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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ignore this bananas lawyers letter from ex?

160 replies

nomdeplooom · 12/03/2022 00:40

(Namechanged to avoid further bananas behaviour)

Separated from ex husband 11 years ago. Been with partner for 10 years and have two DC by ex- 16&14yold.

To cut a very long story short - Ex has what I reckon is a personality disorder. He's been diagnosed with both severe clinical depression and bi-polar in past, but because of his behaviour, it's hard to know what's true and what's been embellished as he LOVES the dramaaaa.

The past 11 years have been pretty hairy - lots of girlfriends, only one of which stuck around for any real time - no job, mental health rollercoaster, unsettled and struggling on the whole. Lots of anger towards me and my partner. Periods of being very unreliable with contact, but until they were teens, they wanted to see him when he was able to take them, and for spells he was better. You could be certain that the good spells wouldn't last though, and usually it was no money to see them (no job for 10 years), or too ill - both physically and mentally. Most of the effort he made with them was on social media - Loads of daily texts/messages. I'd see his texts and they were embarrassingly - all teenage 'yo girlfiend!' jargon and trying to be 'one of them' - desperately compensation for a lack of real parenting. He still believes that they have a 'magical relationship' (according to his enormous ranting emails).

Fast fwd to covid - lockdown, and eldest's mental health declined and turned out she was self harming. Obviously got her help/support and in talking to counsellor she opened up about her dad and how she was struggling to deal with him - she'd go for the weekend and he'd stay in bed, his moods would be up and down, and she hated his girlfriend, who he split from but was still on the scene. Lots came out she'd never told me. This also triggered conversations with my youngest who felt similarly about her discomfort when staying with him. When lockdown eased off there was a decision to be made about going for Xmas and they eventually said they'd go (it was his turn). I got a call on xmas day asking to be picked up - his behaviour was unstable (lots of gaslighting and 'you hate me etc' - all the things he used to do to me) and it frightened them. After that everything changed - they stopped wanting to see him and they spoke much more about how they felt uncomfortable and unsafe (not in a physical sense, but in the sense that he'd put them in risky situations and didn't take care of them properly).

Because he has so much resentment against me, the kids not wanting to see him anymore has caused an increase in friction. Lots of emails demanding contact, calling me every name under the sun, and he refuses to believe it's their decision - I must have manipulated them blahblah. He pestered them on social media to the extent they blocked him and has refused to take their very valid concerns on board. We've all now blocked him on all platforms and moved home, not telling him our new address. He lives about 30mins away and turned up at their school with letters for them, which school refused to give them. They have regular nightmare about seeing him and I'm arranging counselling as it's really affected them, causing anxiety and stress. Despite this, since they stopped seeing him, my eldest has stopped self harming and got straight As in her prelims.

Today I got a letter (at my work) from a solicitor saying he's concerned about his children's welfare and that we need to put the youngest (he can't do anything about eldest as she's over 16) back in touch with him immediately. They requested a response from our solicitor.

AIBU to toss that shit in the bin and just keep ploughing onward - or does he stand a chance in court? Surely you can't force a 14 year old to do anything they don't want to do! She's adamant she doesn't want to see him and turned down an offer of mediation.

OP posts:
MakingProgress2022 · 12/03/2022 07:34

I had this. Abusive EXH. Legal advice was that at at 14, and fully Gillick competent, there is no way child will be forced into contact. Just won’t happen.

Solictor wrote a letter explaining this and stating that if EXH wants, he can make an application to court, but that at this age, child’s wishes and feelings will be the determining factor. Also that if efforts at unwanted contact continue, police will be notified as harassment (EXH was continually trying to make contact).

That shut EXh up. No response.

I’d suggest getting a sol to write a letter.mine cost £170. It was probably the best £170 I’ve ever spent.

Lagarthatheviking · 12/03/2022 07:34

Can he prove that you received the letter? Did you personally sign for it?
If not then ignore totally and do not acknowledge receipt….

Refuse to sign for any future letters.
That should drag it out a bit!

JudgeRindersMinder · 12/03/2022 07:35

@pinkstinks

Also how dare he send a letter like that to your work. How inappropriate. You might not work there. Can you take a copy and then return To sender as not known at this address??
This was my first thought too.
FancyAFlapjack · 12/03/2022 07:35

There is some naive and misleading advice on here. Your ex-H may well be hoping that you do ignore the letter, which he will then use as ammunition against you - parental alienation is now recognised by family courts(despite being total junk science).

Do not ignore the letter - take it to a solicitor.

alwayswrighty · 12/03/2022 07:41

@nomdeplooom I agree with @Willyoujustbequiet in that it would be best to drag it out until she is 16.

@Willyoujustbequiet it's interesting that you say dv cases tend to be the ones where parental alienation happens. This is exactly what happened to me I was the victimand as a woman it was very hard psychologically to lose residence of my dd. Alienation happened within 2 years and it has been brutal. The carrot continually gets dangled and then snatched away.

SoupDragon · 12/03/2022 07:45

he's like a dark shadow following us around...

For that reason, I wouldn't ignore it, I'd try to get rid of him properly (legally. Not by murdering him!).

knittingaddict · 12/03/2022 07:58

@FancyAFlapjack

There is some naive and misleading advice on here. Your ex-H may well be hoping that you do ignore the letter, which he will then use as ammunition against you - parental alienation is now recognised by family courts(despite being total junk science).

Do not ignore the letter - take it to a solicitor.

The children are 14 and 16. They are old enough now to make up their own minds about contact. If they were younger I would agree with you.
Liveandkicking · 12/03/2022 07:59

Personally I would ignore him until you actually get taken to court but be compiling evidence e.g letter from GP, school, counsellor. I would also let school know that you are safeguarding your children from their dad because they don’t want to see him and he has severe mental health difficulties which have put the kids welfare in jeapody.
But a family solicitor will advise the best legal route.

Donkeyinamanger · 12/03/2022 08:00

I am glad to see you plan to get legal advice. I think the letter needs a response. You need to keep in mind how it will look to the court if he does take it further. On paper it currently looks like he is a concerned father, who does not know where his DC are currently living, and has genuine concerns for their welfare. You, or a solicitor on your behalf, can respond with an explanation of the true situation, which will make it pretty clear that there would be little point taking this further.

Your DD's are very lucky that you had the strength to walk away, and to keep fighting their corner now.

HotDogKetchup · 12/03/2022 08:02

Solicitors will write a letter with (almost) any content their asked. It doesn’t necessarily mean they have a sound legal argument.

DoingAway · 12/03/2022 08:02

Get legal advice OP. I would be really wary of deciding to ignore him without proper advice.

TheReddestJohansson · 12/03/2022 08:03

OP you sound great, and I feel awful for your daughters.

My DH and I have some experience of this going legal (am being deliberately vague here). We had extensive contact with solicitors and sent many, many letters and mediation was at the core of our situation.

Mediation being offered and ignored is not a good move as it sets you up as being unreasonable (however unfair). Should this get to court he will be seen as a desperate father who tried everything to avoid court and you will be painted as the manipulative mother who ignored his reasonable attempts at resolution.

In court attempts at mediation are viewed as an essential stepping stone. If it is avoided by one party, it can cost that party very dearly. He’s being very deliberate here and you mustn’t ignore it.

I’d suggest replying and accepting the mediation.

The process involves the mediator contacting both parties separately at first. At no time will your children need to be in a room alone with him, it can be done as a family and even over zoom. It’s an INCREDIBLY positive and helpful process when done well, and may help him understand the situation better too. Yes, you both pay half, but that’s fair and may well save you thousands in court costs (in court the party who declined mediation is often held liable for both sides fees).

Please do not ignore this letter. X

Lurking9to5 · 12/03/2022 08:04

He's using a solicitor to ''bait'' you. Classic drama bait.

LumpyandBumps · 12/03/2022 08:08

If it is possible to obtain free or limited cost legal advice it might be worth doing so but I wouldn’t be too quick to reply because

a) Responding will let him know that he has established a means of contacting you via work. Could he then start to harass you in other ways?
b) To a degree a solicitor will write what their client asks, and without
the confines of a court case has no more weight than if he wrote the letter himself.
c) There is no benefit to you in an early reply. Time is against him. There is a presumption in law ( although if you are in Scotland may be different) that a properly addressed and paid for piece of post has been delivered to its intended recipient, unless that is refuted. A letter sent to your work address without an individual post box not getting to you seems much more of a grey area. Plus it seems so unlikely that things would ever get to the stage where you had to justify not responding.
Good luck

Mummyoflittledragon · 12/03/2022 08:08

You sound like a lovely and caring mum. I’ve said YABU to ignore the letter as he may be building a case of parental alienation against you. He is clearly abusive and manipulative, likely unstable. Despite your younger dd’s age, I would not take the risk of binning this letter.

He obviously doesn’t deserve your dds. Don’t give him any ammunition to be able to get to them. Flowers

Lurking9to5 · 12/03/2022 08:09

@nomdeplooom

Thanks *@DowntonCrabby* - I'm thankful every day that I walked away...

Yes, I thought I might keep a hold just in case. Ignoring him seems like best option, but he's so desperate for a reaction, I worry it'll escalate.

My x is cut from this cloth.

I ignored a similar letter. I took it to a solicitor who TOLD me, you're not being asked to defend any 'charge' here. There is no legal action required. So I said, oh, ok, are you sure. It was a horrible letter that just seemed to mention that I was a single parent on benefits. That's not a crime as the solicitor assured me. I ignored it and then he sent one I couldn't ignore. But my situation was different from yours as I had removed the children from their habitual domicile and I did end up having to go to court.

So knowing him as you do, would it be best not to ignore it but to get a solicitor to send back a really boring letter. Do not defend yourself in it (as he'll love that, you being up in the dock metaphorically, defending yourself to him ) so get the solicitor to de=personalise it. There is nothing to defend. There is no concern here.

GinIronic · 12/03/2022 08:11

I too would suggest legal advice - remember you can pay a solicitor to write just about anything in a letter. It’s not a court order. You do not need to comply with any instructions.

something2say · 12/03/2022 08:12

I used to be a DV advisor. I may be out of touch now..but...my advice would be, get it to court. 11 is the age they can choose for themselves. So your 14yr old would be able to talk to the solicitor and state her preference and that should be upheld. His behaviour needs to be out in the open, his challenge lost, and some boundaries put in place. I'd go forward with that letter, as it's a gateway to a better conclusion.

BuanoKubiamVej · 12/03/2022 08:12

I agree it is bananas but I don't think that you should ignore it.

You should get a formally written solicitor's reply, the gist of which being that you refute his allegations, that you are acting solely in the best interests of the children and will continue to do so at all times, and that you will not obstruct contact or discourage your children from having contact with him if they want it, but currently his own actions have made them choose to step away from him with no instruction from you to do so, and you have no intention of forcing them into contact that they find distressing.

Keep evidence of all the unstable behaviour that caused the kids to choose not to have contact any more. If he takes you to court you will need to show this as proof that dropping contact was reasonable.

Chakraleaf · 12/03/2022 08:20

I wouldn't ignore it as I got told off for this in court!

Viviennemary · 12/03/2022 08:20

He is obviously in a very bad place. Even if he has brought it on himself. I can't see the courts forcing an older child to have contact when they really don't want to. Why don't they agree to limited contact for a trial period.

secretsqizzle · 12/03/2022 08:21

I would reply to the solicitor thus ;

Dear Solicitors name,

Regarding your letter of the (date) , requesting renewed contact between your client and our youngest daughter.
It has been made very clear to your client that his daughter does not wish to pursue contact at present. If this is an assertion your client wishes to challenge then I suggest he makes an application for a CAO in the normal manner - and our daughter will explain her reasons directly to the judge.
I will not be responding to any more correspondence in this matter outside of court proceedings.

Yours sincerely

Nomdeeploom.

You absolutely do NOT have to reply to solicitors letters. They have no special powers. It's the court that makes the rules. However it could be a smart move to respond once - just in case he is stupid enough to waste money on court. You will then be able to show you engaged with him and stated the situation clearly . You don't need a solicitor to do this.

Lurking9to5 · 12/03/2022 08:22

He'll be so excited opening the response from your solicitor OP. His hands will be trembling. The buzzz,, omg............

What you need to do is to make sure that the contents of that letter walk the line between exacerbating his narcissistic injuries and denying him the drama he wants to stir up.

Something along the lines of nothing happening here folks.

Mummyoflittledragon · 12/03/2022 08:22

@Viviennemary

He is obviously in a very bad place. Even if he has brought it on himself. I can't see the courts forcing an older child to have contact when they really don't want to. Why don't they agree to limited contact for a trial period.
Op’s dd was self harming.
Lurking9to5 · 12/03/2022 08:22

I mean not exacerbating his narc injuries.

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