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SEN

Here you'll find advice from parents and teachers on special needs education.

Child custody of Sen child - worried!

29 replies

Senmum2 · 16/01/2024 15:22

Hello,

I’m wondering if anyone has been in my situation or could offer some advice please?

For accuracy I’ve included real details - completing outing if anyone who knows me in real life. Hi 👋 but I will do whatever I can in this situation.

I am mum of 2 children. My son has adhd, asd & anxiety. High level Dla care. My daughter had no diagnosis but is extremely emotional so it’s questionable . I am registered carer for my son I gave up work years ago to help him attend school. Dad is a high earner with demanding job so it was impossible for me to continue working as I was having emergency calls to collect my son from pre school on regular basis.

Fast forward a few years my partner & I have split up . His choice as I ‘am now just a mum’ and the small fact he had a much younger girlfriend ready to pop out of the wings.

We were not married (I know) so I have no income or pension - I am now working for myself in periods I can juggle. (Work in field of Sen, anxious/ sensory issues with children & adults).

Dad remained in family home (very large nice house) children & I moved to a much smaller affordable house (I feel lucky it’s mine, no mortgage but the transition to 1 bathroom, rubbish heating, electrics tiny kitchen no dishwasher or washing machine etc has been tricky for kids to get their head around but we are getting there & I hope to make it lovely for us - one bit at a time).

Dad has children every Fri night & Sat day. More in school holidays. The kids get dysregulated as return to the only house they ever knew (& loved) for one night. My son in particular is anxious on Fri day & very clingy to me sat night, Sunday & Monday.

Both myself & school feel (especially for my son) being in one home (mine) every school night is best for kids & the same night away every week creates a know routine.

I am of course open to access during school night - just not sleepovers.

My problem - dad has got solicitors writting to me to up the arrangement & work towards 50/50 split - they are prepared to take court action.

This would not be great for kids who are preparing for transition to secondary. Also dad would then pay no csa so I would be unable to say in current house with
. I bet I would still be required to undertake all medical appointments/ mental health forms/ medicine review etc as dad is unaware of situations never done them.

Anyway sorry for long post …. Has anyone else been in this situation? I can’t afford a solicitor so will represent myself and any advice- signposting to useful case law would be really helpful.

thank you if you’ve read this far! 😀

OP posts:
Senmum2 · 16/01/2024 19:50

Ok thank you - so if mediation can’t make any rulings it will probably go to court 😢 What a stress not to mention time and money that will be taken from item or activities that would be beneficial to the children.

I was hoping to have a sensory room (plan to place & kit out a Sumer house in garden) by this summer - my son needs a safe place and room for movement activities/ therapy & we don’t have space in house. I’ll be so upset to deviate from that goal to pay for legal costs ….. so unfair to both kids & our home life!

Would you know if courts agree to not do 50/50 split could dad take it back to court? Ie yearly? May we have to go through this more than once?

OP posts:
KeepGoingThomas · 16/01/2024 19:37

50/50 is less likely if there is evidence it isn’t in the child’s best interest. If mediation doesn’t work it is likely to end up going to court.

Senmum2 · 16/01/2024 19:34

Thank you for your reply.

I’m on the correct benefits. I’m sure my son’s professionals will state his needs.

I’m concerned as it seems courts go the 50/50 route - but can’t see anything re when a child with Sen is involved. It really would not suit my son.

I’m open to mediation but if dad won’t agree to no sleeps on school nights ie not 50/50 will the mediator be able to look at professional advice and make a ruling to suit my sons needs against dads wishes?

OP posts:
KeepGoingThomas · 16/01/2024 19:29

Do you have or can you get professional evidence 50/50 would be inappropriate for DS due to his SN? That would help.

Are you claiming all the benefits you are entitled to?