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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Is it time to involve a solicitor?

8 replies

ohreallyohreallyoh · 29/08/2018 11:02

Acrimonious divorce over 10 years ago now. Ex a game player who needs to win. I have learnt to mange him largely by ignoring him and not rising to the provocation.

Current girlfriend had been in situ about 5 years. He moved in with her before she had been introduced to our children. They have separated and moved back in several times and for a while, he saw our children at his own home and lived with her the rest of the time and she had no input. It seemed she wanted nothing to do with our children. About a year ago, they moved in together - she gave up her rental property and they rented together. There have been problems ever since along the following lines:

  • small stuff including making drinks/pancakes/any food for her, my ex and her child but not our children.
  • shouting in their faces that they are stupid/useless
  • taking birthday money from my child that came from my family (stupidly he took it there to show as he was so pleased with it) and refusing to return it, even to me when asked. Saying it has been put in a bank account for them but refusal to prove this to them (and lots of verbal abuse about how badly brought up they were when they asked).
  • having to listen to rubbish about me along the lines of my being lazy and useless (she doesn’t work, he doesn’t pay maintenance). This is often embarrassing for them because they will put me down and insist on things that happen that don’t. So for example, I am referred to as ‘just a supply teacher so she doesn’t do any marking or planning’ when the children have seen me get through 60 books the night before. Some of the stuff is downright nasty and not what children should hear. They wrongly assumed, for example, that my attending a meeting every morning was me ‘being a shit teacher and about to lose her job’ when actually what I was referring to was attending daily briefing which most teachers up and down the land do every morning. The children were worried because they realise I’m supporting them and obviously know we need my income.
  • involving one child in slagging off the other two within their hearing.

My eldest child is at the point of going no contact but the other two aren’t really old enough to make that decision. They want a relationship with their dad. They don’t want to hear what a terrible person I am and/or be treated like second class citizens in their father’s home. On occasions, he does challenge her and things improved a little when one child refused to go one weekend but since then, it has gone down hill rapidly. He normally takes them for 3 weeks in the summer but has had them following his normal contact pattern. He went on holiday with girlfriend and child and told our children he couldn’t afford to take them (at the start of July he told them they would be going to France for a couple of weeks).

There is a court order in place but he hasn’t adhered to it for years and I have kept records. At this point, I am concerned for my children’s emotional and mental health and can’t help but wonder if no contact would be better. My youngest asked the eldest to text dad at the weekend and he said he wasn’t going to ‘because if we’re not careful, we’ll end up having to go round’.

Is it time for a solicitor’s letter saying stop it or I’ll force it into court or is there a better way?

OP posts:
MatildaTheCat · 29/08/2018 11:09

How much time do the dc spend with him and why no maintenance?

The gf sounds hideous and if the children are being emotionally damaged I would certainly limit contact very dramatically. I would also seek to get that maintenance and keep contact with the gf down to nothing.

Sad that he is allowing this. YANBU to ask the advice of a solicitor if you can’t find a resolution any other way.

bengalcat · 29/08/2018 11:10

Seeing a child psychologist / family therapy type of person would be good just so you have a professionals validation of what your children are saying and how it is affecting them ( and also evidence ) - of course your children want and should have contact with their father and exposure to this adult shit is unacceptable - and yes you may well need a solicitors letter for the future

BlueSky198080 · 29/08/2018 11:14

No advice sorry OP, but that was sad reading. Do what you believe is in your children’s best interests.

BlooperReel · 29/08/2018 11:19

I would go back to court too, after Bengalcat's suggestion of them seeing a psychologist/therapist so you have some independant evidence of what is essentially emotional abuse. Bad mouthing you the point they are worried you will lose your job, shouting in their faces, stealing from them, it is all abuse and she should not be allowed anywhere near your children.

Their father is a useless wankstain for not protecting them from this shit.

ohreallyohreallyoh · 29/08/2018 11:19

no maintenance because he is a self employed, tax dodging weasel who, hopefully, will one day end up in prison as a result. His game is to open up a limited company and then ignore the need to file any paperwork so they eventually shut it down. Then he opens another one. So he avoids paperwork, tax etc. It is very obvious and I assume one day the powers that be will catch up with him. In the meantime, no maintenance. No contribution to anything at all.

Contact is the standard every other weekend, one night in the week and half of holidays. He has never really done the holidays except the summer.

They don’t get time without the girlfriend. She is always there. Eldest has tried to tackle it with him but is essentially told I’m a terrible mother for making him say this stuff (when in reality, we hadn’t discussed it at all!).

OP posts:
shallichangemyname · 29/08/2018 11:40

Family lawyer here.

Start keeping a detailed diary. Start with a little essay about what's happened up to now, chronologically, with as much detail as you can. Then real time diary entries going forward.
You can write to him - yourself or via a solicitor- to set out your concerns and proposing a new contact regime going forward. Eg midweek he takes them for tea then returns them so they don't have to see the gf. Not sure about weekends - personally I'd be proposing visits with them returning home to you overnight. Say he can see them more but it has to be away from the toxic and harmful atmosphere of his home. Suggest a discussion with a mediator to help the two of you agree a way forward.

He is unlikely to agree (but may come to mediation). Remember he will be getting it in the neck from her at home.

So options following that are either just to impose what you think is best or apply for a new CAO.

If you just impose what you want, you are in breach of an existing order.so X could apply to enforce it. He could also just refuse to return them on "his" nights. It could get v messy. The better option is to take the bull by the horns and apply yourself.

Before you can apply, you HAVE to attend mediation. Either together or separately. He can refuse to go but you have to go to at least one session.

He must know deep down how wrong this is and he needs to help find a solution to the problem if he stays with her.

Try to phrase your communications so that you are trying to help. Eg you want to avoid the younger ones refusing to stay like the older one has.

Your GP may be able to refer to a young persons counselling service but I imagine the younger two are too young.

If this gets to court the DCs will be interviewed by a CAFCASS Officer and you should encourage them to express their true feelings.

ohreallyohreallyoh · 29/08/2018 11:47

Thank you. He won’t mediate. I have, for years and following disagreements, offered to attend mediation but he won’t. He simply says he can’t afford it and/or ‘nothing changed’ following the only mediation we did as part of the divorce (for ‘nothing changed’ read ‘I didn’t like hearing that maybe there is a different way of looking at this’).

I am looking at a local,psychologist’s website now. I thought maybe a session or two with her, getting her to confirm that there is indeed a problem and then going down the legal route?

OP posts:
shallichangemyname · 30/08/2018 12:16

I think you place yourself in a better position by having some professional advice. I think you should also go to your gp and ask for advice on what to do and who to use regarding safeguarding their emotional welfare.
He must know though that this is all very wrong. So maybe, just maybe, he might agree to speak to you about this with a mediator. The advantage to him if mediation is that it's privileged and you can't rely on anything that's said at mediation.

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