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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to take this back to court?

608 replies

Justonedayatatime11 · 09/05/2018 08:24

Exh took me to court a few years back and obtained a CAO for our dd(4). CAO states EOW and 50% of his annual leave. Exh has rarely adhered to the CAO and can get very aggressive if I can’t change plans to accommodate him wanting to swap and change weekends. I’ve received a message from him last night saying that every weekend for the next 4 months is going to have to change, but he doesn’t know how or when.
FWIW, he’s blaming work. Now he could take the CAO to his commanding officer and have it enforced which would mean he would reliably see dd EOW. However, he’s admitted he won’t do this as ‘it will harm his chances of promotion’.
My plans for the summer are now up in the air because I now don’t know when/if he’ll be seeing dd. Not only will that potentially leave me out of pocket, but more importantly dd is getting no consistency. He’ll go for a month without seeing her and then want her for a week at a time.
To be clear, I am not trying to stop contact. Dd adores him and I wouldn’t want to take that away from her. AIBU to take this back to court and look at getting the CAO changed? I just want some consistency for her sake and some reliability for me?

OP posts:
Justonedayatatime11 · 08/07/2018 09:35

Yesterday was rough. After drop off I was very much on the verge of losing it. I HATE that he can still make me feel like this, yet apparently I'm the narcissistic one?! I mean, who texts someone's mother, accusing their daughter of being a narcissist??
Anyway. He's clearly choosing to ignore my solicitors advice, he also made it quite clear yesterday that DDs feelings don't come into play. She told me last week that she doesn't want to go to Daddys for 8 nights, she wants to go for 4. And she wants me to take her to her preschool leaving party, not him. Now given that he's never even set foot in her preschool I don't think that's unrealistic. But nope, yet again, I'm in the wrong. In his words 'DDs thoughts don't matter, it doesn't work like that'.
I'm seeing a new solicitor in 10 days, one with a reputation for being the best, and not someone who'll take any crap. Hopefully he can do something that my current solicitor, lovely as she is, hasn't.
This is no life. My DD is everything to me, she is always my priority, her wellbeing is the most important thing, I make sure she never goes without anything. Yet apparently I'm still selfish and never put her first? I'm fed up of questioning everything. I've bought DD up singlehandedly and actually, I don't think I've done a bad job. She's polite, scarily clever and the most loving, happy little girl I could wish for. I don't want this to mess her up like it has me

OP posts:
RandomMess · 08/07/2018 11:04

Are you now sticking rigidly to the court order?

Justonedayatatime11 · 08/07/2018 11:20

I've always stuck rigidly to it. He's stuck to it for the past 2 fortnights, but prior to that he didn't see dd for a month

OP posts:
RandomMess · 08/07/2018 11:26

All you can really do/enforce prior to going back to court is sticking to the CO or withholding contact which unless it's safeguarding will not reflect well on you.

He is upping the anti because you are standing up to him, just ignore and carry on. Don't discuss anything with him. Don't engage with him.

Justonedayatatime11 · 08/07/2018 19:46

Pick up this afternoon. He repeatedly tried to hand a letter to me. I repeatedly, and calmly, stated that it needed to be sent to my solicitor AS HES BEEN TOLD NUMEROUS TIMES! He wouldn't give in until I'd taken it.
Apparently I'm 'obstructing contact' by stating that DD wants to stay for 4 nights, not 7 and that she'd like me to take her to her leaving party.
To add to that, he's also seeking an amendment to the CAO which will allow HIM more flexibility. How is that even a possibility? He just gets to pick and choose when to have DD? Really pissed off tonight

OP posts:
MrsJonSno · 08/07/2018 19:57

If he works weekends and shifts the yes, he may well be granted flexibility in the court order so he can spend time with her around work. But it will be down to your solicitor to ensure it states this must be agreed well in advance. So perhaps he gets 26 weekends a year but that he can email you at the start of the year which 26 they are to work around his work schedule.

For now don’t agree to any changes. Alternate weekends if that’s what the Court Order says. If he isn’t available say no. If he wants 8 days, say no.

sparklepops123 · 08/07/2018 20:04

Only communicate through solicitor & have somebody else do pick up/ drop off

Justonedayatatime11 · 08/07/2018 20:06

I've tried only communicating through solicitors and he's deliberately refusing to. Sadly I don't have anyone else to do handover

OP posts:
DistanceCall · 08/07/2018 20:14

He's waging a war of attrition - he is trying to wear you down so that eventually you'll give in and agree to anything he says.

You need to be strong here. First, give the letter to your solicitor ASAP. Then, next time he tries to give you something, refuse to take it, and even drop if without opening it.

Don't listen to him. Absolutely everything he's saying is an attempt to bully and control you. Stick to your solicitor, stick to the law.

DistanceCall · 08/07/2018 20:16

If he refuses to communicate through solicitors, that's his problem. Then he doesn't get to communicate, and you are unable to make arrangements.

You are not denying or refusing anything. You have given a perfectly reasonable channel for communication. You need to refuse to interact outside that channel, for your sake and for your daughter's sake.

This is all about power, and nothing but.

sparklepops123 · 08/07/2018 20:26

Then he meets you in a very public place , somewhere he won't want people to witness his behaviour

Justonedayatatime11 · 09/07/2018 07:01

I'm questioning myself again. Am I unreasonable to be doing this? Am I wrong for involving solicitors? Am I stupid and weak for letting him chuck that letter at me yesterday when I'd repeatedly told him it needed to be sent to my solicitor? I feel like I don't even know who I am anymore! Everything I do just seems to be wrong

OP posts:
PearlandRubies194 · 09/07/2018 08:03

OP, I didn’t want to read and run. I’m very new to Mumsnet and in fact, it was my experience with my abusive ex that led me to seek advice and support here too.

I’d never heard of the term ‘gaslighting’ until I read it on here and I think this is what your ex husband is doing - he’s minimising his behaviour whilst making you doubt yourself and questioning whether you’re doing the right thing.

You come across as a loving, caring wonderful mum who only wants the best for her DD. You’ve never stopped contact between your DD and her father, you’ve always made her available and have been more than fair in accommodating him and his work. To be honest, I think he’d behave this way if he worked in any job - not just the military.

You’ve done everything the correct way - you’ve logged everything down, seeked legal advice and informed the Welfare Officer and he continues to behave this way. Demanding you to take the letter is harassment. It should have been handed to his solicitor - you know this OP. HE is in the wrong.

I didn’t have anyone else for handover either but my Ex did - does your ex husband have anyone who can do pick up/drop off? Can you arrange to meet in a public place rather than your home - I think you’re especially vulnerable at home. So you can walk your DD to the pick up place, give her a kiss, hand her bag over and walk away. You don’t need to engage in any conversation.

Come on OP - be strong. For what it’s worth, I’ve had six years of bullying, missing contact, not turning up to school events, not paying maintenance. The final straw came this weekend in fact, demanding me to to travel four hours to drop my DD off at his housewhen the Court Order said half way only. I said ‘no’ and he replied with “then there will be no more contact”. In my case, the controlling of me became more important than our daughter - and yes, he is the one who took me to court too!

Motoko · 09/07/2018 12:36

Of course you're doing the right thing. Your self doubt is a result of his abuse, so you need to start trusting yourself.

I think, as he has continued to ignore the solicitors instructions, you could go for a harassment order. Other people will have more knowledge than me about this, as I've never had to do this. Speak to your solicitor about the next steps to take.

RandomMess · 09/07/2018 13:15

Does this mean the CO only states 50% of his annual leave and not that it is in complete weeks etc?

Presumably when it goes back to court you need to put in a clause that he doesn't keep her off school in order to have his 50%?

Justonedayatatime11 · 10/07/2018 20:53

Yep, just says 19 days of his AL, not in any specific blocks.
More concerningly, DD told her keyworker at preschool yesterday that Daddy makes her sad, and she only wants to go to Daddies for 1,2 or 3 nights, not 7 or 8 Sad.
My solicitor is aware of what happened over the weekend and has said if he tries anything like that again she will have him for harassment. It's all just so exhausting

OP posts:
RandomMess · 10/07/2018 21:14

He is such an abusive w*nker!!!

He will be his own undoing!

Justonedayatatime11 · 13/07/2018 11:32

So apparently we're going back to court! I think this may actually be a good thing... my solicitor has reassured me that the judge will not give his job priority over DD. If he cannot commit to EOW then that is not in DDs best interests. She has also taken onboard the paperwork I sent her where DD has told preschool she doesn't want to go to Daddy for 7/8 nights, only 1,2 or 3. Last time I was terrified of court, this time I feel much stronger as I know I've done nothing wrong. I've never stopped DD seeing her Dad, I've stuck to the CAO without fail and I've been more than flexible and accommodating. But I'm fed up of being bullied and walked all over. So no more!

OP posts:
sparklepops123 · 13/07/2018 11:47

Good for you ! 💐

RandomMess · 13/07/2018 12:05

Glad you sound so much stronger!!

When non resident parents have irregular work patterns they have to give you their pattern once they have them. So if he knows 6 months in advance that's when dates are agreed!

Plenty of military people manage to be reasonable he is clearly just a nasty bully. Have you got evidence from welfare about his work pattern and the notice he gets?

Justonedayatatime11 · 13/07/2018 12:39

No, apparently he has a new posting as of beginning of August. Closer to home supposedly but with the added condition that he has to have a pager on him at all times and if he gets called back to work he has to go. Which doesn't really improve the situation! I am feeling stronger. I've had a really really shitty week, it's very nearly pushed me over the edge. But this is all for DD, and she needs me to be strong

OP posts:
Duskqueen · 13/07/2018 12:41

I admit I have not RTFT, but this promotion he is trying to get, would it give him better flexibility and therefore more time with his DD? I agree that getting agresseive and threatening you isn't good though. I would try and have a calm word, tell him that you will try and be as accommodating as you can but there will be some weekends you can't help with. When he doesn't see her for a long period of time does he at least call her? Have you asked him about this promotion and what it entails?

RandomMess · 13/07/2018 12:49

Well he needs to arrange for back up childcare on his weekends - it isn't automatically you!

You can ask for the right to have first refusal ie before he calls on someone else to care for DD. It's a tough one because he could potentially abuse it pretending he had to go into work if he knows you have special plans etc.

I would want it to be clear that if he turns up and collects her for "his" weekend then that's it, childcare is his responsibility until she is due back Sunday Eve/Monday morning or whatever.

combatbarbie · 13/07/2018 15:29

What job requires him to carry a pager 24/7 cos i call bullshit. And I'm not aware we even use them anymore????

He can do duty for a week at a time but there's usually a rotation of at least 3 people.

HeckyPeck · 13/07/2018 15:49

Stay strong op! You're doing the right thing for your dd. Hopefully once he realises you're not going to give in to him anymore he'll stop being a dick.

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