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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.

Desperate for help... Pushed in a corner, terrified

5 replies

Homely1 · 18/03/2015 17:34

Please help me... I'm separated and have a DC. I've posted before. DH has been seeing DC with me. Otherwise does not really ask about DC. Now DH is saying that I've denied access and has contacted me really sounding like the victim. The issue is that DH wants time alone and is also saying that I am stopping DH family from seeing DC. There are so many manipulations and lies. I do not know what to do. In the past, I organised time alone but it was not satisfactory to him. He has also gone AWOL previously but has manipulated this too. DH is threatening me with the law; he sounds like I do things his way or else. I'm beside myself. DC is just a mite.

OP posts:
kittensinmydinner · 18/03/2015 19:37

Take a breadth OP .. And tell him no. Let him take you to court, it's by far the best way with people like this. He will have to pay (will he do that even) to make the application, then write down his complaint and what he wants. You then get to put your concerns to the court... Then the judge will make certain requirements... If he drinks, then blood tests, if he is violent then CAFCAS reports on welfare etc. they will then set a time for another hearing where judge may or may not order some form of contact based on the courts investigations ... Supervised contact, indirect (phone calls) unsupervised day contact and unsupervised overnight contact... It will cost you nothing only time of a couple of court hearings, it will cost him a minimum of £212 minimum for the application and God knows what if he pays for solicitors... But it will make sure that your concerns are addressed and that contact is organised in a way that is truly in your child's best interest.... That said he can only make an application if he has PR... Is he even named on the birth certificate. If yes he can go ahead , if not he will have to go to the additional expense of being named father by the court before he can even kick off proceedings for a child arrangements order...the ball is truly in your court. Stop now and make him PROOVE he has what it takes to be a father...

babybarrister · 20/03/2015 20:50

This reply has been deleted

Message withdrawn at poster's request.

STIDW · 21/03/2015 17:53

Good contact for children relies on parents working together, or at least not against one another. Going to court tends to leave parents feeling resentful and resistant which makes working together in the future difficult or impossible. Therefore going to court is better avoided when at all possible.

However if you do go to court there is nothing to fear as long as you are reasonable. To give you an idea of what is reasonable this is what the Family Court expects of parents;

"?The court wants you to think about these things first:

As parents, you share responsibility for your children and have a duty to talk to each other and make every effort to agree about how you will bring them up;

Even when you separate this duty continues.

Try to agree the arrangements for your child. If talking to each other is difficult, ask for help. Trained mediators can help you talk to each other and find solutions, even when things are hard. The court staff can give you details.

If you cannot agree you can ask the court to decide for you. The law says that the court must always put the welfare of your child first. What you want may not be the best thing for your child. The court has to put your child first, however hard that is for the adults.

Experience suggests that court-imposed orders work less well than agreements made between you as parents.

The court therefore expects you to do what is best for your child:
Encourage your child to have a good relationship with both of you.

Try to have a good enough relationship with each other as parents, even though you are no longer together as a couple.

Arrange for your child to spend time with each of you.

Remember, the court expects you to do what is best for your child even when you find that difficult:

It is the law that a child has a right to regular personal contact with both parents unless there is a very good reason to the contrary. Denial of contact is very unusual and in most cases contact will be frequent and substantial.

The court may deny contact if it is satisfied that your or your child’s safety is at risk.

Sometimes a parent stops contact because she/he feels that she/he is not getting enough money from the other parent to look after the child. This is not a reason to stop contact.

Your child needs to:

Understand what is happening to their family. It is your job to explain.

Have a loving, open relationship with both parents. It is your job to encourage this. You may be separating from each other, but your child needs to know that he/she is not being separated from either of you.

Show love, affection and respect for both parents.

Your child should not be made to:

Blame him/herself for the break up.

Hear you running down the other parent (or anyone else involved).

Turn against the other parent because they think that is what you want.
You can help your child:

Think about how he or she feels about the break up.

Listen to what your child has to say:

About how he/she is feeling

About what he/she thinks of any arrangements that have to be made.

Try to agree arrangements for your child (including contact) with the other parent.

Talk to the other parent openly, honestly and respectfully.

Explain your point of view to the other parent so that you don’t misunderstand each other.

Draw up a plan as to how you will share responsibility for your child.

When you have different ideas from the other parent, do not talk about it when the children are with you.

If you want to change agreed arrangements (such as where the child lives or goes to school):

Make sure the other parent agrees.

If you cannot agree, go to mediation.

If you still cannot agree, apply to the court.

If there is a court order in place:

You must do what the court order says, even if you don’t agree with it. If you want to do something different you have to apply to the court to have the court order varied or discharged."

www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Protocols/pd-what-the-family-cts-expect-from-parents.pdf

So in most cases parents are expected to attempt mediation. A mediator will try to assist parents communicate to find a way forward that can work for everyone. If communication can be improved parents are in a better position to resolve any future problems.

STIDW · 21/03/2015 18:05

"That said he can only make an application if he has PR... Is he even named on the birth certificate. If yes he can go ahead , if not he will have to go to the additional expense of being named father by the court before he can even kick off proceedings for a child arrangements order...the ball is truly in your court...."

That isn't entirely correct. Someone who has Parental Responsibility has the automatic right to apply for a Child Arrangement Order. If a father doesn't have PR he needs to ask the court's permission to apply but that isn't a substantial hurdle.

Homely1 · 28/03/2015 20:41

Thank you so much.

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