Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Court have sided with ExH for Every Weekend Contact, can I appeal? Or AIBU?

181 replies

HardDoneByContactWise · 11/03/2024 09:29

Background:

Split with ExH due to his violence towards both me and DD when DD was 2.5 in 2017 - this was reported to the police multiple times. We went through court back then and ExH was awarded 1 overnight midweek and EOWend for 2 nights (so 4 nights in 14). Plus Boxing Day to 28th and 3 extra days during the summer (worked out at 30-32 overnights a year).

After covid ExH never picked up the weeknight overnight, so saw DD for 2 days in 14.

Since then DD has begged to see ExH more. I’ve offered the weeknight back, offered to change it to another night – although she does activities some nights that she wouldn’t give up but we could work round them, offered to have DD for childcare purposes until he finishes work then drop her off with him at home/work (he lives a 2-minute walk from his workplace) but always got told no thanks, but he would have every weekend.

I was reluctant to do every weekend, I feel like I hardly see DD in the week during term time due to work meaning she’s in childcare until 5pm some nights, other nights her having activities she wanted to be in. Literally I would see her most nights for 30-60 mins apart from the night ExH was supposed to have her which I kept free and EO Friday.

ExH kept asking for every weekend and threatened to take me back to court if I didn’t give in. I told him to go ahead, not expecting them to give him every weekend given I’d offered plenty of alternatives.

But I was wrong. They spoke to DD whose now 9 very nearly 10 and she said she wanted to see her dad more.

I offered everything again for the weeknight but ExH held the line and said every weekend. We both had solicitors and my solicitor was telling me his solicitor was advising him not to push for every weekend as it’s unfair. In the end I offered 1 night every weekend, Friday – Saturday 1 week, Saturday to Sunday the next but changing contact if there was special days such as Mothers Day or her birthday.

ExH said he wanted his 4 nights in 14 and would just not return her until Sunday on the week he has Friday night.

So, he was given every weekend because he bullied his way to it – Friday to Sunday 1 week, Saturday to Sunday the next so I never get a weekend with her and he’s got almost what he wants with 3 nights in 14. He gave no explanation as to why he won’t have her in the week, despite my solicitor questioning it- but basically, he doesn’t want to actually parent her I don’t think, he didn’t want to take her to school as it meant no lie in, no pushing her on his parents (who have her on his weekends so he gets a “break”).

I am gutted, I have plans for weekends coming up, she’ll never have another birthday party because her dad won’t let me arrange it for his weekends, she’ll never be able to go to another birthday party of a friend as her dad won’t take her, she’ll never see me on her birthday if it falls on a weekend, she’ll never see me on Mother’s Day as we already had issues if they fell on his weekends with him “forgetting” when they were (and then posting photos on Social Media of her with his mum and grandmother for Mothers Day). She won’t be able to do camps with Brownies as he won’t let her on his weekends, she won’t be able to ever go on holiday with me again as I usually book Saturday to Friday or Friday to Thursday so we get 5/6 nights and can’t do longer due to contact.

I want to appeal, but I don’t know if I can, or even if it’ll make a difference. I just feel so angry. I do all the school runs, I do all the medical appointments (and there’s a few due to a medical issue DD has), I do all the haircuts, all parents evenings, all school concerts, all sports days because he can’t organise himself and yet he gets all the fun.

I have never in almost 7 years cancelled contact unless she’s been properly throwing up unwell – slight cold, sore throat, poor nights sleep she goes. ExH has cancelled multiple times because “my mums not feeling up to seeing her” “My parents are on holiday” etc.

I think this is just a rant, not sure if I will appeal or if I even can. But I feel hard done by.

OP posts:
Nephthys21 · 11/03/2024 09:32

Definitely talk to your solicitor and find out the route for appealing. It's totally unfair for you not to have time with her at the weekend - which is why it's EOW for most families in your situation.

Wishitsnows · 11/03/2024 09:38

That is a terrible judgement. How on earth could the court think it’s reasonable that you do all the school runs, homework, parenting and never get to see your child on a weekend. I don’t know the system but I hope you can appeal. Disgusting how when a man requests something he just gets it regardless of his violent past. Of course your child may want to see him more because it’s just the Disney weekend.

TheSnowyOwl · 11/03/2024 09:41

You say your DD wants to see more of her dad though. Is she happy with this arrangement?

She is almost 10 so saying you will never see her at a weekend again for birthdays or significant days isn’t true. She will be old enough to make her own decisions very soon.

HardDoneByContactWise · 11/03/2024 09:42

TheSnowyOwl · 11/03/2024 09:41

You say your DD wants to see more of her dad though. Is she happy with this arrangement?

She is almost 10 so saying you will never see her at a weekend again for birthdays or significant days isn’t true. She will be old enough to make her own decisions very soon.

@TheSnowyOwl She's happy with every weekend if it means she gets to see her dad more, given pre-covid she was seeing him once a week and then only once a fortnight (albeit for 2 nights to her it was once a fortnight) I do get her point about being happy about it but I think she'd have been equally happy if I had come out of court and said "You'll be going to dads every Tuesday overnight and still see him some weekends"

OP posts:
Scaffoldingisugly · 11/03/2024 09:43

You need to appeal. Compose the detailed schedule you currently work for dd's benefit..
Make one for exh time. Ask a court to assess how this gives dd a fair relationship with each parent..
What an utter cunt. I feel for you op. I had to fight for 4 years for a half decent schedule and still had to miss so much. Yesterday was amazing.. Exh is dead and I saw the dc(adults now) all day...

LadyDanburysHat · 11/03/2024 09:44

I would definitely appeal, and say that surely your DD can't at 9 years old understand the effect of every weekend with Dad, and what that means for seeing you.

BiIIiee · 11/03/2024 09:46

It's a shite judgement, if they won't overturn it just try and work around it. He is obviously using her as a weapon if he wouldn't let her have 7 nights away with her Mum, or won't take her to birthday parties of her friends. She will quickly realise that she doesn't want to see more of him after all and maybe down the line you could appeal.

DistinguishedSocialCommentator · 11/03/2024 09:49

OP

With respect. Would you have agreed with the courts if it was I your favour but not if the decision went against you.?

Perosnally, rather than wind up the other person, I'd be grateful and work around the decision via mutual consent as time is a good healer

Your choice, seek advice from a family lawyer

Good luck

HardDoneByContactWise · 11/03/2024 09:51

DistinguishedSocialCommentator · 11/03/2024 09:49

OP

With respect. Would you have agreed with the courts if it was I your favour but not if the decision went against you.?

Perosnally, rather than wind up the other person, I'd be grateful and work around the decision via mutual consent as time is a good healer

Your choice, seek advice from a family lawyer

Good luck

Edited

@DistinguishedSocialCommentator I have in my post I was happy for 4 days in 14, heck I'd have been happy for 50/50 as long as DD got to do her activities and I got to see her some weekends so she could have some fun times with me.

Of course I'm upset that it's gone this way, as I wasn't expecting it, even my solicitor said they wouldn't give him every weekend.

OP posts:
DistinguishedSocialCommentator · 11/03/2024 09:53

HardDoneByContactWise · 11/03/2024 09:51

@DistinguishedSocialCommentator I have in my post I was happy for 4 days in 14, heck I'd have been happy for 50/50 as long as DD got to do her activities and I got to see her some weekends so she could have some fun times with me.

Of course I'm upset that it's gone this way, as I wasn't expecting it, even my solicitor said they wouldn't give him every weekend.

Yes, but dont forget the decison
As per my initial post - you have to work around the decision and the other person. The other person does not have to work around you. Personally, I'd be flexible and often time is a good healer and as kids get older they say where they want to be

Consult a lawyer and good luck

DistinguishedSocialCommentator · 11/03/2024 09:54

BTw - re solicitors, have you considered changing yours?

HardDoneByContactWise · 11/03/2024 11:15

DistinguishedSocialCommentator · 11/03/2024 09:54

BTw - re solicitors, have you considered changing yours?

@DistinguishedSocialCommentator But ExH won't be flexible, he won't even let me have her Mothers Day if it falls on his weekend, he won't allow her to miss contact for a holiday and if he thinks she will then tells her she will hate going so she doesn't want to go so I gave up planning it over his weekend years ago which means no more holidays. He won't allow her to have a birthday party to celebrate her birthday on his weekend, so no more birthday parties. He won't take her to parties of her friends, so no more social life. He won't even let her go to Brownies Camps over weekends if they're his.

And he won't talk to me about it, whenever I raise it he tells me "It's my only time to see (DD) so I will spend it all with her" then I find out she's been with his parents or grandparents all weekend and he's been "in and out".

So I am losing out my weekends when I am available so his parents can babysit and give him a "break" from her. And I use the term loosely.

My solicitor is fantastic, one of the best, and she's done so much for me on a payment plan which I doubt I'd get anywhere else, as most solicitors wanted so much money up front and then any extras after they'd done the work.

OP posts:
EdgarsTale · 11/03/2024 11:20

The child’s view holds a lot of weight though, so if your DD wanted this, they will have listened.

OhmygodDont · 11/03/2024 11:20

If his never ever going to let her do anything but basically sit with him as his puppet every weekend honestly I’d just sit and wait.

She will soon miss having her social outings with her friends, going to peoples parties, having her own party, missing any family stuff that’s on a weekend with your side. No brownies or any clubs on a weekend.

So yeah I’d just sit back and wait. I also wouldn’t mope around the house of the weekend because it will likely get fed back to dad. If dad thinks you might actually be getting a life due to him having his child he sounds like the kinda guy who would hate that and soon want her less again as much as her deciding dads every weekend is shit.

HardDoneByContactWise · 11/03/2024 11:22

EdgarsTale · 11/03/2024 11:20

The child’s view holds a lot of weight though, so if your DD wanted this, they will have listened.

@EdgarsTale She said she wanted to see him more like she did before the schools closed, not that she wanted to see him Every Weekend. I think she'd have been happy with 1 overnight in the week and EOWend as it was before.

OP posts:
DontBuyANewMumCashmere · 11/03/2024 11:23

What time does the weekend start where he has her from Saturday to Sunday? Because you'll have Friday evenings and Saturday mornings EOW, depending on when the handover time is, you'd be able to arrange parties or trips for you and DD on Saturday morning.
Also you would be able to book week long trips from Sunday night to the following Saturday am, so it's not as though you'll never be able to have a week holiday, or that you'll never have a weekend with her.

It sounds as though this is what DD wanted, and hopefully when she realises he's a twat she'll want to spend more time with you at the weekends again.

I hope you can keep that weeknight free and make a special thing every week that you do with her?

Hecatoncheires · 11/03/2024 11:24

OhmygodDont · 11/03/2024 11:20

If his never ever going to let her do anything but basically sit with him as his puppet every weekend honestly I’d just sit and wait.

She will soon miss having her social outings with her friends, going to peoples parties, having her own party, missing any family stuff that’s on a weekend with your side. No brownies or any clubs on a weekend.

So yeah I’d just sit back and wait. I also wouldn’t mope around the house of the weekend because it will likely get fed back to dad. If dad thinks you might actually be getting a life due to him having his child he sounds like the kinda guy who would hate that and soon want her less again as much as her deciding dads every weekend is shit.

Edited

I agree with this. He sounds like his aim in insisting on every weekend is to hurt you, rather than wanting to see his DD. Bide your time. It stings, no doubt, but your DD will realise that she is better off with you when the reality of what she's missing out on due to being with your Ex hits home. All the best to you, OP.

CharmedCult · 11/03/2024 11:25

Your DD will soon start piping up when she’s missing out on friends sleepovers, birthday parties, brownie camps, etc.

I’ll give it less than 2 months before she realises.

Hankunamatata · 11/03/2024 11:26

Talk solicitor about 50:50 and do alternative weeks?

Tandora · 11/03/2024 11:28

DistinguishedSocialCommentator · 11/03/2024 09:49

OP

With respect. Would you have agreed with the courts if it was I your favour but not if the decision went against you.?

Perosnally, rather than wind up the other person, I'd be grateful and work around the decision via mutual consent as time is a good healer

Your choice, seek advice from a family lawyer

Good luck

Edited

Grateful!? Wtaf is wrong with you.

MissAmbrosia · 11/03/2024 11:29

She is old enough to realise what this will mean soon enough. I would be making some exciting weekend plans and biding my time.

HardDoneByContactWise · 11/03/2024 11:30

DontBuyANewMumCashmere · 11/03/2024 11:23

What time does the weekend start where he has her from Saturday to Sunday? Because you'll have Friday evenings and Saturday mornings EOW, depending on when the handover time is, you'd be able to arrange parties or trips for you and DD on Saturday morning.
Also you would be able to book week long trips from Sunday night to the following Saturday am, so it's not as though you'll never be able to have a week holiday, or that you'll never have a weekend with her.

It sounds as though this is what DD wanted, and hopefully when she realises he's a twat she'll want to spend more time with you at the weekends again.

I hope you can keep that weeknight free and make a special thing every week that you do with her?

Week 1 - Friday end of school (3.45pm) to Sunday 6.30pm
Week 2 - Saturday 9am until Sunday 6.30pm

I never get a Saturday with her, and only EO Friday until bedtime and an hour or so in the morning on Saturday. Due to her medical issue and early mornings she's in bed no later than 7.30pm so I get 60 minutes every Sunday with her if he's not late which he often is.

Weekdays she's up at 6am, in breakfast club every day for 7.15am so 45 mins every morning, 2 nights a week she's in After School Club until 5pm, by the time we're home, and have done homework it's bath and bed so not really quality time. 1 night she finishes at 3.45pm, but is back out the house at 5pm for Brownies which runs 5.30-7pm, usually we're home by 7.15 and it's straight to bed. Another night she's in ASC until 4.30pm, goes straight to the leisure centre for swimming at 5pm until 5.30pm, so not really quality time. Then theres 1 night free which was originally ExHs night pre-covid and EO Friday.

I could stop swimming but she missed out on going due to covid as school take them in the summer term of Year 1 (which was during First Lockdown for her) so she won't get the chance again.

OP posts:
Cheeesus · 11/03/2024 11:31

Yes, what time is handover on the weekends when it’s on a Saturday?

Howabsolutelyfanfuckingtastic · 11/03/2024 11:35

I wouldn't be a bit happy with this, every other weekend so you both get 2 weekends a month with her is fair. These arrangements; as you've said, give you no weekend time with your DD ever. That's madness! I wouldn't do it, let him take you back to court and explain to the court that you won't be going along with never seeing your own DD of a weekend. This is so unreasonable.

HardDoneByContactWise · 11/03/2024 11:39

HardDoneByContactWise · 11/03/2024 11:30

Week 1 - Friday end of school (3.45pm) to Sunday 6.30pm
Week 2 - Saturday 9am until Sunday 6.30pm

I never get a Saturday with her, and only EO Friday until bedtime and an hour or so in the morning on Saturday. Due to her medical issue and early mornings she's in bed no later than 7.30pm so I get 60 minutes every Sunday with her if he's not late which he often is.

Weekdays she's up at 6am, in breakfast club every day for 7.15am so 45 mins every morning, 2 nights a week she's in After School Club until 5pm, by the time we're home, and have done homework it's bath and bed so not really quality time. 1 night she finishes at 3.45pm, but is back out the house at 5pm for Brownies which runs 5.30-7pm, usually we're home by 7.15 and it's straight to bed. Another night she's in ASC until 4.30pm, goes straight to the leisure centre for swimming at 5pm until 5.30pm, so not really quality time. Then theres 1 night free which was originally ExHs night pre-covid and EO Friday.

I could stop swimming but she missed out on going due to covid as school take them in the summer term of Year 1 (which was during First Lockdown for her) so she won't get the chance again.

Just realised this is 4 nights in ASC, she;s in 3 nights, 1 night she finishes and goes straight to swimming. 1 of those nights should be ExHs night, but I have always said if he wants to have her he can pick her up and sometimes I finish work in time to pick her up at normal time but still pay for ASC.

OP posts: