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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:
Octavia64 · 11/03/2024 11:39

Hmm.

In your shoes I would be inclined to play the long game.

Book an exciting weekend away. Obviously you can't take DD because she has to see her dad.

Is there any possibility of rearranging work hours so that you can work shorter hours in the week and do paperwork/catch up on Saturdays? That would give you more time with her.

I agree with previous posters that once she starts to realise she can't go on camps and can't have a birthday party and can't go to other people's birthday party she'll be a lot less enthusiastic about seeing dad, but she does need to come to that realisation herself.

You can definitely help it along by having some exciting weekends planned, either going away or going to see family or what ever.

Picklestop · 11/03/2024 11:41

I also think you should hide your time rather than line more solicitors pockets. I think she will very quickly realise she is missing out and being dumped on grandparents. I give it six months.

BrieAndChilli · 11/03/2024 11:43

I would just keep a log of all the things that pop up such as birthday parties, weekends away, camps etc. Make sure that DD knows all about them and get her to ask her dad if she can do them, that way he is the one saying no and being the bad guy. She will soon get fed up of not being able to do all these things.
Then once she realises that seeing Dad every weekend is not worth it, you can then go back to court to appeal with all the evidence of the things she is missing out on and she will be more likely to tell the judge she wants to be with you some weekends.

kiwiane · 11/03/2024 11:45

I think she will decide she wants to spend time with you at weekends and by the time your appeal has come through she will speak up more. I’d keep using the same solicitor.
It is certainly worth appealing - this is so unfair - try to make the most of your time with her and catch up with housework etc at weekends for now.

IsthisthereallifeIsthisjustfantasy · 11/03/2024 11:46

This is terrible. You literally get the hard slog part of parenting and he gets all the nice bits. So unfair.

burnoutbabe · 11/03/2024 11:46

how would she have any relationship with family on your side in this arrangement? unless family is in same town, you can't visit them with her now?

Anameisaname · 11/03/2024 11:50

I know this seems awful and it's desperately unfair. But honestly I'd just stick with it for the time being.
The reason is that as kids get older they far more opinionated about these things and she'll start missing out on stuff and will speak up.
If you go back and appeal then your Ex will make you to be the bad guy with your DD "mummy doesn't want me to have this time with you etc etc". It's just not going to end well.
I know you feel devastated and frustrated but try to reframe slightly. You get weekends to recover and some time to yourself. You can try to batch cook for the week so you maximise time with your DD in the week.

I promise you they find their voice and she'll want to do those parties and other things and then you can go back and change the arrangement.

But omg the court is.bonkers !

MiltonNorthern · 11/03/2024 11:51

I don't see any point in appealing now to be honest. Nothing is different since the order was made and they have based their decision on DD's wishes. It's really sad for you but that doesn't mean it will be like this forever. She may decide she doesn't want this in future and she'll be old enough to vote with her feet in a couple of years.

Mrsttcno1 · 11/03/2024 11:54

MiltonNorthern · 11/03/2024 11:51

I don't see any point in appealing now to be honest. Nothing is different since the order was made and they have based their decision on DD's wishes. It's really sad for you but that doesn't mean it will be like this forever. She may decide she doesn't want this in future and she'll be old enough to vote with her feet in a couple of years.

Agree with this. Not worth appealing in my opinion, there’s no change to the facts of the case and the reality is your daughter has said she wanted to see him more.

Time will tell, kids aren’t stupid and she will quickly realise if she is not able to have parties, attend parties/clubs, go away with you etc and you can have another conversation at that point

HelloItsMeAgainHello · 11/03/2024 11:55

I adore my child but I wouldn't be dealing with all the shit to give someone else the good times. I would say if he wanted her full time weekend. He could just have her full time and you have her overnight once or twice a week. Which is basically all your getting anyway x

Maray1967 · 11/03/2024 12:10

Picklestop · 11/03/2024 11:41

I also think you should hide your time rather than line more solicitors pockets. I think she will very quickly realise she is missing out and being dumped on grandparents. I give it six months.

Yes, I agree. She needs to experience it and realise what she’s missing. I’d let it go for now - enjoy the time off as it probably won’t be long before she refuses to go. The first time she misses someone’s party because he won’t take her she’ll realise what she’s giving up.

Pallisers · 11/03/2024 13:04

That is a terribly unfair arrangement and I would appeal if I had the money. THis is not in the best interests of your child.

But I think if you let this play out it will die a death by itself and she will be asking to stay with you at the weekend. I would make sure that your daughter understood that all weekend activities were now on her dad. So when she is invited to a weekend party or brownies camp or going to the zoo with her friend on a saturday tell her "I would be happy for you to go/bring you if you were here but that is dad's time with you so ask him". Make him refuse every time. At the beginning she will swallow the line "I want to spend the time with you" but eventually she will get tired of sitting in his or granny's while her friends are going to parties etc.

I would also plan stuff at the weekend - do nice things yourself.

What are his parents like? Is there anyway his mother would see how unfair this is on you and talk to him? I can't imagine having my grandchild over to me every weekend so her dad can "get a break" knowing her mother would love to be with her.

Also, I bet that he won't turn up every second saturday at 9 am - too early for him.

When it comes to holidays, you can tell him you want to book a holiday from Saturday to Saturday so can you adjust. if is is dick enough to refuse, then surely you can apply to court for an order allowing this.

Also, Christmas falls mid week this year so he won't be seeing her for any part of it - right? Those are your days.

GameofCrohns · 11/03/2024 13:08

My heart breaks for you OP, this is a terrible judgement and I really hope you can get it reversed. I’m disgusted you have to do all the drudge of parenting and he gets all the time to enjoy proper time together.

Codlingmoths · 11/03/2024 13:14

BrieAndChilli · 11/03/2024 11:43

I would just keep a log of all the things that pop up such as birthday parties, weekends away, camps etc. Make sure that DD knows all about them and get her to ask her dad if she can do them, that way he is the one saying no and being the bad guy. She will soon get fed up of not being able to do all these things.
Then once she realises that seeing Dad every weekend is not worth it, you can then go back to court to appeal with all the evidence of the things she is missing out on and she will be more likely to tell the judge she wants to be with you some weekends.

This is clever, and good point that you will have quite a list by the time it comes around. I’d put Mother’s Day on it even if it hasn’t happened, are there any conversations you can note down about these? Birthday parties you can easily put down even if she hasn’t had a birthday in the time since he doesn’t organise and won’t have on his weekend.
what a shithead, I’m sorry. 😑the judgment is pretty shit too, not specifying special days even. You can talk to your daughter and say she is allowed to tell court that she wanted weekday time, not to miss out on all this.
note every grandparent time you know of.

tallwivglasses · 11/03/2024 13:18

I would also make a note of all the times he's been late/cancelled in the past, and going forward.

BreatheAndFocus · 11/03/2024 13:18

Such an unfair judgement, OP! I don’t think you should appeal - or at least, not straightaway. Let some time go by, let your DD see what’s she’s missing out on, record these events and her reaction, and then consider appealing because a) it’s not fair to her and damages her relationship with you; and b) it’s not fair to her and is upsetting her because she’s missing events with you, your family, her friends, etc.

Don’t necessarily rely on her seeing for herself what a her father is. They really don’t see t. My ex does the same - dumps DC on his parents while he sits in another room playing computer games - however, he’s told DC he’s ‘doing work’ and they take that as a fact. Play your hand carefully. Never badmouth him. Always think how your words will be reported to him. Don’t directly blame him for her missing out on birthday parties and the like - let it play out and subtly let her draw her on conclusion. Even better, get her to ask her dad to take her and have him refuse to her face. She’ll get fed up soon. But do record all these things as evidence that the arrangement isn’t in her best interests.

Tarantella6 · 11/03/2024 13:22

Unfortunately I think this has to come from your DD too, and she is going to have to suffer for a short time.

As a pp says, every party invite, every sleepover, tell her to ask him and make sure you send him the details. He will eventually realise that he's just signed up to either run her around all weekend or consistently be the bad guy every week.

Willyoujustbequiet · 11/03/2024 13:23

Not surprised in the slightest as the family court is biased against women.

Change your solicitor. If you can afford it go for a barrister with teeth. Charlotte Proudman is highly recommended in dv cases.

Leopardmatches · 11/03/2024 13:24

My children do their homework at the weekend as they’re too tired to do it after school…

FacingDivorceButSad · 11/03/2024 13:29

I would 100% look at appealing. That is outrageous a judge has ordered that! They haven't thought through when she gets to see you

Deathbyfluffy · 11/03/2024 13:30

Octavia64 · 11/03/2024 11:39

Hmm.

In your shoes I would be inclined to play the long game.

Book an exciting weekend away. Obviously you can't take DD because she has to see her dad.

Is there any possibility of rearranging work hours so that you can work shorter hours in the week and do paperwork/catch up on Saturdays? That would give you more time with her.

I agree with previous posters that once she starts to realise she can't go on camps and can't have a birthday party and can't go to other people's birthday party she'll be a lot less enthusiastic about seeing dad, but she does need to come to that realisation herself.

You can definitely help it along by having some exciting weekends planned, either going away or going to see family or what ever.

I'm not sure manipulating the daughter so she feels she's missing out on 'exciting things' is the way to deal with this - that's edging into crazy territory.

OP, I'd appeal personally - but I would also consider letting her try the new arrangement and seeing what she thinks of it in practice.
It's important to remember it's mainly about the child, not the parents.

Good luck, and hopefully a plan emerges that works for everyone.

BoohooWoohoo · 11/03/2024 13:31

I think that you need to wait until dd realizes that the new routine means no birthday party etc so is able to tell the CAFCASS person that she wants EOW. Once she’s a teen and misses out on her social life, she will almost certainly not want to go to dad’s every weekend.

I think that they’ve made a shocking decision. When does she get to spend time with your side of the family eg your parents ?

When is dd’s birthday ? That could trigger dd into saying EOW.

wejammin · 11/03/2024 13:31

Hi, family solicitor here. Prospects for appeal depend on a number of factors including -
Was the order determined after hearing evidence including from CAFCASS?
What was the judge's reasoning behind every weekend? If it was just on DD's say so that's not good analysis.
How long ago was the order?
Without knowing that, then it's hard to say whether an appeal is possible or wise.
Either way it's a shit decision and quite a surprising one. If the CAFCASS officer was properly cross-examined on that plan I'm surprised they didn't at least suggest 3 weekends in 4. Do you get all the holidays at least?

Delphiniumandlupins · 11/03/2024 13:31

I'm not suggesting you use your DD as a pawn but I think she will realise pretty quickly that every weekend with her dad is not as much fun as she hoped. Don't hide party invitations etc from her - can you build up a relationship with the grandparents and maybe they will assist in ensuring she's not missing out because her dad is hopeless? Perhaps she could drop swimming through the week and dad take her at the weekend? I also agree with you keeping yourself busy at the weekends (and letting your ex know!)

Hopefully your solicitor can advise if appealing stands any chance of success. A few months might change your DD's wishes and you might have evidence of how much time she's actually been with him and how much with his parents.

Scaffoldingisugly · 11/03/2024 13:34

At 12 and 14 my ds's went nc with exh after the majority of time with df over recent years.. He was a typical Disney Dickhead.. Ds's declared they needed an actual parent
.