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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To not be home?

215 replies

moo899 · 28/09/2024 15:06

Has already happened now so I guess more of a Was IBU...

My exdp and I share a young child. He's got no PR currently, we just have a loose arrangement between us for EOW at the moment.

He's quite demanding and nasty for context.

Recently I've had to swap a lot of "his" days for him as he's not been available on the agreed days. Fine.

Saw DC last weekend due to this. Seeing DC next weekend too.

This weekend is "his" weekend... but he said he wasn't available due to work hence the swaps.

He decided 2 days ago to text me and tell me that it's his weekend and a family member will come to collect our DC.

I queried this as we have already swapped around weekends as he said he was working, and this would mean I wouldn't get a weekend with child for 3 weeks in a row.

He told me it's too bad and X will be collecting child at a certain time today.

I've just gone out.

Have I been unreasonable?

OP posts:
SoNiceToComeHomeTo · 29/09/2024 12:21

I feel for you OP, this is absolutely grim and it's hard not to wonder if your ex is partly doing it to wind you up. You're doing a great job hanging on in there and making sure DC see Dad without driving you completely up the wall. I hope you can agree something more satisfactory longer term.

AlertCat · 29/09/2024 12:20

moo899 · 29/09/2024 12:18

Just to add, his response to this was that the "swaps" were just extra time for him to have contact and that his agreed time of this weekend should have still stood... among other things...

I've ignored.

Good. He will have to learn that he cannot just make things up as he goes along. Stay strong!

moo899 · 29/09/2024 12:18

moo899 · 29/09/2024 12:09

So I have sent him an explanation. I don't respond to all his messages (of which there are many!), and I always stick to being factual and calm even when inside I am raging.

In short I said that I have already swapped weekends to accommodate his schedule and he has had dc on "my" weekend several times because of this, that the arrangement for this weekend for his family members to collect dc on his behalf wasn't agreed to, and that the plan was that he is having dc on my weekend next weekend.

Just to add, his response to this was that the "swaps" were just extra time for him to have contact and that his agreed time of this weekend should have still stood... among other things...

I've ignored.

OP posts:
13Ghosts · 29/09/2024 12:17

chestnutroast · 29/09/2024 09:51

@13Ghosts

solicitor said I could either send a letter and start the process myself (mediation first then to family court if that failed), or I could leave the ball in his court and see if he does that himself.

and you interpreted this as the solicitor saying that the op had “first refusal”

as i say op, ignore this poster

That's not what I said at all. Stop responding to my posts to attack me when you are misrepresentating what I have said.

AlertCat · 29/09/2024 12:13

Contact www.rightsofwomen.org.uk

they have a free advice line staffed by practising solicitors and barristers. They are fantastic.

and also it might help to compile every bit of written communication about these contact arrangements, especially including those messages where he is heavy handed or threatening, and also the historic messages showing the way things have gone between you.

good luck. You are in the right here and protecting your child- that is the priority.

Home - Rights of Women

Rights of Women is a charity that provides free confidential legal advice and information to women on the law in England and Wales with a specific focus on Violence Against Women and Girls. We also campaign for access to justice and safety for all wome...

http://www.rightsofwomen.org.uk

moo899 · 29/09/2024 12:12

I also don't think a mid week journey 2 hours away to have an overnight would be in my dc best interest- they're only little.

We have a life here where we have always lived, routine, dc is well settled in nursery and loves it too. I'd hope for them to be able to go to a local school in future.

OP posts:
notbelieved · 29/09/2024 12:10

My ex was like this. Everything his way, expectation of flexibility,never reciprocated. The only way to handle it is to stop doubting yourself - you are not standing in the way of your son having a relationship with his dad.

Stop the flexibility - it's not ideal but it means everyone knows where they stand.

Don't fear mediation and court. You are not in the wrong.

Open a Word document and write down everything that happens with a time and date. Keep all messages. Record handovers with your phone - just voice, have it in your pocket. This is your evidence for court.

It is hard to see the wood for the trees but it will get easier.

moo899 · 29/09/2024 12:10

He can't do a day/overnight in the week because of his work schedule and also the distance. So the day-to-day care of dc is all on me.

OP posts:
moo899 · 29/09/2024 12:09

So I have sent him an explanation. I don't respond to all his messages (of which there are many!), and I always stick to being factual and calm even when inside I am raging.

In short I said that I have already swapped weekends to accommodate his schedule and he has had dc on "my" weekend several times because of this, that the arrangement for this weekend for his family members to collect dc on his behalf wasn't agreed to, and that the plan was that he is having dc on my weekend next weekend.

OP posts:
WildWildWestCoast · 29/09/2024 12:09

I think that Grumpygrape's suggestion of a co- parenting app is really sound. Remember that you are the person with PR. You can do what is best for your child which is to have them available for contact with their father. If their father is unavailable for that contact, it is in your child's best interests to stay with you. Until contact is court ordered, you hold all the cards. Set up a EOW schedule (with your pre- contact holiday being scheduled in as already booked) and have your child available to their FATHER at these times. If he sends someone else, that's where a Ring doorbell is your friend. You can check who's turned up and you can refuse to hand over if it's not your child's father. You have the control. Show that you are being reasonable about contact and that you are doing everything in your child's best interests.

Imisscoffee2021 · 29/09/2024 12:07

This is a shit situation and he's being a complete power hungry arsehole. You really need to get a formalised plan in place with the courts, or your boundaries will never be met and there'll be no legal recourse for that.

He's said some stupid things via text so make sure you save those, like you'll regret it etc, make sure all communication with him is via text from hereon. A 2 hour journey in a car is quite a way for an under 2, not to mention their life and nursery is near you so 50/50, is highly highly unlikely anyway and the jdea of him just getting long weekends isn't the case, it's usually a fair split or more like he'll get EOW but court ordered if he tried to go for 50/50. Denying the child, being g chased my cms and this behaviour he's not exhibiting will all count against him, and I know its scary to go down the court route but if you want protection from him changing things up or trying to intimidate or control you, then it has to be court ordered. Especially as he's threatening to call the police (as if he would).
Please make sure everything is documented, even if its its verbal at the doorstep, get it written down after, it all adds up if you end up in court.

A friend of mines husband tried to theaten her with 50/50 after their acrimonious divorce, told the judge all sorts but when asked how he'd look after children on his 50% as he has a busy job, he said he'd get a nanny. Court ruled for mother to be primary carer and have the kids the most. He got EOW and ended up not even seeing them that often. If your ex is handing the toddler over to extended family during his visitation for the majority of the visit then that won't be ideal either.

AirborneElephant · 29/09/2024 12:01

moo899 · 29/09/2024 11:37

@Imbusytodaysorry I do appreciate it's only "his" time at the moment if I allow it due to him having no PR.

I was trying to be reasonable though so I don't look horrible if it goes to court in future.

As others have said, no more swaps. Let him know that your child will be available EOW and one night during the week (if he picks up from nursery), and that handover will only be to him personally. And stick to it. Court will see that as you being reasonable, and if he chooses not to take up the time offered they are not going to be inclined to give him even more. And that’s if he can even be bothered to go to court, most of these men are all threats and bluster and no action.

Fgfgfg · 29/09/2024 11:52

moo899 · 29/09/2024 10:26

@Imbusytodaysorry has it spot on.

I've already swapped weekends due to his schedule.

He's actually away working this weekend, which is his scheduled weekend. So he's not available to see dc at all.

He decided a couple of days beforehand that he was sending relatives to collect dc for "his" scheduled weekend. My dc wouldn't have seen him this weekend and would have been staying with his family.

I don't see that to benefit my dc, when they could be spending time with me, and I've already lost 2 of "my" weekends due to swapping for him.

If you haven't already done so I think you need to send this to him. It gives a clear explanation as to why you told him no. Having written evidence makes it harder for him to use this incident against you in any future nonsense he comes up with.

EliflurtleAndTheInfiniteMadness · 29/09/2024 11:44

Ppzd · 29/09/2024 10:16

@moo899 him not wanting to look a certain way or wanting to go to court and such is a him problem. I may be wrong, but the fact he isn't on the BC means he doesn't really have a leg to stand on anyway? The question is "what do you want?". If for you and your child to lead a healthy, safe, stable life is for him to be out of the picture, then focus on that and try and put things into place for that to happen (solicitor, etc.). I don't know if that would mean going without his money and if that is something you could afford to live without, though, I recognise that.

It would be easy for him to get PR in court and the court is unlikely to have a positive reaction to OP blocking contact because he hasn't got PR when she knows full well he's the father. Just because something is technically legal doesn't mean it's a good idea to do it. You can ask a lawyers advice on this OP, but tread lightly, it could backfire badly.

You need very firm boundaries here OP. I would say something in writing like "As I agreed to you wanting to swap weekends to accommodate your working schedule this was no longer your weekend and I won't be handing child over to someone else on my weekend now or in the future. If you aren't willing to stick to the agreements made I will no longer be able to be flexible to accommodate your needs. I am trying to support you having a relationship with child, but if you're going to then demand your weekend when I kindly changed things around for you we will have to stick strictly to the schedule. Unless you can assure me this will never happen again we are going to stick to the schedule going forward which means your next times with child are x and y date, then every fortnight after that." I would be writing down every interaction from now on, every time he doesn't have his child, the times he's nasty and so. Plan like you're going to court in case you need to. On handing over to someone he sends I'd be asking a lawyer about this. I wouldn't be happy if my XH did this, especially a stranger driving my child, I wonder if they even had an appropriate car seat, you could certainly not send DC in that situation. But safety aside I'd be getting legal advice on this one.

The right to first refusal on childcare a PP mentioned is a condition that can be added to a parenting plan or child arrangements order either by agreement or through the court. It's not an automatic thing and is often worded mutually so he might have the same right.

PinkyFlamingo · 29/09/2024 11:43

moo899 · 28/09/2024 15:25

I also work and have to work around my child as a lone parent. He thinks his work and time is more important than mine.

I know I'm petty to have gone out and possibly made things worse, I don't know.

I don't want to end up in court.

Why not? Well too bad for the sake of your child the arrangements need to be set out in court.

moo899 · 29/09/2024 11:37

@Imbusytodaysorry I do appreciate it's only "his" time at the moment if I allow it due to him having no PR.

I was trying to be reasonable though so I don't look horrible if it goes to court in future.

OP posts:
moo899 · 29/09/2024 11:36

Ohhbaby · 29/09/2024 11:18

If you're child is under 3, they are still building attachment. It is CRUCIAL that they spend enough time with their primary attachment figure - which is you.
He already barely sees you during the week. If there is a secondary attachment figure - fair. But a young child cannot go to a random family member willy nilly. It is really not good for your son. Think about how you would feel? Never knowing f you are coming or going. If you are leaving mom, you don't even know where you're going. Could be dad or could be anyone from his family. This is damaging. I'm not saying it to make you feel bad, but to make you more determined to stand up for yourself and your son. You can never get the early attachment forming years back.

Child is under 3. And I work full time so they are in nursery all week. I'm so sad about it tbh but I've no one to help me and I need to put a roof over their head.

He has used this as an argument before when I've used the words "primary carer", he says I'm not and I'm no better than him as dc goes to nursery.

OP posts:
MrsAmaretto · 29/09/2024 11:28

You Need to go back to a solicitor and get proper legal advice about all these issues.

Imbusytodaysorry · 29/09/2024 11:22

moo899 · 29/09/2024 11:07

I appreciate all the great advice here.

At the moment I'm a little stuck with going back and enforcing "his" weekend and no swaps from here on in. This is because I have a holiday booked that is coming up soon, this falls over his weekend. It's not refundable and it was booked when I was parenting completely on my own and he wasn't seeing dc regularly.

OP you have to remember “he has no rights” you can do as you please he has to suck it up or go to court .
I am not saying be unreasonable and you have been more than accommodating but do remember it only falls on “his weekend “ if you allow it .

This holiday has been booked when he was around he does not get to dictate. .please stand strong .
Don’t live in fear of courts and threats.
Live your life with your Dd .

Ohhbaby · 29/09/2024 11:18

If you're child is under 3, they are still building attachment. It is CRUCIAL that they spend enough time with their primary attachment figure - which is you.
He already barely sees you during the week. If there is a secondary attachment figure - fair. But a young child cannot go to a random family member willy nilly. It is really not good for your son. Think about how you would feel? Never knowing f you are coming or going. If you are leaving mom, you don't even know where you're going. Could be dad or could be anyone from his family. This is damaging. I'm not saying it to make you feel bad, but to make you more determined to stand up for yourself and your son. You can never get the early attachment forming years back.

Pandasnacks · 29/09/2024 11:10

moo899 · 29/09/2024 11:07

I appreciate all the great advice here.

At the moment I'm a little stuck with going back and enforcing "his" weekend and no swaps from here on in. This is because I have a holiday booked that is coming up soon, this falls over his weekend. It's not refundable and it was booked when I was parenting completely on my own and he wasn't seeing dc regularly.

It was booked before the arrangement was in place though so just say that. It's not a democracy, you are the child's main caregiver and the only one with PR, you are in charge. Remind yourself of that.

thepariscrimefiles · 29/09/2024 11:09

PassMeTheCookies · 29/09/2024 09:46

Seeing the update that they live two hours away, I think you were in the wrong there. I'd be pretty damn annoyed doing a four hour round trip. Although I do take the point that he's the one that's changed the dates around and you can't always accommodate him.

The wisest thing to have done in this situation is to say to him, okay, as contact is still going ahead on your scheduled weekend, we'll revert to the schedule and I'll have DC next weekend, and then we fall nicely back into our cycle.

She did accommodate him. She swapped the days as he requested. Therefore, what was previously his day to have the DC was now her day. She told him not to send the relative to collect the DC but he did it anyway.

He is just trying to intimidate her.

moo899 · 29/09/2024 11:07

I appreciate all the great advice here.

At the moment I'm a little stuck with going back and enforcing "his" weekend and no swaps from here on in. This is because I have a holiday booked that is coming up soon, this falls over his weekend. It's not refundable and it was booked when I was parenting completely on my own and he wasn't seeing dc regularly.

OP posts:
thepariscrimefiles · 29/09/2024 11:03

moo899 · 29/09/2024 09:25

@DeliciousApples I agree I could have acted better. I suppose not being there was my way of trying to take back some control, as I did tell him I'd not agreed to it.

He said he's seen a solicitor and I would be obliged to hand dc over to whoever he sends to collect on "his time".

He's not a shift worker but does a job that has an irregular pattern.

Well, that's not true as you don't have a court ordered arrangement for you to break.

You have been flexible but he is just taking advantage. He doesn't get to swap the days so he sees DC on your time but then expects to still see DC on his time.

He is just trying to scare you by saying that you would be obliged to hand dc over to whoever he sends to collect on 'his time'. It wasn't even 'his time' because he had swapped the days.

Peaceandquietandacuppa · 29/09/2024 11:02

Also “you will regret this” is ominous and honestly I would call the police to log it / get advice.