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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

What would you do?

98 replies

giantnannyknickers · 12/06/2019 14:01

Ex has decided to stop paying maintenance for his kids. We have a maintenance agreement so he's legally bound so I'm forced to yet again take legal action against him. Would you stop him from seeing the kids as a result? My gut is telling me this only hurts the kids. So I haven't actually done this.

But He's also stopped picking them up which means I've a 30 minute round trip to facilitate visitation. It's shitting me that he's not paying anything, it's costing me money on petrol and he's still getting to play happy families with the kids despite his actions.

What would you do?

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giantnannyknickers · 12/06/2019 19:52

@AryaStarkWolf he has proper court access :( I agreed to ridiculous times to settle the matter and move on. I didn't realise he would then stop paying and want the matter to go back to court.

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giantnannyknickers · 12/06/2019 19:54

@Goodgollymiss yes he was going out with a 22 year old french student my whole pregnancy. We finished family court 2 months ago and they got engaged in Bali by way of celebration. I'm guessing with the impending wedding he can't afford child maintenance Hmm

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RandomMess · 12/06/2019 19:58

Would he and his future wife really want the DC full time?

I suspect not, I would call his bluff and insist on "first refusal for care" so they can't be palmed off on a nanny...

giantnannyknickers · 12/06/2019 20:03

@RandomMess I don't think they would want them full time. What is first refusal of care?

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Nearlythere1 · 12/06/2019 20:09

What an absolute shit he is honestly. I hope on your behalf that he rots in hell.

RandomMess · 12/06/2019 21:34

Do he couldn't be resident parent 5 days per week and employ a nanny to take care of them without offering you to have care of them instead. So can't deny you the right to take care of them in order to get someone other than him do it.

So he refuses to return them, seriously how long before he was fed up and would bring them back?

giantnannyknickers · 12/06/2019 22:39

@RandomMess I don't know, I've never left them for so long. I've always caved and picked them up.

I did email him this evening and say I couldn't afford to do collections anymore and he went off on one. He's going speaking to his lawyers again 😣 He's been so financially abusive this past few years I'm worn out from it. He has money to fight but not money to put towards the kids. It makes no sense. He seems to think I'm living the highlife and I'm not! I'm so wrecked from looking after the kids it's a full time job that never ever stops.

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crimsonlake · 12/06/2019 22:48

Look up his business accounts in Companies House, you will find it online then you pay a few pounds to download a copy. Is it an Ltd company, is he paying himself dividends?

user1473878824 · 12/06/2019 23:25

“You are being very fair allowing him to see them while he's stopped the maintenance.”

Yes how fair of someone not to punish their children by stopping them seeing their father.

Forgottenwhatsleepis · 14/06/2019 06:44

Was he abusive during your relationsip, even financially? If you can prove it (even something as simple as all money going into his account at.the time) you should be able to get legal aid. Find out when the domestic abuse services are on at your local citizen's advice bureau and go from there. Let him take you to court. Log everything, and try to get as much written proof as possible ie text messages, emails, dm's. Call him out on the fact he isn't going to bring them back in a text so you have the proof in writing. If you are granted full residency make sure you get a penal notice attached, so if he doesn't bring them back you can ring the police. And go to child maintenance payments, tell them your fears about hiding money and hopefully they'll investigate fully. Good luck

giantnannyknickers · 14/06/2019 08:30

@Forgottenwhatsleepis yes he was, I've a whole folder of the abuse logged since the last time we were in court. I think he uses court and the fact he can afford legal representation as a further form
Of abuse. It's getting me so down. I don't want any animosity. I just want to move on with my life. I wish he'd leave us alone. Do you think it's possible to request a once off payment of maintenance so that I can be financially independent?

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pinkandsparkles · 14/06/2019 13:02

Please go and speak with your local domestic abuse service. Even though you are separated, he is still exerting power and control over you through children matters and the finances. You have a lot more years of having to deal with him and it is important that things can be put in place in order to protect yourself and your children (emotionally and financially). Given that there has been previous abuse, it may be that you have spoken with services before but if not, please do. They will be able to assist. They will be able to put a plan of support in place and support around accessing solicitors and some will attend court with you too. This is what our service provides but I know different areas will vary in the level of support.

Please do speak with someone sooner rather than later. You do not want to breach any court orders as this would not be looked upon favourably by the judge (also don't want to allow him to have any further power as a result!) BUT at the same time the court order was not realistic for you to maintain which is why you need to seek your own legal advice.

Above all, I just also want to say that you're doing such an amazing job given everything you have been through and continue to go through. It shows what strength you have even though you may not feel it right now. You're clearly a brilliant parent and are doing all you can to put your children's needs first. Just make sure you also look after yourself- if not only for your sake but for your children's xo

4legsandawaggytail · 14/06/2019 16:08

There is also a phone app called 'call recorder'. It can be set to automatically record calls. You can delete them after if you need to but you can also name the calls. He may think he can say things to you and control you that way as you have no proof of the spoken word, it's his word against yours. This way you will have evidence of what he says and how he says it. This can be very useful to you right now. I would also suggest you call a few friends and let them call you to make sure it does record all the calls before you take calls from him .Good luck. What an awful position to be in. Try and protect your children from the situation by how you word things. Never let them experience adult problems they can't deal with. As they get older you can explain it better but always in an age appropriate way which protects their mental health.

hidinginthenightgarden · 14/06/2019 16:12

Just don't take them. If he is supposed to collect them then you are doing your bit if you just be available for contact. If he picks them up then go and collect them so they are returned.
Don't do it both ways!

giantnannyknickers · 14/06/2019 16:31

@pinkandsparkles you made me cry with your post. I really needed to hear those words. I'm feeling totally and utterly broken today. Today He said he couldn't drop the kids back as he had no car, went to collect the kids and there was a car in the driveway. All this drama, although I try to hide it, is affecting the kids as my toilet trained baby girl has had two potty accidents already today since returning from her dads.

He's now agreed to pay 1/3 of what was agreed 2 month ago in court for child maintenance. But when this will happen god only knows. He's now saying that the partial settlement payment as part of court proceedings, should be used as child support.

I thought child maintenance was seperate from financial settlement & family matters? He picks and chooses to interpret the orders as he wishes.

I'm not sleeping anymore and having nightmares. I'm so anxious about what he will do next. He's never hit me, but sometimes I wish he had so someone could see the damage he's done.

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giantnannyknickers · 14/06/2019 16:32

Sorry for the bad grammar and spelling mistakes. Anxiety is at an all time high

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Chamomileteaplease · 14/06/2019 16:38

What worries me is that such an abusive man who behaves so appallingly - surely there is no way he is a kind and loving father to a two year old and an eleven month old?

I just don't see that is adds up.

I wouldn't deliver my babies to such a horrible man becuase I wouldn't trust him to care for them properly.

If I were you I would never take them again and hope he leaves you all alone forever more.

ArthurMc · 14/06/2019 16:39

If he wants to see his kids he will move hell high water and heavens to do that. Stop facilitating. Just stop.

ArthurMc · 14/06/2019 16:40

Your anxiety will disappear once you don’t have to deal with him. If he wants to see his kids, he can make the arrangements. It’s not your job to run a free taxi service for him.

pinkandsparkles · 14/06/2019 17:51

@giantnannyknickers It is the truth. It is so important to focus on any positives that you can find in all this and that positive is you. Your children are so very lucky to have you in their lives and you need to remind yourself just how well you are doing.

Legally you have to stick to the court order. It's awful and totally agree with what others are saying but you will only get yourself into trouble if you go against it. If you think they are at risk of harm then that is a different story but a solicitor will explain all this to you. At the moment you haven't indicated that they are. Obviously we all know that they are going to be emotionally harmed by this and as you have already said it is affecting your eldest. I'm only going on what the courts would say (not my personal views so please, nobody attack me on here!). Whatever has been agreed, you must go along with. Stick to your end and if he breaches then on his head be it. This is why you need to seek legal advice and look at returning to court. What orders exactly are in place?

It is helpful to get a notebook and use this to keep a log of everything. Make a record of times, dates etc of visits that were to go ahead and what happened. This information can then be used by the solicitor if you return to court. It helps to have a record for yourself too just for reference. Also, any verbal abuse. Keep a record of this.

Yes. Child maintenance is completely different.

You are not alone in your way of thinking. The mental damage is so difficult for people to see or to prove. It also lasts many years more than what any physical injury lasts. It's difficult as well for people to really 'get it' too isn't it? He will interpret as he choses for his own gain and quite simply to mess with your mind even more so that you are left even more confused, full of self doubt and lacking the confidence to even begin to challenge what he says. He has already worn you down over all the years of abuse and so having the strength to keep fighting is understandably difficult. But you CAN do it! I have seen it be done many, many times. I just want you to know that. There is hope and this is not how life is destined to be for you.

Forget what HE says. He is full of shit. There is no real other way of putting it.

Knowledge is power. Get yourself legal advice, get researching on other ins and outs of things and you'll see exactly what your rights are and what he can and cannot do. You can take charge of this situation and take back that power and control. Once you're able to do this, he won't be able to hurt you anymore and things will hopefully be better for your children because they are the ones who will suffer if things continue the way they are. It won't happen overnight but it can be done. There is nothing greater then getting to the point where you're able to say f you, your words or actions have no impact on me anymore.

Have you heard of the Freedom Programme? If you contact your local domestic abuse support service they will hopefully run this. You may really benefit from this and the understanding of abuse. Also, knowing you're not alone and that there are so many others that understand. There are not many people I have met who have not found some benefit from it.

I don't know whether it would be worth while seeing your GP about your anxiety. I know it's probably mainly situational but I just feel I have to put that one out there.

Like I say, this is not how things are going to be forever and with a little bit of help you can change it. It might not be easy but just picture yourself x amount of months from now, then a year etc... You get the point! You can do this!!!! Sending you a really big hug 🤗 xx

giantnannyknickers · 14/06/2019 17:52

@Chamomileteaplease he's good with the 2 year old. The 11 month old not so much. Which shits me altogether. To be honest with you I don't know what goes on behind closed doors but the kids have come back in some awful states. I rang social and they said all the could recommend was to get the police to do a welfare check. He's now moved in with his mother so the standard of care will go up a lot as she's neat and tidy.

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oneforthepain · 14/06/2019 18:10

He seems to think I'm living the highlife and I'm not

He knows you're not. It's a way to control you. Everything you're describing here is him continuing to abuse you.

Please see if you can get yourself on the Freedom Programme. Www.freedomprogramme.co.uk

The course is free to attend, confidential, and you won't have to talk about your life.

They can help you understand what he's doing and why and how it's affecting you and the children. That knowledge will give you back some of the power he's taken from you - it will help you to stop tying yourself in knots trying to make sense of him, it will make it easier to detach yourself because you'll be able to see through his games,and it will help you figure out how to respond.

Don't try to compromise, enforce the court order.

He won't become more reasonable if you give in, he'll just keep pushing you further. It's not about the money or the driving or the time for him, it is all about finding ways to control you and have power over you.

You can't "win" by trying to reason with him or being reasonable - take your power back and take control over your life and the decisions you can make. Start by holding him to the court order.

You can speak to women's aid on 0808 2000 247.

mumwon · 14/06/2019 18:28

it would be interesting if HMRC could investigate his tax …. especially if he is - laundering his money into his gf account....

giantnannyknickers · 14/06/2019 18:48

@oneforthepain yeah there's no reasoning with him. Everything is my fault so I've given up trying to talk to him.

I just thought when he got engaged he'd leave me alone.

Thanks for the links I'll check those out. I've just finished up 18 months of therapy but maybe I'm not as strong as I think I am. It's just relentless.

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Thequaffle · 14/06/2019 18:52

If he isn’t paying maintenance then he actually is choosing not to be their father. Any dad worth a damn wouldn’t ever choose to stop paying for his children. I wouldn’t drop them off anymore, if he want to see them he can make the effort.

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