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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.

Emotional Abuse, Divorce and Occupation Orders

14 replies

Jne1 · 28/09/2021 17:28

Hi,
My Narcissitic Ex (NEx) has been threatening me to accept a lower amount of child maintenance for our children, as if not he cannot (allegedly) follow through on mediation agreements to buy me out of the matrimonial home.

He has gaslighted his way through mediation, sent emotionally blackmailing emails, threatened about the ‘stress and worry I must have right now’ (if I don’t agree to his proposals’), told me he is entitled to half of the child benefit and believe he is not legally required to pay any child maintence (he has the children 110 nights a year), questioned my mental health and said about the mental stress I will place on the children if ‘I don’t just move on’ and accept his proposal. He’s also indicated I have not justified what I spend on the children (because I don’t need to!) and has been misleading on his Form E used for mediation.

To give context, he earns £52K / year. Thinks he should pay £40 PCM maintenance, is prepared to pay £115, CSA says he should pay £420. I offered £350, this was refused.
I am not out for every penny I can get, I earn a good salary myself, however I do not feel I should be walked over or treated in such an unacceptable manner.

He has refused to attend any more mediation sessions ‘as he has been proven right before’. The mediator said at the end of the last session ‘there is evidence of power play here’ - I believe in relation to the NEx. Also evidenced by his refusal to pay his share of mediation costs for a week such that mediation notes wouldn’t be issued until the balance was paid.

My solicitor has given notice that unless he agrees to the mediation agreements to allow court orders to be drafted for the financials, I will proceed to Form A / court, and that I will make an application to the CMS service re maintenance, which I have done. If he wants to argue, he can argue with them.

Since then, he has entered in to the matrimonial home twice ‘to collect the children’. The children are 13 and 12. He has used his keys to enter the home, having previously knocked and not entered before he got really controlling. I believe this new approach is in direct retaliation to my not complying to his wants and to my solicitors recent letters.

The second time I was home when he did this, and I politely challenged home. His view is that it’s his house and so can enter when he wishes, however his manner was not pleasant and I felt very shaken.

I accept that legally he co-owns the house with me, and I know that legally I cannot change the locks without giving him a key. I would like to stay above board as keeping above board is the right thing to do, despite the behaviours I am experiencing.

I have spoken with Women’s Aid anonymously (ironically his Mum works for the local branch so I phoned a National helpline) who have said his behaviour is that of a domestic abuser / abusive perp. They suggested I investigate an Occupation Order. My solicitor has contacted his to say we find the behaviour not in line with agreements already made, and is an attempt to intimidate and that he will be put on notice of an Occupation Order.

Has anyone had any similar experiences or do you have suggestions? If in the house I will now put the keys in the locks so no one can unlock from the outside, but clearly I can’t do this when I am out. I know he can come in when I’m not there anyway (suspect he already has), however it’s the likely success of the Occupation Order that I am curious about.

Thank you everyone for making their way through this long post x

OP posts:
comfortablyfrumpy · 29/09/2021 12:43

Sorry, I've no experience of an occupation order, but wish you good luck. Your STBEX sounds a real piece of work. I hope you can get an Order soon.

Strongerthanyouthink · 29/09/2021 14:16

I was successful in getting an occupation order. Before we gave evidence he agreed to the order without any findings been found against him. A gruelling process, cost a fortune and really hard to get. Very judge dependent apparently.
I wish you the best of luck.

Jne1 · 30/09/2021 18:36

Thank you, trying to stay strong - yesterday’s experience was of him taking the children for their usual Wed eve with him - and refusing to return them home or bringing them home and spending the night.
I phoned the police. Without a Court Order, all they could do was a welfare check.
In contact with the solicitor once more…
Give me strength the man is trying to break me x

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ThisIsStartingToBoreMe · 30/09/2021 19:03

Contact the CMS for child maintenance.

Go straight for a court financial hearing - don't bother trying to negotiate with him, let the judge decide - the judge will be fair.

Change the locks. Yes it's illegal but it will cost him £2000 in legal fees and 8-10 months before he ever gets near a court hearing about it and all that will happen is that the judge MIGHT tell you to give him a key. (then start the process all over again Smile)

ThisIsStartingToBoreMe · 30/09/2021 19:06

I've just seen the bit where he didn't return the children. Don't they have to be in school the next day? Doesn't he have to be in work the next day?

How far away does he live - maybe the dc could come home by themselves if its not too far and they don't want to be there.

Jne1 · 30/09/2021 19:57

Thanks, I’ve gone to the CMS for maintenance application - and of course he disputes what I’ve said. Anyway, he can fight that battle with them - but this is where he is trying to enforce additional nights with him to suit his financial needs.

On the advice of my solicitor ‘you may wish to chAnge the locks’ - this may have been done today ;-) although the children will need keys as they make their own way home from school and let themselves in.

Unfortunately he lives 10 miles away in the back end of beyond (no public transport)… which of course means it’s a pain for them to get to school. I believe he is working from home now (computer based)….

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Jne1 · 30/09/2021 19:59

Court financial hearing sounds like the best way forward and this is what has previously been stated - deadline was tomorrow for him to confirm mediation agreements or I would commence proceedings.
So he’s messing around on -
Finances
Children arrangements
Maintenance.
The main has no shame.

OP posts:
Jne1 · 30/09/2021 19:59

Crikey, when I read it back I think - why am o doubting myself? The man is unreasonable!!

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noideawhatusernametochoose · 05/10/2021 13:40

Court sounds the way forward - he's messing you around as you say.

Good job on getting CMS underway.
Make sure you keep records of absolutely everything.

Sorry you and your children are having to deal with this. He sounds delightful!

RedMarauder · 05/10/2021 16:02

Luckily for you your children are secondary age and hopefully they are reasonably articulate.

If you can't agree child arrangements with him then let him drag you to Court as CAFCASS and/or the judge will want to find out what your children want in terms of contact.

If he lives rurally, they can't get around on their own and they are missing school hopefully they will mention this. (Make notes of the actual dates when they miss school or are late, then mention it if you are dragged to Court.)

Just ensure your children do actually bother to see him a few times a month while you are trying to sort out children arrangements so he can't claim you have alienated them from him.

It's also worth telling your children to talk to their teachers about any concerns they have with you both splitting up. Don't say any more than this to them.

Jne1 · 06/10/2021 07:24

@RedMarauder - thank you. I phoned the school on Monday to update them on the situation and they are putting support in place for both children. I’ve also said to both children that I talk to my friends, write things down and the school / teachers / guidance team are on hand for them to talk to about whatever they’d like, and they could say whatever they wanted without worrying about it upsetting either of their parents.and that it was more important that they didn’t bottle up their thoughts and feelings. Hoping that helps them - first outburst from the youngest last night about going to their fathers tonight - because he won’t say what the plan is so she doesn’t know how to prepare. I’ve written down a timeline of things that I think will happen (but said it’s my guess) so at least she knows what to expect… plus I’ve said if there’s any issues (eg like him not taking them tk school as he thinks I should) to ring me straight away.

Trouble is he thinks me not knowing his plans for the children hurts me, he’s actually hurting his own children.

OP posts:
gonnabeok · 06/10/2021 08:24

I've been in exactly the same situation. I had to call the police as he was letting himself in our jointly owned house -even though he had moved out 6 months before. In the end I had to get a non molestation order for my safety and my dd.

Make sure you report what he did to the police and get an incident number - you were frightened. Tell them you want to report it for information only at this stage. Speak to the NCDV (national centre for domestic violence) - they have a website. you can self refer and they will take your statement and do the relevant forms for free and then email them to you to submit to the court or you could use a solicitor but obviously you will have to pay their fee.

The court process if it involves domestic abuse is free. The NCDV will provide you with instructions on what to do. Within a few days I had a hearing at court. As a result if he comes into the garden or tries to get into the house, the judge has told him he is likely to face a custodial sentence.

Just before that I also had cctv put up and was leaving the key on the inside of the front door.

I also went straight to CMS - remember with a narcissist it is all about control. They hardly ever negotiate, so attempt it once or twice, then tell them what you will do if they wont negotiate and follow it through ie court involvement. They will drag it out as long as they can to satisfy their control over you. Don't play the game.

gonnabeok · 06/10/2021 08:27

Forgot to say - if you leave your key in the front door when you go out, could you go out the back door and lock it from the outside if he doesn't have that key? otherwise, I would get the locks changed as it is for your safety prior to getting a court order.

Jne1 · 07/10/2021 12:26

@gonnabeok - Thank you. I’m pleased I’ve got the CMS involved as it takes the heat off of me. If he wants to argue, he can argue with them.
The house will now go on the market - the NEx has agreed via email to a particular agent so I am hoping that movement on sale of the house (whilst he wanted to buy it himself and can’t might still be an issue for him), at least he cannot control that - other than to refuse offers made - but if he can’t buy it’s not in his interest to do that. Fingers crossed that that pours oil on troubled waters. Ever the optimist.

That is interesting re the domestic abuse and court. At the moment he is not coming near the house, probably due to the intimation of non molestation orders if his behaviour continues.

With the removal of the control on the house and the maintenance, he has nothing over me other than access to the children, and via his solicitor he’s accepted a compromise.

Not convinced it’ll stick, but the more control is taken away from him the less he can impact me.

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