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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.

Husband making custody demands after affair

20 replies

ROYGBIVain · 14/09/2022 13:24

I’m looking for a bit of advice or guidance, or if anyone has experience of similar.

My husband told me a year ago he was having an affair. He moved out straight away, leaving me and our then 5 year old.

He’d been jobless for a while, but had just got a paying job. He paid minimally towards bills from his account (no joint bank account) and I paid for nearly everything, as well as the deposit for the house and the monthly mortgage payments. I supported him fully while he was unemployed and then while he worked on a long term internship for no wages to gain experience for the job he wanted, and eventually got, just before he left us.

He moved out and started living in a van because he wanted to save money on living costs. As far as I know he splits his time living in his van with his affair partner, sometimes staying at his affair partners house with her mum too, and house sitting for her friends and other random people on holiday, with his affair partner. I work part time from home and have had minimal financial help from him, I pay the mortgage, gas, elec, internet, etc and he has continued paying the water bill (£30 per month), the council tax (c£100 per month), my phone bill (c£12 per month) and 2 extra curricular clubs for our child (c £40per month). He gives me nothing extra. He claims he’s generous because he ‘still pays what I used to pay before I left’ but that means nothing because what he paid before he left was based on him having no income, and I’d transfer him the money each month to cover these bills anyway. The bills were never fairly split.

He hasn’t helped with school runs at all this last year. He says he can’t because of his job. He doesn’t care that it affects my job too. Up until 3 months ago he’d visit our child on our home two evenings a week. This allowed me to go to evening classes.

He is continuing his relationship with the person he was having his affair with. She’s a part time laser tattoo remover, dances in a burlesque group and gets fairly naked onstage judging from pictures online, and is also an actress in local short films (that’s where she met my husband who works in film/video editing). It’s been a year since he told me and left, so now he wants to force me to allow him to take our child to the van or any of the random homes he stays in so he can spend time with our child and his affair partner together. Including overnight. (Perhaps including all 3 of them sleeping together in the van - he said this.) I am not happy/ready for the affair partner to be in my child’s life and so I have refused. I’ve told him he’s always welcome to see our child and take them out, but not to his affair partner or the area she lives in.

He’s become angry about this, and has stopped visiting on evenings, saying he’ll only look after our child if he can take them to meet his affair partner. He is also saying that he will initiate divorce because that’s the only way he’ll get to be with our child and do what he wants where he wants with them.

He doesn’t do any of the day to day things like school runs, bathing, washing or cooking. Managing all this and the house work and house maintenance is difficult for me, along with looking after our child and working 4 days per week. I’m not entitled to benefits. Since he left I’m also massively in debt, due to covering the living costs and additional home maintenance (roof needed replacing for years, I had to finally do it when the leaks got too much just after he left). I have nothing left of my wages each month and am using credit cards for general spending for the first time in my life.

If he gets his visits on his terms, I’ll still be left with all the hard work, school runs, parenting responsibilities and financial hardship. He’ll just get the fun days/nights out.

Yesterday he said he knows he ended our relationship in the worst possible way, but he has to continue being selfish for his own mental health. He doesn’t want to step foot inside our house he says, but just take our child away and bring them back. And that if I don’t go along with his demands, our child ‘might not have a dad much longer’.

I’ve been kind and decent to him this whole year, any arguing and disagreements have been very minimal as I’ve just accepted what he’s doing and tried to get on with mine and my child’s life. It’s been painful and hard, only made worse with house and financial worries.

My questions -

Does this situation seem unfair?
Is he contributing fairly as a parent, or even just financially?
Would a divorce really give him the free access to our child he wants on his terms, occasional visits and sleepovers but no parenting duties (eg school runs), taking into account his living situation?
What would you do?

OP posts:
Marblessolveeverything · 14/09/2022 13:31

As hard as this is - access is for your DC not your Ex. And it is up to him who he introduces your DC to. The problem is now you are restricting access which if he went to court would go against you. Please try and get some access to legal advice - as I understand your concern but as it is now you are in breach of what a court would order.

TBOM · 14/09/2022 13:34

The point you need to push on is his living situation - which is totally unsuitable for access the way he's asking for it. The GF is irrelevant as far as access is concerned.

titchy · 14/09/2022 13:34

Forget all the stuff about his affair partner - it's irrelevant to the question of context and maintenance. For the latter, go to CMS. For the former, contact is for the benefit of the child, and in most circumstances, including this, it is beneficial for the child to have regular appropriate contact with their father. You cannot dictate whether he introduces child to his partner - that's up to him.

Overnights in a fucking van though - clearly not appropriate at all and SS would have a field day with him if he suggested that was reasonable.

So all you need do is state that once he has a permanent suitable home to take the child to, you will be happy to facilitate overnight contact. Until then you think it is safest if contact takes place on Wednesdays after school till bedtime, and Saturday 11 till 5 or whatever with the expectation that he will take child to somewhere suitable such as restaurant or soft play. Not his van.

stillinflipflops · 14/09/2022 13:41

And that if I don’t go along with his demands, our child ‘might not have a dad much longer’.

Don't go along with his demands then.

TwoWeeksislong · 14/09/2022 13:44

He needs a place to live with a separate bed for your 5 year old in a room where no unrelated adults are sleeping.
So at a pinch, it’s ok if he shares a room with your child in a house with other people there (his affair partner’s house for instance) but child needs their own bed and for it not to be in the room where dad and AP sleep together. Your ex’s parents’ house maybe?
Sorry OP this is shit. Insist on the bed just for your child and no unrelated adults (or significantly older children or teens) sleeping in the same room. Van idea is ridiculous.

TwoWeeksislong · 14/09/2022 13:45

In the meantime he could take your child out for the day on his contact days and then return the child in the evening to sleep in their own bed.

Lalacazza · 14/09/2022 13:53

Ignore everything to do with affrair partner. They are not relevant.

Ex does not have suitable accommodation for DC to spend overnight in. Therefore overnight stays should not be allowed for this reason.

If he would like to challenge this he is more than welcome to take you to court to do so. And sort the divorce while he's at it.

Lalacazza · 14/09/2022 13:53

I'd also speak to CMS

ROYGBIVain · 14/09/2022 14:09

Thank you all for your replies. I still love this man and have hopes of reconciling. Am I mad?

OP posts:
Marblessolveeverything · 14/09/2022 14:38

Yes you are mad to even consider reconciliation - when someone treats you disrespectfully dont give them a chance to do it again.

MolliciousIntent · 14/09/2022 14:39

He has just as much right to his child as you do, and you have no say over who he has around the kid. If he has any sense he'll take you to court.

TwoWeeksislong · 14/09/2022 15:03

MolliciousIntent · 14/09/2022 14:39

He has just as much right to his child as you do, and you have no say over who he has around the kid. If he has any sense he'll take you to court.

The court would tell him he needs a safe stable home to take him to before he can have overnights. They would grant him daytime contact straight away in this situation I think.

Releasethehoundss · 14/09/2022 15:25

@ROYGBIVain i don't think you're mad, I do think you should heavily consider reconciling with him, he doesn't sound like someone you can ever count on again.

Releasethehoundss · 14/09/2022 15:29

@TwoWeeksislong I agree with you. I won't comment on him introducing new girlfriends or anything, but a consistent place to at least take them would be best because it would help their stability and routine. Who knows, maybe camping in a van would be interesting to the kids, especially if they're older... But, ultimately, they (when with their father) will need some place to be permanently and with routine. I don't think that's too much to ask. Could be gf's house, etc., but it should be SOMEWHERE...

Releasethehoundss · 14/09/2022 15:34

@ROYGBIVain
To answer your questions,
No, none of it's fair. It'll never be fair. If things had gone fairly, you wouldn't need to post here, but I'm glad you're getting support here ❤.
From what you've written, I don't think he's contributing fairly, it seems like because he is removed from the physical equation, all of the variables (school, time off sick, maintaining the children's routine, etc. fall to you; it cannot ever be evenly split... (can't comment on finances, don't have whole picture)
And as for your divorce, yea he will pretty much be given discretion whenever he has the children. It will be his prerogative, as far as introductions, activities, etc. I didn't think having a stable place to take them would be a point of contention - FOR ME, if it were me going through this.
All the best

Releasethehoundss · 14/09/2022 15:41

@ROYGBIVain I meant to write I DO think having a stable place to take them would be a point of contention... I can spell. My phone cannot!

Darbs76 · 14/09/2022 20:23

It’s hard, but a year on I think it’s suitable timing for your child to meet his new partner. I agree sleeping in a van is not appropriate but I think if they are house sitting then that’s a suitable environment

MissyB1 · 14/09/2022 20:32

As pps have said remove the other woman from the equation. Go to CMS to get the money sorted. For him to have his child to stay with him he will need permanent accommodation, explain to him that when he can get that he can have over nights. Sleeping with her in a van is totally out of the question and sofa surfing is unacceptable too.

newbiename · 14/09/2022 20:38

ROYGBIVain · 14/09/2022 14:09

Thank you all for your replies. I still love this man and have hopes of reconciling. Am I mad?

Yes

Newjobformoremoney · 14/09/2022 20:44

She’s not the affair partner anymore, she’s his girlfriend of a year.
If you think you need more maintenance go to the cms.
Get yourself into counselling. You deserve better.

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