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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.

He's now fighting for the children

88 replies

suntansally · 22/06/2017 09:43

Hi does anyone have much experience in this area.
I've been married12 years, just received decree absolute ( against me got unreasonable behaviour-I did this as I wanted to save money I could have batted back and forth but just wanted it over) we have 4dcs aged 6-14 I have been their primary career whilst she has ran a business which has become profitable but he has now shrank this down to minimum pay for himself etc to avoid maintenance.hes now taking me to court as he wants the children 50% of the time. I have left university so that I can guide the children through this hard time so I am available all the time. He's keeping a pathetic. Diary of how many days minutes and seconds he's had the children. Does he stand much of a chance of winning this given that he lives with his dad in cramped conditions?

OP posts:
NotSuchASmugMarriedNow1 · 22/06/2017 19:04

Is there any reason why you don't want to have shared care?

NotSuchASmugMarriedNow1 · 22/06/2017 19:05

Your 14 year old will be able to decide for himself who he lives with. What are the other ages of your children?

suntansally · 22/06/2017 19:07

They are sleeping in the flor at his dads at the moment and he's only doing it so that I'm not entitled to any benefits. I plan to work and am in the process of applying for 2 jobs but for now I think his intentions are simply to make me suffer

OP posts:
justabout2016 · 23/06/2017 19:30

I'm afraid as 50% of the parent then yes, he is entitled to 50%... unless there is good reason. My partner was in your ex's position - cramped conditions as she had the house - but judge just said it was irrelevant as it was temporary.

Good luck.

suntansally · 26/06/2017 21:14

Even if I am in their family home and the youngest is 6? That's horrendous

OP posts:
NorthernLurker · 26/06/2017 21:59

The kids have two parents. He may have been a crappy husband but that doesn't make him a crap father and I really don't like the way you've described his diary as pathetic when you are insisting you've given up your study in order to spend more time with your kids. You're logging the time too, you know you are.
Fundamentally this goes both ways. If you want time with your kids you need to accept he will want the same.

justabout2016 · 27/06/2017 02:32

OP it's not horrendous. He is their dad.

I can understand it's hard for you, but imagine if he was trying to reduce your time with them. 6 is irrelevant. He's their dad - and unless a good reason, i.e. you can prove they will be unsafe, it's fair and reasonable.

troodiedoo · 27/06/2017 03:04

He might well change his mind once he realises the day to day running of such an arrangement. Kids are not timeshares. I don't see how splitting their time 50/50 is beneficial to them but I'm not a judge. Stability on both sides would be beneficial. Try and stop the mud slinging. You're both on the same side, that of your children.

beingsunny · 27/06/2017 04:58

Hi yes he will likely win, starting point for custody is 50/50 unless they would be unsafe in either of your care.

I would begin looking at a part time return to study and working and building a new life in the circumstances you are now in.

newdaylight · 27/06/2017 05:16

So what about the youngest being 6? There's still no reason why a dad is less of a parent then a mum. Lots of families live in crampt conditions so that's fine.

Perhaps he's actually doing it because he loves his kids, not just to make you "suffer".

There can be good reasons why some parents don't see as much of the children but you haven't given one yet.

VulvalHeadMistress · 27/06/2017 05:26

This reply has been deleted

Message withdrawn at poster's request.

user1497480444 · 27/06/2017 05:31

I don't understand why you left university. How does that help you provide for the children? Maybe you can go back and qualify now the kids are with him 50% of the time?

BitOutOfPractice · 27/06/2017 07:11

He's fighting for his children.

What's the background here OP? Why are you convinced that he shouldn't get 50:50 care.

DawnOfTheMombie · 27/06/2017 07:17

I'd say it's unlikely given he has no proper home for them to sleep. I can't imagine a judge would be happy with all 4 DC sleeping on the floor in the same room as their Dad!

suntansally · 27/06/2017 07:38

I guess I feel that he's not been there and I can't explain but it's his terminology that he uses I can tell he's been spoon fed this by the legal. I agree they are 50% his but I'm happy for him to have them whenever 70/30 how do you determine? I am happy to have 1 child whilst he drives the others out. I don't need spare time like him. He wants his cake and eat it I'm afraid .... he has never taken a day off during school hols AT LEAST IN past 10 years, he is happy to do football on a sat and Sunday of course and sport but consistently leaves the girl out. If you asked him any of their friends names he couldn't tell you. I gave up my studies as I have no family here to help me through this difficult time, he leaves the children with his whilst he goes out with his new girlfriend. I have a new partner but we've respected the children, he has never slept over and I don't see him when it's my weekend with the children.i will go back to university once I don't have court papers to deal with. Have applied for 2 jobs in the meantime.
I'm sorry but I don't trust his motives as I can tell he's just doing this out of anger. He's reduced his salary already so I don't get any money he thinks I should leave the marital home and let him have the dcs 50% he's deluded! Where has he been???? Out pigeon shooting, playing football, go karting etc..... my fault for saying "yes darling of course you can go" he has a £12,0000 car and my people carrier has been scrapped as 'unfit to drive' he left me with no heating at xmas took the children and said as he left ' what are you a bit cold?' It was minus 2 degrees outside, there's a bit of background if it helps

OP posts:
suntansally · 27/06/2017 07:40

I could go on........
Sorry but my 6 year old needs me very much but I wasn't happy to live as I was despite this difficult time there is improvement already for the children

OP posts:
FlossyMooToo · 27/06/2017 07:55

The courts may put a time limit on the 50% care due to the sleeping arrangements but be prepared that it could be awarded.

Sadly all the things you have listed matter to YOU and court simply doesnt care about that. They believe equal relationship with most parents where possible if it is in the DC best interests.

suntansally · 27/06/2017 08:00

Ok well I understand but some OP's wanted some background about what's happened. He is a good dad to a point it's all done with money and days out he completely neglects the emotional stuff. Luckily his new girlfriend is doing a bit of that.maybe I can get my head around it but it's so sad don't the courts take into consideration that it may be a money movement rather than anything else? I still am 100% certain it is. I've known him long enough, he's always happy to get one over on anyone that wrongs him

OP posts:
FlossyMooToo · 27/06/2017 08:10

Sadly they set the bar low for what is a "good parent" and providing the basics counts for a lot.
If possible try to maintain a amicable relationship with him as if 50:50 does happen it is easier on you and the DC.

I have a 50:50 arrangement with the ex and it works well but he is not an arsehole. However up until our split I would say he was fun daddy and i managed everything else but not having me there to pick up the slack has forced him to step up and strangley he is a better more hands on father since we split.

justabout2016 · 27/06/2017 08:15

OP I understand all of what you're saying. I've been there, bought the t-shirt. Had to endure horrendous mess from my ex.

However, as a previous poster said - this is all fairly standard in divorces. It's so common it's untrue! To you at the time it feels like you're the only one.

We had all of this. Spent hours putting together a dossier of unreasonable behaviour - at pick-up, around sleeping conditions for the children. Etc. You know what? The courts weren't even remotely interested.

Unless the children are unsafe, they won't want to know. Their starting point (and end point) is the children. They're not interested in the rights or wrongs of the separation - whether affair, unreasonable behaviour, whatever. It's all completely irrelevant to them.

Also completely irrelevant is that fact that he wasn't particularly hands on before. Also completely normal. They would say he was out at work providing.

Their starting point is that the children need both parents.

I wouldn't present in this manner at a court IOP - unfortunately if you do, you will look like the unreasonable one. Take it from one who knows!

Honestly - please don't waste your time and emotion being angry and analysing his motives. You can't control what he does - only your reactions. So let him do it, keep the diary (nothing wrong in that - it's often advised by solicitors, I do it sometimes) and whatever else.

If it's any consolation, 5 years down the line, my ex still thinks he's 50/50. He's not! Constantly asking me to have them. I will do happily!

Good luck. But please heed the advice given for your own sake.

suntansally · 27/06/2017 08:26

Here's an example ; he's got the children tonight after school and dd1 just asked if she could do something with her friends before dance( I have no idea as it is with the new girlfriends children) he can't answer me as he has to call her first ...... yeah and he's parenting this all by himself little does she know he's got a new assistant as he cant do ANYTHING independently!

OP posts:
cestlavielife · 27/06/2017 08:31

If dd is with dad then dad sorts it.
Maybe this will allow him to step up to the plate.
Let him get on with it.
Step back.
Breath.
You have half the time to be with them and support them . It is an adjustment

cestlavielife · 27/06/2017 08:33

Also try and get some counselling support to talk things through ...anger eats you up.
You need to be strong and calm to deal with all this.

suntansally · 27/06/2017 09:02

Thank you for all your responses I had a counsellor for 2 years he knew this and didn't want to participate he thought I was dealing with myself. I took that whole 2 years to realise I was simply unhappy, I thought I was ill had blood tests etc everything was normal. My counselllir dropped me to go on to counsel him after we split ( again he held the purse strings) I've beeen told she's liable for conflict of interest but I don't have the energy to fight her too. I'm glad this post has got going as I can see both sides really I can but believe me he won't rest until I pay..... it's not anger it's now grief. It is this that's prevented me leaving before. Thank you for replying MN's it keeps me going

OP posts:
justabout2016 · 27/06/2017 09:07

In addition if you can sort it out without solicitors etc it'll save you thousands! Not always possible I know. It wasn't in mine, but wish it had been. The only winners are the solicitors' bank accounts!

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