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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think his demands are so unreasonable

27 replies

Whoamianymore49075 · 23/08/2023 08:35

Currently separating from husband and we are going to do 50/50 custody split. He has said he will absolutely not accept anything less. He has been emotionally abusive for a number of years including to our children. He has given them the silent treatment for not not attending clubs to the point my son said to me the other day that he was worries about telling his dad when he wasn't feeling well because he will still make him play football.

Anyway my husband has sent me a message to say Christmas is absolutely not negotiable and the kids will be staying in their home for all of Xmas eve and Xmas day and I am welcome to join for as much as I want.
He is staying in the family home as he won't leave and I have gone to my Mums. He is using language like primary residence.
AIBU to think this is completely unreasonable and will a court see if this way. I am willing to share Xmas with him but worried about his threats.

OP posts:
Problesolving · 23/08/2023 08:37

How old are the children?

Whoamianymore49075 · 23/08/2023 08:38

Sorry kids are 8 and 9.

OP posts:
user1492757084 · 23/08/2023 08:40

Seek legal advice and communicate as best you can through your legal representative.
The children will be old enough to decide for themselves at a certain age. How old are they?

CliffsofMohair · 23/08/2023 08:41

You need a good solicitor.

FourEyesGood · 23/08/2023 08:42

Echoing PPs’ comments: get legal advice.

Mylovelygreendress · 23/08/2023 08:42

Are the children with you ?

PaminaMozart · 23/08/2023 08:44

You need competent legal advice and full disclosure of all assets, including pensions.

Whoamianymore49075 · 23/08/2023 09:38

I am getting some legal advice soon I guess I just thought that it was obvious things like Xmas would be split.
This is awful anyway without worry that I won't be able to see them over special occasions.

OP posts:
BibbleandSqwauk · 23/08/2023 10:18

It's normal for Christmas to alternate rather than split the day, in terms of a court order but it depends on distance etc. It does sound like you'll need a court to compel your ex but you'll have to do mediation first so you may get some joy there. Please don't be scared of the court process..self repping is not uncommon now if you need to, though if you can afford continuous legal advice and support then do get it.

teachername · 23/08/2023 10:52

You need legal advice. It is what is in the children's best interests, not his (or yours), so just because he says it's non-negotiable doesn't make it so.

If he is using words like primary residence does that mean only you have moved out and children are there? Or is he stating it because that was their primary residence but they are now sharing time equally between the two of you?

Who was the primary carer before the split?

How would the children feel about 50/50 bearing in mind what your son said about being scared?

Whoamianymore49075 · 23/08/2023 11:17

They are sharing time between at the moment based on 50/50. They seem very settled when with me but I am getting phones calls late at night from my daughter in tears and messages from him saying he can't settle her.
Plan is to get a house for me and the kids when all the finances are sorted but that might be a while.
I thought I had been so reasonable with him but he keeps throwing out well it was your decision to leave.

OP posts:
Nicole1111 · 23/08/2023 11:45

If he has been emotionally abusive it’s likely that this behaviour will continue, and perhaps even increase, through the process of separation. It’s also likely he will be highly motivated to maintain control over you and the children. You need to seek legal advice (you should be entitled to legal aid as a victim of domestic abuse), contact a local domestic abuse charity to benefit from their expertise of how perpetrators continue to abuse even once separation has occurred, and keep records of everything and all his communication to aid you in your case. It’s especially important you keep records of how your children’s well-being is impacted so this can be considered in regard to any childcare arrangements

TossacointoHenryCavill · 23/08/2023 11:52

You need a really detailed child arrangement order. Things planned ahead down to the exact time and location handovers will happen.
I’d go for alternate Xmas. Handing over on the day will be stressful for you and the kids.

Mozzie1 · 23/08/2023 11:52

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines. Previously banned poster.

uncomfortablydumb53 · 23/08/2023 11:54

I see no point in discussing things with him as he's abusive to you
In particular, your DS is afraid of talking to him and DD has messaged you in tears
Contact arrangements are what's best for the DC, Not him
I suggest you stop discussing it with him until you have had legal advice( asap)
If necessary he will have to take you to court

Wibblywobblylikejelly · 23/08/2023 11:56

You need to get a CAO ASAP.
The reality is that as 50/50 has been astablished you will be extremely unlikely to get more now.

Farmageddon · 23/08/2023 11:59

I'm sorry but your reasonableness is being used against you. He shouldn't get to dictate the terms of your lives going forward - it would seem that he is just carrying on the emotional abuse from afar. Men like him always seem to think that they can bully everyone into submission.

Please get legal advice and start detaching from him, a good solicitor should be able to communicate on your behalf.

StopMindlesslyScrolling · 23/08/2023 12:03

Echo every one else saying it's time to get a solicitor to deal with him.

And every time you get the "it was your choice to leave" you can reply with "no, it was you who made it untenable to stay."

Don't let him place himself in the victim role. He's an abuser, you left because of his abuse, he is the cause of the break-up.

jeaux90 · 23/08/2023 12:03

OP look, this is the most important negotiation of your life. Financially and emotionally in terms of your wellbeing and that of your DC.

Please please get legal advice now.

Cherrysoup · 23/08/2023 12:09

Who’s on the mortgage? You need to see a solicitor. Who is primary career? Do you both work?

cinnamonfrenchtoast · 23/08/2023 12:14

You need legal advice. Stop talking to him about it and speak to a solicitor - not soon, you need to do it now. I can almost guarantee he is getting legal advice himself already.

TomatoSandwiches · 23/08/2023 12:16

Being reasonable with an unreasonable person never works, you need to seek legal advice from a professional now.

Isheabastard · 23/08/2023 12:25

It sounds like it’s early days if you haven’t see a solicitor yet.

My STBXH was similar with his demands, telling me what he would accept and what he wouldn’t accept. He had also been emotionally abusive.

Encourage him to get a solicitor if you can. My husbands demands were modified by presumably his solicitor explaining the law and what was reasonable.

Having you own solicitor is absolute necessary. Mine sees through his bullshit and de-escalates my panic everytime.

My STBXH is trying every trick in the book, and has just binned his second solicitor, and is going it alone again. He gets annoyed when I ask him to deal direct with my solicitor and not me.

Just a word of warning. Whatever behaviour has made you want to leave him, will ramp up in these early stages.

To you the divorce is about getting to live your life in peace, for him it shows the world he’s a failure and he will hate that.

Learn to grey rock and don’t reply to every angry things he says or write. Let him vent his rage into a void.

It will be hard to hear this, but who does Xmas this year is not what you should be spending your energy on at the moment. Sorry.

Oh, and try to keep all contact in writing (text and email), and write down any conversations you have, or things your children say, straight away.

GalaApples · 23/08/2023 12:31

You need good legal advice about custody, not only money. If he is abusive to the DC, surely he can be stopped from 50/50 custody? You will need to stand up to him legally, not just accept what he says - for your own sake and DC's sakes. I hope you get fullest custody OP - he does not sound like a good parent.

FailWhale · 28/09/2023 23:47

Please, please, please, contact Wikivorce and get some free advice from them. Also go and see some solicitors and use their free half hour offers to get advice AND find a team who make you feel like they have your back.

It will take you a long time to learn this because you are currently recovering from living with someone who abused you but reasonable people will never EVER be reasonable enough for an unreasonable person. Don't waste you energy on what works for him, he didn't waste his energy on doing that for you. Focus on the kids.

Also, the less energy you give to your ex, the more you can give to saving money getting a new job, pay rise, doing a qualification etc to get you to a point where you can have the kids in your own place and as they get older they WILL choose whether he likes it or not.

I'm so sorry they're sad right now and scared of him. That must be so upsetting for you. Please get therapy for you too, so you can unload the bag of rocks on your back from time to time and push on.

Good luck x

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