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Custody battle .. what can I expect ?

107 replies

Julias21 · 04/02/2024 13:09

Hi everyone , just again want to thank everyone who gave me advice on my last thread about my child’s father .
follow up from that thread , I sent him an email of the days I was letting him see dd, and my reasons why I reduced overnights. I then get a text from his mother saying she is contacting a solicitor for “the way you’re treating my son!” And his response to my email was “solicitors will be in touch with you then” . They also said they aren’t going to see dd anymore “until this is sorted”. So they’re the ones stopping contact not me . I offered every other weekend to sleepover and anytime during week he can come see her . So what would he be getting a solicitor for ? He is the one that was smoking cannabis around my dd with his friend when dd was in his care , and is high when she’s in his care (he lives with his mum so I feel this is why she takes over care half the time acting like my dd mother 🫠) I was told they can use my mental health against me cause it’s the only thing they have on me even though it was years ago I had some mental health issues and currently in therapy for my anxiety . Can they use this against me in court?? I genuinely don’t know why they want to take it to court . I’m seeing a solicitor myself on Wednesday and plan to ask everything but until then I’m just wondering if anyone who’s been through similar would have an idea as this would be my first time in court . Dd father had a rape allegation too so not his first time in court 🫣 thanks in advance , she’s 3 months old btw.

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Julias21 · 06/02/2024 08:51

WandaWonder · 05/02/2024 23:47

You need legal advice not randoms on the internet

I’m getting legal advice , I posted this so others can share there experience and what i can expect from all of it

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LorlieS · 05/02/2024 23:49

@WandaWonder Absolutely, what would I know? I've only gone through the family court system about 6/7 times over the period of 10 years.

WandaWonder · 05/02/2024 23:47

You need legal advice not randoms on the internet

LorlieS · 05/02/2024 23:47

@Notamum12345577 That was absolutely not my experience. Still a patriarchal system as I'm sure many will concur.

Notamum12345577 · 05/02/2024 23:45

LorlieS · 04/02/2024 17:35

My narcissistic/abusive ex was awarded 50/50 and more recently, majority custody.
He held the advantage simply by being male; the whole court system is biased.

I would say the courts are biased the other way, towards women

LorlieS · 05/02/2024 23:41

@ClownFishFin There was. Nothing was raised re concerns for me; I was honest and open. He barely said anything and when he did he lied through his teeth. Even the "professional" evaluating fell for his manipulation which I suppose is hardly surprising as he genuinely is such a sociopath he believes his own lies!!
So in essence it was a waste of time.

ClownFishFin · 05/02/2024 23:17

LorlieS · 04/02/2024 23:25

@ClownFishFin The Court requested medical records of both my my ex-husband and I. I provided all of mine but he simply failed to provide them. It was simply overlooked. There were definitely things he had to hide.

Was there a Psych evaluation too?

LorlieS · 05/02/2024 20:59

@Mumstheword37 @Julias21 Thanks both. Sadly I only see one of my sons (13) every other Weds Sunday and the other (16) just every other weekend. It's so hard to maintain a decent relationship with them, especially as ex was given 50/50 since they were 3 and 6 (despite me being absolutely their main carer).
When I first left with the kids for safety (2014) a police officer came out to see he at my parents because I'd reported that I was very scared of my ex and what he might do. Her words were "Well unless you show me bruises then nothing I can do."
My Cafcass Officer (2020) was also appalling and completely won over by my ex. Nobody listened when I told them that he used to take my purse away so I couldn't buy food, that he used to lock me out if I went past my "curfew" of 10pm, that his words to me when I tried to speak to him about our issues were "You dare leave and you'll lose everything, bitch."
He was right.
@Mumstheword37 I am just so relieved for you that you have solid evidence to protect your kids, I so totally understand how convincing these narcs can be. You can do this 💐 x

Julias21 · 05/02/2024 20:47

Mumstheword37 · 05/02/2024 20:02

@LorlieS I'm so sorry you’ve experienced this, that is absolutely awful. My ex was a toxic, gas lighting emotially and financially abusing alcoholic but I only had to actually raise the issue of his drinking. Probably because he wasn’t fighting for custody. It’s so bad tbh that the social worker at cafcass couldn’t see through him and his bs, that said we had to go to mediation before court and she believed all his lies and told me I was using my children as pawns to get at him which I absolutely refute to this day.
Again, im so sorry 😞

This is awful, men are good manipulators:( my child’s father is good at it and makes a really good first impression so he comes across as the sensible one

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Mumstheword37 · 05/02/2024 20:02

@LorlieS I'm so sorry you’ve experienced this, that is absolutely awful. My ex was a toxic, gas lighting emotially and financially abusing alcoholic but I only had to actually raise the issue of his drinking. Probably because he wasn’t fighting for custody. It’s so bad tbh that the social worker at cafcass couldn’t see through him and his bs, that said we had to go to mediation before court and she believed all his lies and told me I was using my children as pawns to get at him which I absolutely refute to this day.
Again, im so sorry 😞

LorlieS · 04/02/2024 23:25

@ClownFishFin The Court requested medical records of both my my ex-husband and I. I provided all of mine but he simply failed to provide them. It was simply overlooked. There were definitely things he had to hide.

ClownFishFin · 04/02/2024 23:08

The Court can request a Psychological Assessment, if there is concern about a person's mental state and sometimes when parents are accusing one another of things such as Parental Alienation etc. I'd suggest you look this up. https://www.familylawdecisions.co.uk/useful-information/psychological-assessment-expert/

The Court can also request medical records.

Psychological Assessment - (Expert) - Family Law Decisions

The court’s permission is required to call an expert or to put in evidence of an expert’s report or to instruct an expert.

https://www.familylawdecisions.co.uk/useful-information/psychological-assessment-expert

LorlieS · 04/02/2024 22:57

@Mumstheword37
What I feel I should add is that it doesn't always end in the "right" way. Cafcass failed me and my sons so drastically because my ex-husband was a "silent" abuser. A skilled manipulator.
If abuse has happened that you can clearly evidence then all good. But if the abuse has ongoing but insidious in its nature then less so.
A part of me wishes I'd have stayed and endured it rather than have lost my sons for so much of the time.
But the case here is that the abuse can be clearly evidenced so I'm sure it will all work out the way it should.
You've got this, OP ❤️

Mumstheword37 · 04/02/2024 21:11

Thanks OP. I always like to comment on these types of posts to give first hand experience, because these bastard men torment us and then terrify us into thinking we will lose our children and it boils my piss! Please know that no court in the land will think badly of you for genuinely protecting your child.

My ex had to do a drink test but I had to pay half which annoyed me but I think it was because I insisted.

With regards to a solicitor, if you go without you can apply for what’s known as a McKenzie friend-if you Google it it will give you the info. My ex chose to use a charity that sends a volunteer to support him (the mckenzie friend isn’t allowed to speak in court). I didn’t want a stranger with me, so I just went on alone. It was intimidating at first but I just kept re singing myself I was there for my sons.
Though at our final court appearance I took my mum in (I think I’d realised she qualified as a mckenzie friend too).

Mumstheword37 · 04/02/2024 20:53

@Allofaflutter absolutely. The only money I spent on in being taken to court was the train fare there.

LorlieS · 04/02/2024 20:39

@Mumstheword37 Ah that's good ❤️ I suppose if an ex is very clearly unsafe Cafcass will hopefully take note.

Julias21 · 04/02/2024 20:39

Mumstheword37 · 04/02/2024 20:26

Hi OP, please do not worry. I was taken to court in 2018 by my alcoholic ex as I was being unreasonable trying to keep them safe from him l (he was drinking and drink driving with them when they were 4 and 2)

I was more than happy for him to take me to court tbh although it was a very stressful process.
My advice would be to take notes, keep it all documented. No phone calls, you need written proof of things you have both said. And stick to the facts.
Cafcass were absolutely fantastic with both me and my children. Both my sons had to be separately interviewed by a cafcass social worker as was I. I was always just very honest and the truth was I wanted my sons to see their dad, to have a relationship with him, because he’s their dad and they love him but I want them to be safe when they’re with him.
He tried to bring up my mental health issues against me too 🙄 again I was honest. I represented myself in court as I could not afford a solicitor and all three times the staff were so lovely to me. My ex had to prove he wasn’t drinking and we eventually went through supervised access (and that was after a long time of me supporting our own supervised access at his mums, in local children’s centres) but that stopped as he kept verbally abusing me etc.
The day after the court order came in the post, just two days after court, where he was allowed access again he turned up drunk at my house in his car to collect our sons who were so excited to finally be allowed to go to daddy’s again.

Obviously I refused and he said court will hear about this!
I spoke to court, a solicitor (just on the phone a free 30 min consultation) and cafcass and they all said I hadn’t breached the court order as I was keeping my children safe.
Back to court and they wouldn’t allow any access at all until he was sober for 2 years. He spent that 2 years drinking and then he died. It was heartbreaking for my children but at least they were safe from him.

With regard to the weed I was told by a friend it’s not taken that seriously, but that was about 10 years ago so that may have changed. I do hope so as he could drug drive with your DD in the car etc.

We are here to support you xx

I’m seriously so sorry that is awful . I thought my issue was bad but oh my goodness it’s no where near as bad .
I don’t think the drug itself is a major issue but smoking around the baby should be , although there’s no way that can be proved
thinking of you , hugs xx

OP posts:
Mumstheword37 · 04/02/2024 20:26

Hi OP, please do not worry. I was taken to court in 2018 by my alcoholic ex as I was being unreasonable trying to keep them safe from him l (he was drinking and drink driving with them when they were 4 and 2)

I was more than happy for him to take me to court tbh although it was a very stressful process.
My advice would be to take notes, keep it all documented. No phone calls, you need written proof of things you have both said. And stick to the facts.
Cafcass were absolutely fantastic with both me and my children. Both my sons had to be separately interviewed by a cafcass social worker as was I. I was always just very honest and the truth was I wanted my sons to see their dad, to have a relationship with him, because he’s their dad and they love him but I want them to be safe when they’re with him.
He tried to bring up my mental health issues against me too 🙄 again I was honest. I represented myself in court as I could not afford a solicitor and all three times the staff were so lovely to me. My ex had to prove he wasn’t drinking and we eventually went through supervised access (and that was after a long time of me supporting our own supervised access at his mums, in local children’s centres) but that stopped as he kept verbally abusing me etc.
The day after the court order came in the post, just two days after court, where he was allowed access again he turned up drunk at my house in his car to collect our sons who were so excited to finally be allowed to go to daddy’s again.

Obviously I refused and he said court will hear about this!
I spoke to court, a solicitor (just on the phone a free 30 min consultation) and cafcass and they all said I hadn’t breached the court order as I was keeping my children safe.
Back to court and they wouldn’t allow any access at all until he was sober for 2 years. He spent that 2 years drinking and then he died. It was heartbreaking for my children but at least they were safe from him.

With regard to the weed I was told by a friend it’s not taken that seriously, but that was about 10 years ago so that may have changed. I do hope so as he could drug drive with your DD in the car etc.

We are here to support you xx

Julias21 · 04/02/2024 20:25

Scarletttulips · 04/02/2024 20:14

The court can request drug tests.

Ohh thank you

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Scarletttulips · 04/02/2024 20:14

The court can request drug tests.

Mumstheword37 · 04/02/2024 20:09

@LorlieS i disagree, I definitely don’t think they favour men. In all other aspects of life, yes but not in family court.

VeryGoodVeryNice · 04/02/2024 20:09

It’s hard to say until it goes to court. But I can’t see anyone saying it’s fine to be wheeling a newborn around to his mate’s house for a smoke. Again the fact that you drastically reduced contact after learning this shows you are trying to safeguard your daughter. This article might be helpful.

https://www.incourt.co.uk/amp/why-are-drug-or-alcohol-tests-ordered-in-child-custody-case

Why are drug or alcohol tests ordered in child custody case ?

https://www.incourt.co.uk/amp/why-are-drug-or-alcohol-tests-ordered-in-child-custody-case

Julias21 · 04/02/2024 20:04

VeryGoodVeryNice · 04/02/2024 20:03

But when you say ‘they’, it needs to be ‘him’. His mother isn’t entitled to contact and he needs to be the one putting his case forward. From what you’ve said about him, I don’t think he will. Especially once he realises he’d be drug tested weekly.

I know I’m just used to saying they cause his mum gets so involved 😂 is testing positive for weed enough for them to stop contact ? I don’t think it’s seen as a majorly bad drug in eyes of the law

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VeryGoodVeryNice · 04/02/2024 20:03

But when you say ‘they’, it needs to be ‘him’. His mother isn’t entitled to contact and he needs to be the one putting his case forward. From what you’ve said about him, I don’t think he will. Especially once he realises he’d be drug tested weekly.

Julias21 · 04/02/2024 20:03

VeryGoodVeryNice · 04/02/2024 20:01

And the fact they had 50/50 contact before shouldn’t mean anything. You can explain that you are new to parenting and you thought that he would be entitled to 50/50. But you’ve since learnt that that’s not the case and it wouldn’t be in baby’s best interests, especially at this age. Every parent makes mistakes - this shows that you made a mistake, then you increased your knowledge and corrected your mistake in the best interests of your daughter. I can’t see that going against you.

I’ve just screen shotted that incase I forget but that’s really useful as I didn’t know what to say if they were going to ask why i gave them 50/50 in first place , thank u !

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