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Can the court force me to do handovers with abuser ex?

56 replies

Pastarasta1 · 05/09/2023 15:52

Currently going through family court. I have been explicitly clear that I will have no contact whatsoever with my daughters father. I'm terrified of him.. I just can't. We have no suitable third party for handovers if contact moves away from supervised and cafcass aren't keen for the contact centre to be used at handovers. Cafcass officer is trying to force me to agree to handovers.. I can't, I just can't.
My solicitor has advised we're protected by Practice Direction 12J so the court will only make an order if its safe.
Can the court force me to do handovers with him?

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Kupaka · 02/11/2024 13:33

Seriously, wtf???!!!

@daffodilandtulip, you were hit and had your shoulder torn during handovers, but were still ordered to continue??!

Did you report to those incidents: to the police, your lawyer, child care service? And they all said: that's ok, he can continue doing that to you because he's your kid's dad??!!

So basically if a stranger did that to you, he would face criminal charges for assault, but since he's your kid's dad, he can beat you up and face no consequences "because reporting him is ABUSIVE TO CHILDREN"??

Honestly, wtf??!!

misssunshine4040 · 06/09/2023 23:23

@daffodilandtulip and @Nat6999 this is sick. I'm so sorry you both had to endure this.
I'm in a similar situation and I just can't get my head around how it's allowed or even thought of as acceptable.

Brotherlove · 06/09/2023 19:23

Re school events. Parents evenings etc just ask to ensure appointments are on different days, same with tickets for Xmas concerts.
Class assembly, summer fayre and one off events you might just have to avoid, or sit and the back and leave if he turns up? You may find he doesn't bother....mine certainly can't be bothered to show up for his kid...the novelty soon wears off!

Brotherlove · 06/09/2023 19:16

Cafcass class weekend contact as fri-mon, usually every other week. It's a normal pattern and using school is very normal too because of the situation you (and lots of women) are in with handovers.
Courts like it as it makes it easy on the child, and they are first and foremost if course.

Using a Saturday hobby is also a good idea - you drop, he collects, but it gives no return point usually and can get complicated.

Nat6999 · 06/09/2023 18:38

I had to do handovers to exh who had raped me, Caffcass & courts didn't care.

daffodilandtulip · 06/09/2023 18:25

Yes they can. I was hit and had my shoulder torn during handovers but I was still ordered to continue (because reporting said incidents about the children's father, is abusive to the children Hmm).

Crumbcatcher · 06/09/2023 18:20

Could you drop them at a Saturday hobby or activity, he collects and takes for lunch then drops back at the hobby venue and you collect? I'm thinking somewhere like a dance school or gymnastics centre where there would be someone on the reception desk.

Pastarasta1 · 06/09/2023 15:25

The trouble is, which I'll try not to make so outing... is that he's only had supervised contact for 2 hours every fortnight in a contact centre for nearly 3 years now,I'm probably thinking quite far into the future about handovers with him..

There is 1.5 distance between us and DD has built up a life in the area we've lived in for 3 years.. I don't even know exactly where he father lives now tbh.

I'm trying to oppose unsupervised contact happening without at least him having therapy and doing a domestic violence perpetrator programme but I've said I'm prepared to support contact in the community in the interim..

I'm actually not even sure he will do any school pick ups..but if he did they certainly wouldn't be weekday ones. Cafcass made it clear it would just be weekend contact if it was to progress in any way so I'm not sure school is a viable option.

I'm just worried about seeing him at school events, any input that is required from both parents (I can't think of anything?) Hes free to just turn up at the school but I know DD wouldn't be released to him..

I really can't bring myself to face him.

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Blueberrystraw · 06/09/2023 14:55

This sounds like a good idea

Brotherlove · 06/09/2023 11:43

If you propose that he (for example) collects from school Monday night and returns to school Tuesday morning, or Friday return Monday or whatever, then it kills 2 birds with 1 stone.
1.It gives a handover place.

  1. It gives him contact with school...but only on his days when you are not there.
If he turns up on the other days the school can check the court order and say no sorry, not your collection day please leave the premises.

Once it's in a court order the school can say leave even if he has PR

Pastarasta1 · 06/09/2023 08:16

Not derailed at all. Xx

It is terrifying. How can they expect you to face the person who caused you sheer terror.

I've had to disclose the name of our daughters school to him and I feel utterly sick at the thought of him turning up.

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Gardenerboo · 06/09/2023 06:25

Thank you. That ties in with what I’ve googled although it is scary and stressful. Realistically what is the alternative? Who would you physically make them do anything they didn’t want to?

Sorry to derail OP. The idea of seeing my ex or forcing the children to see him is horrendous. I sympathise.

DongsOfPraise · 06/09/2023 05:39

Gardenerboo · 05/09/2023 22:16

@DongsOfPraise hi, do you mind me asking what age your children are? I’m going through a separation with children (11/14) refusing to see their abusive Dad.

He’s threatened police/court today and I’m curious to know what age the children will be listened to.

My children are 16 and 11. Their decision about their father happened separately and gradually rather than a sudden realisation and he hasn’t taken me back to court (yet). It does worry me that he might but from what I understand he can’t force them to see him. Certainly not the eldest child.

Gardenerboo · 05/09/2023 22:16

@DongsOfPraise hi, do you mind me asking what age your children are? I’m going through a separation with children (11/14) refusing to see their abusive Dad.

He’s threatened police/court today and I’m curious to know what age the children will be listened to.

misssunshine4040 · 05/09/2023 21:30

I don't blame you. It's horrific what women have to go through to these abusers can continue to exert their control.
Let's face it, if they even cared about their kids this situation wouldn't even arise.
It's vile

Pastarasta1 · 05/09/2023 20:16

I just can't do it. Every time we have a court hearing I'm a mess for a good few days after and I haven't even seen him because there's a screen between us.

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hopelessromantic1234 · 05/09/2023 19:11

Sending you lots of strength, I never had to go through family court with my violent ex as he couldn't be bothered to see his children and doesn't care even now. I had a criminal court case against him 6 years ago, as he stalked me and threatened to chuck acid on me. I've had an injunction which ended and few years ago, he don't have my number - we have no contact. His mother comes and collects the kids every other Saturday and drops them home, they are not allowed to stay over at all. Thank goodness, my kids are 12 & 9 and my eldest hates his dad - they both never want to go.

I know you said family and friends said they don't wanna get involved but maybe explain your mental health is declining or I'm not sure if women's aid could offer a support worker to help? As I explained I don't have much experience or knowledge but sending lots of strength to you!

misssunshine4040 · 05/09/2023 19:01

Pastarasta1 · 05/09/2023 16:01

I can't see him. He's just absolutely vile. I've had to put myself through therapy because of him. I will never see or speak to him ever again as long as I live. I've been very clear about that to cafcass.

I feel so bad for you. No one understands how bad it is facing someone like this.
I don't have an answer but sending a handhold

Pastarasta1 · 05/09/2023 18:47

mummysquasher · 05/09/2023 18:45

It is good, on the surface. I think that is largely due to exs GF doing a lot of the parenting. DS talks about her more than he talks about his dad. Occasionally things come out, things ex has said, nothing really bad yet but just enough to get my back up because I know the undertones. So then I either bite my tongue or say something to try to gently encourage critical thinking. I can't see him deciding not to see his dad any time soon.

Sounds like you've detached from it all, its horrible though. What contact did the courts give him?

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mummysquasher · 05/09/2023 18:45

Pastarasta1 · 05/09/2023 18:39

That's truly awful.
How is his relationship with his father?

It is good, on the surface. I think that is largely due to exs GF doing a lot of the parenting. DS talks about her more than he talks about his dad. Occasionally things come out, things ex has said, nothing really bad yet but just enough to get my back up because I know the undertones. So then I either bite my tongue or say something to try to gently encourage critical thinking. I can't see him deciding not to see his dad any time soon.

Pastarasta1 · 05/09/2023 18:39

mummysquasher · 05/09/2023 18:36

Ex had significant findings against him in court, abuse of both me and DS, but it made no difference. The judge mentioned he was mindful of practice direction 12J in his decisions but I didn't see any evidence of that. Cafcass were truly awful about me despite the judge's findings, letters from Women's Aid etc. It made no sense.

Ex was awarded significant unsupervised contact. It was really hard at the beginning but you get used to it. Apart from during school holidays all of our handovers are at school. So when it is exh weekend I drop at school on Friday, he picks up Friday and drops back Monday. I pick up on Monday. I used to hate holiday handovers at my house. I always had my phone on record in case ex did or said something. Also hid behind the door (in case he tried to throw acid on me - that was a real fear of mine for some time). Now DS is old enough to go to the door himself so I don't have to see him.

Good luck.

That's truly awful.
How is his relationship with his father?

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mummysquasher · 05/09/2023 18:36

Ex had significant findings against him in court, abuse of both me and DS, but it made no difference. The judge mentioned he was mindful of practice direction 12J in his decisions but I didn't see any evidence of that. Cafcass were truly awful about me despite the judge's findings, letters from Women's Aid etc. It made no sense.

Ex was awarded significant unsupervised contact. It was really hard at the beginning but you get used to it. Apart from during school holidays all of our handovers are at school. So when it is exh weekend I drop at school on Friday, he picks up Friday and drops back Monday. I pick up on Monday. I used to hate holiday handovers at my house. I always had my phone on record in case ex did or said something. Also hid behind the door (in case he tried to throw acid on me - that was a real fear of mine for some time). Now DS is old enough to go to the door himself so I don't have to see him.

Good luck.

MeltingInTheEveningSun · 05/09/2023 18:05

We had this, I ended up doing handovers. I tried to say no to my address and phone number and the court gave them to him. This was with proven abuse to us both in family court. Cafcass loved my ex, said he was very sorry for his actions. They wouldn't even allow me to take anyone with me for backup as that was seen as intimidating Ex, but he was allowed to bring someone of course 🙄

DD absolutely loves contact. I don't see her wising up to him anytime soon. I don't want her to hate him but adoring him wears thin a little bit. Especially when he does none of the grunt work. He doesn't even pick her up from school, thats my job to he stopped that after the 2nd lot of school closures. Everytime I mention it he says he'll take me back to court to make it my job, so i just go with it. But DD loves him, so I put up for her sake. She says he's the best dad ever probably because it's me nagging her to brush her teeth and pack her schoolbag while all weekend he eats pizza and plays video games with her.

It's hard. It does get easier. DDs reaching an age now where she can walk to and from his alone soon, not yet but it's nearly over having to see him.

Pastarasta1 · 05/09/2023 17:45

No friends or family willing to get involved

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Pastarasta1 · 05/09/2023 17:44

He has nobody suitable for handovers. DD doesn't know any of his family. I know his younger sister but as mentioned, he wasn't keen for them.. he hasn't given a specific reason. Our current court order is that he doesn't come to school unless invited, so he won't be going there any time soon. I can't really afford an additional childminder onto of the childcare I already pay...
I just can't see or speak to him. We still have screens in court atm. He's enjoying taunting me.. its only a matter of time till he gets DD unsupervised..
I've been abundantly clear with the cafcass guardian I won't do handovers with him and I don't know if she finally got it but she said she won't force the issue at the moment.

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