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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:
anunlikelyseahorse · 12/03/2024 22:22

Op I think you should take wejammin's advice and appeal.
I know everyone is saying bide your time, but actually it's not fair on your dd. At 9, she couldn't possible understand or foreseen this is what 'more time' with her dad would have looked liked.
It's not fair that a 9 year old suffers from social isolation, because she couldn't possibly have understood the ramifications of what wanting to see more of her dad would mean no weekends with you, no parties no seeing her friends no social activities. I cannot see how this ruling would be in any child's best interests.
I'm sure you are feeling exhausted and upset by the entire ordeal, but it sounds as if you have a good relationship with your solicitor, so if you can muster the energy, I think you should talk to her. Keep everything factual. Keep all emotions out of it, this is about fighting your ex, it's about making sure your daughter has a balance in her life. Flowers

anunlikelyseahorse · 12/03/2024 22:24

This isnt about fighting your ex

MadinMarch · 16/03/2024 09:23

What a terrible decision from the Court!
This is somewhat of an aside to the main issue of not having any weekends with DD, but I'd be putting an application in straight away asking for permission to take her on several holidays for at least two weeks at a time in the summer and Easter holidays, and up to nine days every half term. (In that application, I'd make it known that you're not happy with the recent decision, but that in the circumstances, you view holidays as a way of spending some quality time with DD).
I know holidays can be expensive, but I'd do everything I could to afford them for the foreseeable future until such time that you can take this back to court to establish a better balance of weekend contact.
If the court give their agreement to all the holiday time, I guess you'd need to be seen to be actually going away, but 'holidays' could also include visiting friends and family that don't live very close by. Or maybe even consider buying a caravan/ chalet/ narrowboat somewhere, though I realise this wouldn't be to everyone's taste or affordable.

Sweetheart7 · 16/03/2024 09:28

Woahh who spoke your DD? Shocked as she's only 9. I would offer more midweek contact and I would even push for a 50/50 rather than get NO weekends at all with my child. I can't believe you had a solicitor and your ex managed to bag this. Get a new solicitor.

Oblomov24 · 16/03/2024 10:29

I too agree that you need to play the long game. Note everything down on a notes on your phone.

Make sure she knows that friend A has a birthday party next weekend. Then text dad to ask him to take her. Which he won't. Then tell her she can't go because dad can't take her. The fact you have a text texting him is evidence.

Oblomov24 · 16/03/2024 10:30

No point appealing yet, because dd is getting what she wants, ie more time with dad.

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