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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Help me help my brother. Likely outcome regarding access to son.

3 replies

HelpMyBro · 14/05/2012 22:21

My brother is thinking of leaving his wife. maybe a separation or maybe a divorce, he is still trying to make it work (she has some mental health issues) but is finding it increasingly difficult. She has also made noises about wanting to get out of the relationship.
They have a 3 year old DS together and he is very worried about his wife allowing access to their DS should they split. I think she is very jealous and controlling, and to be honest, I do think she would be spiteful enough to do anything she could to make my brothers life a misery, unfortunately, even to the detriment of their DS Sad.
My brother worries that even if access is sorted in court, she would just make excuses each time the day and time came around (he's not feeling well etc) and simply not hand him over. i tried to tell him that it would go back to court and she'd be made to hand him over, but I really have no experience and have no idea what the court would actually 'do', a fine? Threatened removal of DS? Imprisonment (surely not)?

If its relevent
1, he knows access would likely be every other weekend and mid week perhaps every other week, so he's not expecting anything unreasonable
2, he has almost never had his DS on his own. Never been allowed to take him to grannys, or day trip out of the house. Until recently he hadnt been allowed to even take him to the park.She is very controlling. could she use this as an example of him being an unfit parent (he's not, he's a lovely dad)?

Ive name changed as its very sensitive as he is still trying to make his marraige work. Also feel like its not my story to tell.

OP posts:
HelpMyBro · 15/05/2012 08:49

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OP posts:
Collaborate · 15/05/2012 13:58

He should take some formal legal advice, but in the meantime do the things with DS that he doesn't do now.

HelpMyBro · 15/05/2012 21:29

Thanks, he's still trying to make it work but getting increasingly worried about what would happen if court said he had access but she just didnt hand him over...
He'd love to be able to take him places now, but she is very controlling. I think he has let this go on too long and doesnt stand up to her enough. Its got to the point where something somewhere is going to give. To be honest, i think he is scared of her Sad

OP posts:
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