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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.

Question about withholding child access because it's not in the child's best interest...

7 replies

AllChange2022 · 23/01/2022 05:40

So many people have said to me that, if the time DC spent with their Dad is not okay, then I should just withhold access and let exH take me to court over it, then explain it wasn't in their best interests and why that is the case.

But the only problem with this is, how do you withhold access for the sake of the children? If you have a 50:50 split then that inevitably involves the exH collecting them from school on his night. I can't just turn up at the school gate in the hope that I'm first there or something, and without a court order to wave around I couldn't ask the school to release only to me either, so in practical terms it would be completely impossible to do this.

Has anyone got any experience of this?

OP posts:
Flatandhappy · 23/01/2022 05:49

Not ok according to who? It is very subjective and everyone has an opinion. If you feel that your children are unsafe with their father (and you have the evidence to prove it) then you need to go to Court and try and get a ruling in your favour. Why is it not in your children's best interests to spend time with their father when all the evidence out there suggests otherwise, what exactly has he done/is he doing that is damaging to your children. Would it meet the threshold of harm if you have to give examples. If you currently have a 50:50 arrangement what has happened that you think it appropriate to go from that to no contact? I am not trying to be difficult but I work in this area and I have got to say that parents who withhold without very strong grounds rarely do themselves any favours. Can you have a conversation with him about your concerns, perhaps in mediation?

AllChange2022 · 23/01/2022 07:21

Thank you for replying, and I am glad you have experience in this area.

We haven't moved out yet but this is all going though the process. We can't do mediation because there's a DV injunction out on him.

When I gave my statement to the police they told me he's clearly manipulative and controlling. The problem I have is that the 'evidence' is old and even though I haven't got a new photo of him leaving injury on a child, he threatened to hit which terrorises them, so is still a weapon even if it's not physical in the same way.

Both children have begged me around Christmas time to let them live with me, though more recently he's lovebombing them to win them over and with one of them it's beginning to work already. You can see why, they've always longed to receive love from their Dad and this is feeling like the real thing. My concern is that it's a tactic and wont last.

He is inappropriate in that he plays 18 rating games in front of primary school age children, and encourages them to play 16 rating games but to keep it a secret. It's sometimes benign poor parenting which can border on neglect like the times he punishes them for crying or ignored their upset and leaves them to just cry alone.

He is harsh on them and verbally abuses them with name-calling. He won't seek medical help with their mental health but just thinks if you ignore it, it will just go away.

They therefore fear sleeping at his house without me, who they see as their protector, even though they want to see him to play online gaming with him during the day.

I'm also SAHM so they're accustomed to me doing all school runs, homework, etc, while Dad works full time and rarely gets involved in these things simply because he's not there.

I would want to facilitate daytime meeting for as long as the children feel safe, but overnight is when the problems start (mace because exH is most tired and therefore not inns good headspace) and is the thing they fear the most.

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KangSaeByeok · 23/01/2022 07:26

If there are allegations of DV then you'll need children's services involvement. You can't stop him collecting the children from school without a CO in place but they can work with the school.

AllChange2022 · 23/01/2022 09:50

So, if the scare stories of a child sobbing and begging not to go to their Dad's house happens, then I'm stuck and powerless to help with without social service intervening for me or without going to court, which presumably takes time.

Someone said to me you just refuse to send them to their Dad's for their well-being and take it to court afterwards, but that's going to be impossible to do by the sounds of it.

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KangSaeByeok · 23/01/2022 15:16

You can refuse to take them but the school can't just stop a parent from picking up their children without official support. Imagine it was the other way around and he asked them to not let you pick them up.

RedCandyApple · 23/01/2022 15:50

No you can’t stop him from
Picking them up from school, I heard some schools may agree to delay him
Picking them up whilst they call you but I’m not sure if that happens in reality, especially with no order saying he can’t collect them

AllChange2022 · 23/01/2022 16:38

Yeah I thought as much - so the whole thing kind of falls down then really, as all drop offs and pick ups would be one parent dropping off at school and another picking up at the end of the day. The only exception would be the weekend I suppose, on a Sunday night, but even then it might be changeover Monday morning having stayed over st the other parents' house and collection from the receiving parent on Monday after school again.

Just feels there's no way of protecting your own kids. Really horrible.

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