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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.

Help please re child arrangements

14 replies

KandRmummy · 19/10/2022 03:45

Hi all,

I was hoping someone could offer advice having not been in this situation before.

Me and my now ex partner have been seperated for some months, it’s becoming increasingly hard to communicate and agree fairly with him, despite many attempts he is a very difficult person, and now very bitter.

We have 2 young boys, one 4 and one 9 months. I’m having problems arranging fair arrangements for us both to have the children whilst keeping what’s best for the children in mind too. They both live with me.

We at first settled with every other weekend and my 4yo going on a Tuesday and Thursday evening, the baby staying with me.
My 4yo has since started school and it’s becoming apparent I think the backwards and forewords is unsettling him. He goes to his dads 4pm on those days for dinner and then is back to me around 7am ish for a quick breakfast and get ready for school. Personally, this is a huge rush in the mornings and I barely get to see him, I don’t think this is fair on either of us but his dad doesn’t see this from his point of view and also won’t take the time to take nor collect him from school. I feel like my little boy doesn’t know weather he is coming or going 😢

I have also since gone back to work and my work is mostly evenings (self employed) I have to work on those Tuesdays and Thursdays to fit in when the children can be with their dad, my youngest 9mo has stayed with his dad on those week nights too recently, but this has already failed and tonight I received a call at 2am from my ex to say to go and collect the baby as he’s awake and won’t go back to sleep, keeping my 4yo awake. Of course I will always be there for my children and they can always come back home to me, but this isn’t practical and can’t happen whenever their dad can’t handle the situation. Also, to add, their dad doesn’t have his own place and it doesn’t look like he will for a while, him and my children are staying at his sisters in a little bedroom. This also doesn’t fill me with ease when they stay there.

Although I do need to work, especially as their dad does not pay his child maintenance and hasn’t contributed a penny, my children come first and if I can’t work on those evenings then I won’t and would rather my children be with me at home so they can have a more structured routine, especially my eldest now being at school and noticeably seeming out of sorts.

But where do I stand with all of this? I’ve tried to speak amicably with my ex, it’s like getting blood from a stone. He won’t consider mediation either, I tried this already. I feel the only step is going to the courts. Does anyone know where I will stand with setting up arrangements for the children to just go to their dad every other weekend? Seeing as the weekdays isn’t working.

I feel like my children don’t have a routine, back and fourth and I’m worried this will effect them 😢

OP posts:
millymollymoomoo · 19/10/2022 08:48

If he has overnight why is he not dropping at school ?

when does he plan to get his own place?

can he not do eow then one or two evenings he picks up from school m, has tea thdn drop back after - say 6-7?

also, he needs to learn to deal with baby during the night / why on earth are you facilitating his incompetence! He’s perfectly capable but just can’t be arsed.

KandRmummy · 19/10/2022 10:05

Honestly I’ve tried discussing all options, he is the most awkward man I have ever come across. I get more sense and conversation from my children.
This is what I’m asking, I don’t know where to go from here?

OP posts:
dancemom · 19/10/2022 10:08

Offer him one evening a week overnight and he takes 4yo to school the next day. If he refuses this then no weekday overnight and it's weekends only. If he disagrees he can go via solicitors and / or court. It's not up to you to make his reasonable or understanding.

anotherdayanotherpathlesstravelled · 19/10/2022 10:39

dancemom · 19/10/2022 10:08

Offer him one evening a week overnight and he takes 4yo to school the next day. If he refuses this then no weekday overnight and it's weekends only. If he disagrees he can go via solicitors and / or court. It's not up to you to make his reasonable or understanding.

I'd go with this option. Time to toughen up unfortunately

I have a child not much older than your eldest plus twins not much older than your youngest. I don't allow overnights at all for any of them as he doesn't have his own place. And due to his work can't take them to childcare/school the next day mid week.

Why isn't he paying maintenance?

KandRmummy · 19/10/2022 10:51

Yes I think this is for the best now. I wish I knew why he won’t pay, he genuinely thinks he doesn’t have to. I’ve gone through cms and been told I will get minimum, he works a lot with cash so I know he’s wangled that to his advantage, but still haven’t received anything!

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hulahoopqueen · 19/10/2022 10:58

My DSS is the same age, and he would not feel very settled in this type of situation that you've described.
I think that the option that @dancemom has suggested would be best - and if ex won't agree, then I would draw back to EOW only.

AssumingDirectControl · 19/10/2022 11:11

dancemom · 19/10/2022 10:08

Offer him one evening a week overnight and he takes 4yo to school the next day. If he refuses this then no weekday overnight and it's weekends only. If he disagrees he can go via solicitors and / or court. It's not up to you to make his reasonable or understanding.

This is more than reasonable. If he won’t take to school, he can have them for dinner once a week but then home to you in time for bedtime routine.

The court will expect him to go to mediation.

myrtleberry · 19/10/2022 11:23

How far away does your ex live? What time is your child being woken up on a school day to be delivered back to you for 7am.

KandRmummy · 19/10/2022 12:17

Only 10 mins away but I still don’t think it’s fair dragging the children around like that and then I’m having to rush the morning routine to get him into school

OP posts:
gogohmm · 19/10/2022 12:39

If he's not paying child maintenance and is working for cash, him having the children 50/50 would be the best option, allowing you to work (he has to pay for childcare on his days).

Firstly he should be dropping dd at school not back at your home, if this isn't possible due to work he needs to arrange childcare or accept he cannot maintain 50/50 he can pay child support to reflect this. By giving him an either or option he might be more amenable to cms.

Arabella9 · 20/10/2022 14:26

Hi - you can try family mediation to agree a parenting plan. The government are putting £500 towards the cost too at the moment. These links may help:

www.mediateuk.co.uk/the-ultimate-guide-to-child-arrangements/
www.mediateuk.co.uk/mediate-uk-welcomes-extension-of-500-voucher-scheme/

Best wishes in sorting out arrangements. :)

KandRmummy · 21/10/2022 18:47

Arabella9 · 20/10/2022 14:26

Hi - you can try family mediation to agree a parenting plan. The government are putting £500 towards the cost too at the moment. These links may help:

www.mediateuk.co.uk/the-ultimate-guide-to-child-arrangements/
www.mediateuk.co.uk/mediate-uk-welcomes-extension-of-500-voucher-scheme/

Best wishes in sorting out arrangements. :)

Thanks for the info, have already tried to go for this but ex partner didn’t agree like with everything else I suggest 😣

OP posts:
Jellycatspyjamas · 22/10/2022 09:52

How early do your kids get up when they’re with you - surely not before 7.00am? I understand that it’s not great that your ex won’t drop your DD at school but I’m not understanding why it’s a huge rush to get up and out for school when they’re with you from 7.00am.

If having him drop them back to you is an annoyance, I get that but it sounds like he’s trying to maintain contact with his children. You need to get tougher on when they’re with him they’re with him, and not be picking them up in the middle of the night - who takes the baby when you’re struggling with night waking - but I’d really think about dropping midweek contact so quickly. Maybe cut back to one night, or do two nights together so there’s less back and forth (and he does the school run).

KandRmummy · 22/10/2022 13:09

Jellycatspyjamas · 22/10/2022 09:52

How early do your kids get up when they’re with you - surely not before 7.00am? I understand that it’s not great that your ex won’t drop your DD at school but I’m not understanding why it’s a huge rush to get up and out for school when they’re with you from 7.00am.

If having him drop them back to you is an annoyance, I get that but it sounds like he’s trying to maintain contact with his children. You need to get tougher on when they’re with him they’re with him, and not be picking them up in the middle of the night - who takes the baby when you’re struggling with night waking - but I’d really think about dropping midweek contact so quickly. Maybe cut back to one night, or do two nights together so there’s less back and forth (and he does the school run).

I just feel we are not in a structured routine, and it’s showing now my eldest has started school. I don’t think it’s fair for the kids to be coming back and fourth and then off to school. It’s not an annoyance, I’ll always be there to do these things, they are my children but he’s having his kids for a matter of hours and then dropping them back, in the grand scheme of things that’s the easy part! He can hurry off to work then and still not pay maintenance. Yes he’s maintaining contact, which I haven’t disputed. As stated above I’ve tried discussing most options with him but he’s a very difficult person, which is why I was asking re court as I feel I can’t keep suggesting things with no compromise.

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