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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

He’s cancelled our Christmas - what can I do?

238 replies

Birdofpain · 22/12/2024 02:00

There is a child arrangement order with my abusive ex who is ‘resident’ parent. I have initiated court but for a without notice so he won’t know as he’d stop contact. It’s a whopper of a backstory but not relevant now. The order was that he’d make my son available for ‘reasonable time’ with me. Of course that’s literally as little as possible. My son is really suffering as he wants to be with me. Come home or at least spend more than 5 hours a week with me. I’ve tried everything, mediation galore, you name it. He won’t engage. Behind the scenes I’m organising medical evidence proving he made me physically unwell via the DV. That will take a bit more time. So I fed back to my sons safeguarding lead some concerns I had and they raised it as a safeguarding flag (I don’t know what this means?) and he has hit the roof via the parent app. He has told me that from now on I won’t see my son. I have to find and pay for a mediator but he has to approve and have final say. He’s cancelled our planned Christmas together whereby I was going to have my very first overnight in two years, something my son is desperate for. He’s only five. Last year I wasn’t allowed to wish him merry Christmas. Or happy birthday. I can’t go to the school for events. I had to do a SARS for his medical records. I am with family abroad this Christmas Day and a zoom was organised for my parents and my son and me obviously, our Xmas was being celebrated when I returned. He’s told my son I have a ‘bug’ and I’m banned from joining in the zoom call on Christmas Day. My second Christmas without any contact. I haven’t a clue how long the court will take, it’s been about five weeks since I applied marking if urgent. The little time we have together we always have an amazing time, we are like peas in a pod, he never wants to leave me and he’s told every professional going what he wants - me. But ex won’t move at all. Up until recently he had me supervised for one hour a week for well over a year. The social worked just said they can’t make him do anything and my only option is court. They can say I’m no risk and it’s best for my son but if he won’t listen they can’t get involved. This is going to devastate my son. He’s finally gotten into our new routine of our 5 hours a week being at his home with me and now it’s been completely stopped meaning tomorrow and Xmas ever I now won’t see him. Our 2nd January ‘mini Xmas’ and ‘sleepover’ is cancelled. I don’t know when I’ll see him again. I just want to scoop him up and keep him for the knowledge of the impending catastrophic emotional damage that he’s going to be experiencing in the coming day, on top of an already deeply traumatised 18 months. He is looking for any reason to block contact. If I don’t feed my son at the exact time ex insists I do. So many micro rules. If I don’t reply to a non urgent message fast enough he will bombard the app with 24 messages I had over only 2 days last week! I was in a total state of trauma looping and anxiety I couldn’t even open them and had a friend do it. He said no contact until I had read and responded and if he felt it was an acceptable response contact could go ahead but he demands that I check the app twice a day every day or contact will stop. My experience in court was unlike anything I could even comprehend and in that way I feel conditioned to believe that he is right and anything he says is believed without me even being asked. I’m scare that this will happen again, his criminal record ignored, his positive drug test ignored, his everything ignored and things that he says with no evidence that aren’t true that I have evidence to prove it’s untrue aren’t even seeing the light of day. I clam up under pressure, he is perfectly calm and very very authoritative whereas I cry and then look crazy. I’m asking for some outside non conditioned brains and opines on what I should do, would I be unreasonable to make a further urgent emergency app to court on Monday to stop this awful man severing my son and I for god knows how long?

OP posts:
NeedToChangeName · 22/12/2024 08:44

What reason did guardian ad litem give for not meeting you? I find that a bit surprising

MrTiddlesTheCat · 22/12/2024 08:49

I hope you're getting proper legal advice and support OP. This sounds very bad.

Sweetmelanin · 22/12/2024 08:54

Birdofpain · 22/12/2024 03:10

Thank you. That is what happened more or less. A substantial amount of groundwork has been laid behind my back by my ex which was only disclosed in court. So compelling was he that the guardian ad litum didn’t see the point in hearing my side nor observing nor assessing me so I was never going to be heard.

OP, I realise that the family court is imperfect. But as someone who has worked in the system for many years, I simply don’t believe that it was as simple as the guardian not bothering to hear from you because they’d already made their mind up. I’m not saying that the father is right to do this, by the way. It may well be that he’s been abusive. But that still does not equate to the concerns held about you by the court not being valid either.

Teamlux · 22/12/2024 08:58

I don’t think he can cancel if there is a court order in place? Why did ss give him custody would be my main question. But sometimes they get it wrong. Keep all evidence. I would calmly point out to him the court order and how this will look. It’s about your child not you/him. Contact the social worker I don’t think solicitors will act this side of Christmas.

Octoberdreaming · 22/12/2024 09:03

This all sounds like an awful lot of drama for a five year old child to be at the centre of, your poor son. What is the backstory?

Workingclasslass · 22/12/2024 09:05

MartinCrieffsLemon · 22/12/2024 02:59

I'd quite like to know the backstory which allowed an abusive man to have main custody

I thought the mother was usually more favoured for that

Which would make me think substance abuse may be a part of the backstory?

You're also in another country but want contact, a man would be slaughtered on here for daring to leave his child like that

Well, look at that poor girl that just got murdered to that man he had custody of her yet he was abusive of his ex Polish girlfriend and she lost custody didn’t she?

Carezzamia · 22/12/2024 09:05

Family courts in the UK aren't fit for purpose and seem to have become independent, uncaring, secretive, unscrutiniseable mafia. Shame on them and shame on the government for making so many parents suffer like this.

Workingclasslass · 22/12/2024 09:06

Sweetmelanin · 22/12/2024 08:54

OP, I realise that the family court is imperfect. But as someone who has worked in the system for many years, I simply don’t believe that it was as simple as the guardian not bothering to hear from you because they’d already made their mind up. I’m not saying that the father is right to do this, by the way. It may well be that he’s been abusive. But that still does not equate to the concerns held about you by the court not being valid either.

Well please tell me why the Polish mother of that Sarah that got killed by her dad wasn’t allowed custody of that child and she stayed with a very abusive man until she got killed so sorry I do not believe that the family courts get everything right

JollyHollyMe · 22/12/2024 09:08

I don’t understand why the penis is relevant unless
you are biologically male?

Workingclasslass · 22/12/2024 09:09

Eyresandgraces · 22/12/2024 03:17

Sara Sharif’s father was given custody of his dc. The authorities don’t always get it right.

Just pointed that out to

Workingclasslass · 22/12/2024 09:10

JollyHollyMe · 22/12/2024 09:08

I don’t understand why the penis is relevant unless
you are biologically male?

why r u bringing up the trans problem with this? It’s got nothing to do with that. You guys are absolutely fucking obsessed.

JollyHollyMe · 22/12/2024 09:12

Workingclasslass · 22/12/2024 09:10

why r u bringing up the trans problem with this? It’s got nothing to do with that. You guys are absolutely fucking obsessed.

The op has a long post as part of this thread about allegations as to wether or not they have a penis
i didn’t bring it up - the op did

DeepRoseFish · 22/12/2024 09:12

I’m so sorry OP. Your ex is absolutely vile for doing this to your son. I really hope you get the support you need to remain calm and get a good result in court.

Abusive men have to be in control and he’s using his son to achieve this aim. Get as much evidence as you can that he is stopping access. Good luck.

Frangywangywoowah · 22/12/2024 09:12

NeedToChangeName · 22/12/2024 08:44

What reason did guardian ad litem give for not meeting you? I find that a bit surprising

I agree...this is very strange to me. CAFCASS normally only allocate Guardians when it is public law, to represent the child, otherwise it is family court advisors who do brunt of private law.
Also CAFCASS will always speak to both parents and write a report..be it child impact analysis, s7 or another court ordered report eg s37.

DeepRoseFish · 22/12/2024 09:16

The family courts are a disgrace and have been doing untold damage to children for years.

You will need all the help you can get in court.

bevelino · 22/12/2024 09:18

Summerhillsquare · 22/12/2024 03:28

OP you need specialist legal advice, you're unlikely to get it here. Have you tried Rights of Women?

This

OP, you need to be properly represented in Court by a lawyer, who specialises in complex family disputes. Do this for yourself and your son.

NotOneOfTheInCrowd · 22/12/2024 09:18

Workingclasslass · 22/12/2024 09:10

why r u bringing up the trans problem with this? It’s got nothing to do with that. You guys are absolutely fucking obsessed.

The OP made reference to having/not having a penis.

IHaveNeverLivedintheCastle · 22/12/2024 09:19

Princessconsuelabananahammock9 · 22/12/2024 05:21

Maybe I'm reading this wrong, but are you saying the courts accused you of having a penis?

That's how I read it - but it doesn't make much sense.

IHaveNeverLivedintheCastle · 22/12/2024 09:22

Workingclasslass · 22/12/2024 09:10

why r u bringing up the trans problem with this? It’s got nothing to do with that. You guys are absolutely fucking obsessed.

Try reading the OP"s posts before criticising posters. The OP has. posted about " mummy being questioned about having a penis".

Santaclawws · 22/12/2024 09:22

Workingclasslass · 22/12/2024 09:10

why r u bringing up the trans problem with this? It’s got nothing to do with that. You guys are absolutely fucking obsessed.

The OP brought it up (bizarrely):

Why things like ‘this mum has a penis’ and I’m saying no I don’t? I can provide doctors letters saying I don’t have a penis. I can SHOW you that I don’t have a penis. But then it will be ‘she cannot accept that she has a penis.

TammyJones · 22/12/2024 09:24

@Katypp

Good luck with that.
10 years through family courts, three CAFCAS reports concluding his ex was 'deliberately alienating' the children from their father and hours of mediation booked, none of which the ex attended, and £20,000 spent before my DH eventually gave up. He was called 'a Prince among men' on here for that by the way.
He walked away because his ex would stop at nothing and it was affecting the boys too much.
And I am sorry to say that this new edict that 'domestic abuse' must be a priority over parental alienation in family courts is a gift to people like my dh's ex, who will basically make things up.

##########
Feel for your dh
Little comfort I know , but let your dh know my husband was 'one of those sons / in the same position.
His dad would have doors slammed in his face after a torrent of abuse/ all in front of little kids.
In the end he gave up....fast forward 20 years - one child nc with mum.
My dh lc
Then we found Dad living several hours away.
Dh had a great relationship with him for many years after that.
I'm sorry you're going through this.

JollyHollyMe · 22/12/2024 09:25

Are you on the birth certificate as a parent (or reissued post adoption certificate)

Sweetmelanin · 22/12/2024 09:29

Workingclasslass · 22/12/2024 09:06

Well please tell me why the Polish mother of that Sarah that got killed by her dad wasn’t allowed custody of that child and she stayed with a very abusive man until she got killed so sorry I do not believe that the family courts get everything right

Where did I say that the courts always get everything right? Your point is irrelevant within the context of what I’ve said. Speaking with all parties involved is a basic part of the role as a guardian. The fact that there are fundamental gaps in your story makes me think that there’s a gap in this claim too.

Allergictoironing · 22/12/2024 09:30

I think the "penis" reference was more an example of the level of ridiculousness of the accusations against the OP. It's a physical thing that can easily be proved/disproved, yet the ex's word was taken and the evidence that he was lying was ignored. I suppose another easy to prove/disprove thing would be that she could have been accused of something like self harming by cutting, when there were no signs on the body that she was or had ever been cutting.

Unfortunately any mental processes or illnesses aren't quite as black & white to prove or disprove, but in those cases reports from a medical professional should be taken rather than the opinions of a party interested in things being one way, which doesn't seem to have happened in this case. Medical professional says person is genuinely ill, interested party says it's all hypochondria, who should you believe?

Sweetmelanin · 22/12/2024 09:32

Santaclawws · 22/12/2024 09:22

The OP brought it up (bizarrely):

Why things like ‘this mum has a penis’ and I’m saying no I don’t? I can provide doctors letters saying I don’t have a penis. I can SHOW you that I don’t have a penis. But then it will be ‘she cannot accept that she has a penis.

I took this to be a means of OP illustrating a point rather than it being a literal issue.