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My ex, our kids, my health, my will, him being stroppy as usual, what to do?

18 replies

Bloodyexbeingadickasperusual · 17/01/2024 16:31

Short version of the story that got me to this.

I got cancer a few of years back, got the all clear, now I think its potentially back again, if so it shouldn't be life threatening, but I will be unwell for a while again.

I have 2 daughters by ex, 5 and 7, ex and I split when the littlest as a few months old. He didn't see them for about a year, then saw them for an hour here and half an hour there until I made a stand and told him it was proper contact on a regular basis, or nothing at all.

Ex has a one bed house, total hovel actually, I had to stop the girls from going over until he cleaned it up at one point (literal rubbish and mould everywhere, seen on a video on dds tablet, it was disgusting) he can't cope with them for longer than a couple of days, he gets two overnights a month, his choice, even then he's 'slept in' and missed a few times. He loves them, but he's not reliable or particularly responsible.

Onto the problem. I spoke to a solicitor to get my will sorted (morbid I know, but I just want to get it all sorted just in case). While speaking to solicitor I queried what would I could do about my kids, she suggested a guardianship order. I have an older son who is 20, and another 15 yo daughter too (their dad hasn't seen or spoken to them in maybe 6 years).

My son has made it very clear from the first time I was ill that he wants to have responsibility for my kids should I die, he was too young the first time around, but he's 20 now and has reiterated that he wants the kids. We have had multiple conversations over a period of time and he is steadfast in his view.

He is capable and responsible and he has a support network, my council house tenancy would pass to him, he's been involved in school stuff, and basically took over at points when I was unwell, has steady employment, is doing a degree so great prospects too, he's a very mature and responsible young man <proud mum>

My daughters dad refused to help beyond his usual, and even made fun of me for various side effects I was having, told me I was a crap mum for not having energy etc when I was ill the first time.

Anyways, because my son having guardianship would mean basically coparenting with my ex I sent him a message 4 weeks ago to ask what his thoughts would be about it.

He didn't reply, I left it, sent a follow up message 2 weeks later, still nothing. So then I messaged and said that's fine if he doesn't want to talk about it, but I would be proceeding as I don't actually need ex to sign anything or whatever.

Well next day he messaged me a tirade, telling me I was being deeply upsetting and hurtful to him, put myself in his shoes, and that I'm basically being a twat who's just saying this to get at him.

From my POV he's not very interested or equipped to have them full time, I have someone there who is heavily involved in their day to day lives and will be getting guardianship of my other dd anyway and adores his sisters and will have the time, space and money to rise them (life insurance, I'm poor 🤣) I asked his opinion, and if he had come back saying he wasn't happy and come up with a plan to move forward and parent the girls then I was more than open to that, but he didn't, so it's all in motion now.

Everything will be drawn up this week and signed next week. I guess I'm asking if I am being a twat to ex by sorting things this way, is there something I haven't thought of? Should I just dismiss it all and hope I don't die in the next 13 years to save exes ego?

I'm just at a loss what to think anymore.

OP posts:
LakeTiticaca · 17/01/2024 16:37

You are doing the right thing having someone capable and caring to look after your children.

Hopefully it won't come to that 🤞
Your ex is not not exactly a paragon of parenting virtue, in fact he is a twat

AllEars112232 · 17/01/2024 16:40

I think your only mistake was telling your ex what you were proposing!!!
You son sounds wonderful! You're right to be proud of him.
Ideally, this guardianship will not ever be needed, but it's always best to think about these things and put a plan in place.
Good for you for being so proactive. Don't spare another thought on the ex's feelings.

AutumnFroglets · 17/01/2024 16:43

Your Ex has been an abusive, neglectful, selfish, lazy manipulator from the very beginning. Why would you expect anything different from him?

Stop thinking about his feelings and concentrate on your children. Put their needs front and centre and ignore that irritating buzzing sound in your ear.

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Singleandproud · 17/01/2024 16:44

If your ex has parental responsibility will this not trump the guardianship? If he wants them of course, he may well see them as a cash cow of child benefit and UC in later years even if he is a rubbish dad.

HJ40 · 17/01/2024 16:44

IANAL and I know you have a solicitor, but how is the guardianship even enactable if they have a dad?

izzygirlis4 · 17/01/2024 16:45

A testamentary guardian only applies if all parents with PR are dead so it wouldn't have any effect if ex still alive anyway.

If the worse happens your oldest needs to make an emergency application to court for the children o live with him and a PSO to prevent father removing them from his care as an interim measure.
The courts will then have to decide who is the best placed to parent them.
I would suggest that you keep records or write a statement to support your wishes in the event he needs to go to court.

Hepherlous · 17/01/2024 16:47

I've appointment my sister guardian for my boys in my will and was advised that although their largely uninvolved father has PR he'd need to go to court to set that aside and get custody.

ChangeAgain2 · 17/01/2024 16:49

All that matters is the welfare of the children. Ex ego is irrelevant. You do what is best for them and if he doesn't like it, hopefully, he'll have a long time demonstrate that he's capable. I'd be very clear that your ex won't be getting a penny irrespective of custody of the children. I wonder if he's being motivated by money rather than custody of his kids.

Witchbitch20 · 17/01/2024 16:51

Do what is right for you and your children.

I agreed to be a legal guardian for my friends children. She was married at the time she got cancer and there were issues in the marriage - she wanted the comfort of knowing if anything happened her children had a secure, stable home.

The legal documentation was drawn up taking into account her husbands parental rights but I won’t go into details as it’s not relevant. Talk through with the solicitor what you need.

My friend never needed to use her agreement and the “kids” are grown up now, I hope this is the case for you.
Your son sounds like a wonderful man.

Bloodyexbeingadickasperusual · 17/01/2024 16:54

I went over and over telling him or not, but I thought it would be better for my son to not have to deal with me dying, looking after his sister then ex steamroller in and demand, so thought we could sort it out like adults. I now realise he's not an adult at all.

The guardianship works by basically ds stepping onto my shoes, he would keep the staus quo here and ex would have to contest it if he disagrees, DS would be granted automatic PR, although ex could technically contest this as well, but its highly unlikely that it would be removed given my sons involvement and exes lack thereof.

To be honest I don't think ex would contest anything, he's fairly lazy, and talks a good talk of being a great dad but reality is different.

I've made sure that ex couldn't get his hands on my life insurance under any circumstance but ds would be able to use it to make sure the girls have what they need should ex happen to ever get them, so hopefully that would deter him from trying to. He lives miles away as well, so couldn't keep them at their school, clubs, near their friends etc.

I can't understand what's hurtful to him about this when he doesn't step up just now tbh.

OP posts:
Vinrouge4 · 17/01/2024 16:58

You are doing the right thing, which is putting your children first. Boo hoo for your ex if he doesn't like it. He has had his chance to be a responsible parent and has failed.

Bloodyexbeingadickasperusual · 17/01/2024 17:00

A testamentary guardian only applies if all parents with PR are dead so it wouldn't have any effect if ex still alive anyway.

Sorry I should have said, he decided not to be on the girls birth certificates because 'maintenence' 🤔 so ex would have to go for PR, and would get it, but my son would be the one automatically granted it if I die, it's my understanding that ex would then have to take ds to court to state his case and get the girls if he chose to, but it's pretty unlikely (I hope).

OP posts:
HJ40 · 17/01/2024 17:08

Just ignore your ex. He's the one being the twat.

I hope you recover swiftly.

2jacqi · 17/01/2024 17:13

@Bloodyexbeingadickasperusual I wouldnt be surprised if your shitty ex had not thought about the insurance payout and the chance of a bigger house!! I have had experience of a nasty hubby beng a real bastard to a dying young woman when she had cancer! btw your son sounds like a real gem!! good luck with your illness x

Mumsanetta · 17/01/2024 17:20

Your DS is a testament to you, you must be so proud of him!

It sounds like your ex is embarrassed that there will now be a legal document that sets out in black and white just what a shit dad he is. I would go ahead and ignore him. If you felt compelled to engage, ask him what he proposes instead.

AutumnFroglets · 17/01/2024 17:20

Sorry I should have said, he decided not to be on the girls birth certificates because 'maintenence' 🤔
Ha ha ha ha. The fact he isn't on their bc makes my heart sing. And your scenario is exactly why men shouldn't be on them unless they marry the mother, it just gives them different ways to control.

Your son sounds like a wonderful, caring young man 💕

Bloodyexbeingadickasperusual · 17/01/2024 17:23

He probably is motivated by money, I'm not sure if I should just message him and say "just in case it sways your opinion you're not getting a single penny should I die", that might be poking the bear a bit though 😂.

I have been very, very clear in my will that neither of my exes will get anything at all, every penny will be going to my kids, or stuff for their benefit only, and needs to be signed off by ds, solicitor, and I'll add older dd to that when she is old enough too.

I do feel like I'm maybe being dramatic sorting all this out to this extent at this point, because its very unlikely I will die from this, the grim reaper isn't knocking quite yet, but sorting the practicalities is keeping me focused while I go through the testing phase, and it will give me massive peace of mind.

Just wish I didn't have such a history of being with absolute bell ends.

I just want my kids to be OK.

OP posts:
Bloodyexbeingadickasperusual · 17/01/2024 17:33

My son is absolutely amazing, how the hell someone like me produced someone as amazing, mature and all round brilliant as him is a total mystery, sheer luck I think 😂

He is so involved with their clubs, school, day to day care etc that i have masses of witnesses and documentation of his involvement the girls always give him the fathers day cards they make at school too of their own accord. They adore him as much as he adores them.

I was a bit pissed off at the time ex refused to sign the BC if I'm honest, but it makes life so much easier. He didn't want me to use him for his money (which he has to pay now anyways, it was worth 5 years of hell with that lazy sod who didn't work the whole time for the £190 a month I get, played the long game there 😂).

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