You must act as a protective parent, and cannot continue to send your son to contact knowing he is being placed at risk.

Your son has made a number of serious allegations, re. SM trying to hit him/ other children, causing bruising etc, these need to be investigated by the police and children's services.

You will not get into trouble with a judge for suspending contact until these allegations have been investigated.

You cannot be confident that your ex is able to keep your child safe during contact, and this is why it is YOUR responsibility to ensure he is safe.

i didn't really understand the feeding issue with the baby, at 7months I would've thought the baby would be on solids/ weening at least. This is a none issue anyway, if she is refusing to feed the baby, your ex needs to go and buy a bottle, some formula (or cows milk)... After all, he is a parent too.

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GrasshopperNchipmunk · 04/08/2012 13:44

Sorry of my post came across abit 'unfriendly', didn't mean it to be.

Trying to type whilst feeding a baby and watching a toddler!

I work in child protection btw

Good luck with SS

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TheWonderfulFanny · 04/08/2012 14:09

Grasshopper - think you missed the bit where the wife wouldn't leave any money with the ex :-(

Good luck couthy, let us know how it goes? Shall be worrying about your lovely son otherwise... :-)

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GrasshopperNchipmunk · 04/08/2012 14:20

No I don't Sad I meant in the future. If he knows that she is not reliable regarding feeding, then he needs to prepare for next time.

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fuzzywuzzy · 04/08/2012 14:31

I'm sure you can get free formula, the clinic where I used to take dd to be weighed & measured used to give free formula to some of the mums. I don't know how it works as I used to ebf tho do could be wrong.

If your ex won't back his son up he's colluding in the abuse if all his children. Which is as bad.

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LurkingAndLearningLovesCats · 04/08/2012 14:44

I agree that you have to go to Social Services or the police. Your best chance by the sound of it is getting a temporary intervention order against this woman.

As an abused child, and you also having the same terrible experience, are you sure this is all of it? Your son sounds very mature and wants to protect his dad, he's probably keeping things from you. :(

If it helps, the word of a 10 year old with documented bruising against two adults who have reason to lie will be taken seriously.

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CouthyMow · 04/08/2012 19:37

I will be contacting Social Services in the morning (planned day out, didn't want DS1 to miss out just because of what has happened, he would blame himself if his siblings missed out, don't want him to have any further reasons to feel bad)

DS1 has accepted that I have to tell SS, he didn't want me to because he is worried that if it is unproven, and he has to go back, that she will be even worse towards him.

His Dad denied even to DS1 when he showed him the bruising the next day that SM had done it, Ex said that he must have already had the bruising.

Ex can't buy bottles etc, he has no money as he is made to hand it all to her. No free formula either.

I know what I have to do, but it is going to cause WW3, DS1 will probably never see his dad or his siblings again, and I will have to help him through that emotional turmoil at the same time as he is meant to be prepping for his 11+.

I want to kill her, tbh, I know I can't, I won't touch her, but I WANT to...

Instead, DS1 is in a shitty place no matter WHAT I do.

At first he was begging me not to tell anyone as he wants to keep seeing his dad.

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LurkingAndLearningLovesCats · 04/08/2012 19:53

I know you probably have a natural 'mother's guilt' about DS not seeing his father, but if your ex isn't prepared to keep him safe then he's no father at all.

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TheWonderfulFanny · 04/08/2012 19:57

Couthy, maybe this is the prompt your ex needs to be able to leave her? Surely if Social Services get involved he'll have to see that she's not parenting adequately, and that he might be at risk of losing all the kids if he doesn't sort himself out?

Best of luck. And your DS will remember the time you did your best to keep him safe.

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CouthyMow · 04/08/2012 21:07

It's Mother's guilt, but also how DS1 feels. Sad

God, it's such a nightmare. And Ex won't leave her because he won't want to leave the little ones with her.

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