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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.

Been offered a new job but worried ex will use it against me in court

12 replies

Cryingatthegym · 02/10/2024 12:57

Posting here for traffic. Apologies in advance because this is longer than I thought it would be, thank you to anyone who reads it to the end.

Currently in the early stages of separation/divorce from my abusive STBXH. We're attempting mediation on the advice of a solicitor, against my better judgement because of the abuse. But I'm doing what I've been told to do on that front basically.

Mediation seems to be rapidly deteriorating. He's asked for more time with the kids (currently has them 2 nights a week), but he doesn't want more overnights with them. He wants to pick them up after nursery, take them to the park for a couple of hours, then drop them back off at mine for bedtime. I've said no, that's too unsettling for the kids (who are toddlers) and too emotionally distressing for me to have to see him potentially 4/5 times a week handing the kids over. For context I've been diagnosed with PTSD by the NHS and am in a support group for DV survivors and also having therapy.

Because I said no to the extra contact on his terms, he's now trying to argue that I shouldn't be entitled to any of his assets or pension, because he believes he can make a good case that they're pre-marital assets and that I haven't contributed to them. I won't bore you with the specifics of the financials because this is long enough as it is. But basically he's trying to screw me over, so I'm pretty sure we'll be headed for court.

Meanwhile, I've just been offered an amazing new job. It's a really great opportunity for me and I could be waiting a while for another one to come up. I've put my career on hold for the last 3/4 years whilst having the DC and I really really want the job. BUT - currently, both me and ex work 4 days a week and the DC are in nursery 3 days, so we have a day off each with them. The new job is only being offered on a full time basis. I've asked and there's no scope for part time.

So my question is - if we end up in court would ex have any grounds to argue that he's the primary carer for the DC if I'm working more hours than him and he's the only one having a day off in the week with them? Either to screw me over financially or to get more contact with the kids?

We've had x3 social care referrals made due to his actions and I have the DV documented with the police/Women's Aid. I'm just shit scared that if I take this job he'll use it against me somehow. I've already had to ask nursery to stop updating their app with the times I pick up/drop off DC as he's been monitoring that and using it against me.

Just wondering if anyone has any experience of this or can tell me I'm worrying about nothing, because my head is all over the place at the moment with the amount of different things I need to consider and sort out. I feel like I'm drowning.

OP posts:
Cryingatthegym · 02/10/2024 15:29

Just giving myself a little bump!

OP posts:
Cryingatthegym · 03/10/2024 09:18

And again...

OP posts:
2Little · 03/10/2024 09:24

I don't think you should do mediation with an abusive man.

I think you might benefit from consulting another solicitor for a second opinion on how to move forward.

AllThePotatoesAreSingingJingleBells · 03/10/2024 09:26

Agree, mediation isn’t suitable where there has been any form of domestic abuse.

NotTheMamaNotTheMama · 03/10/2024 09:37

With regard to children, financials are usually based on residency and residency is determined by overnights; you have the kids 5 nights a week therefore you are the resident parent which makes him the non resident parent, the fact he has a day with them during the week and you won’t is irrelevant.

You’re majorly overthinking this OP (which is understandable given the situation), working 5 days a week is perfectly normal and no court is going to penalise you for that so take the new job (congratulations by the way).

Agree with the other posters though, mediation is not suitable when there has been abuse.

Dumptytree · 03/10/2024 09:52

Absolutely talk to a lawyer, with the previous documented violence you dont have to do mediation.

I would talk to a lawyer but lives with is based on primary residence and overnights and it seems they are and he doesn't want more overnights. You growing your career, taking responsibility and improving prospects for you and your children, thats good. Make sure you have a clear plan for covering that day.

If the new role means theres a significant income difference it could change the settlement but worth it for long term prospects.

In terms of trying to screw you over with assets, courts do see through this and there are laws and precedent around it. Depends on length of marriage, total family resources and needs. You can better your chances with a great lawyer but cant hugely change it.

Mumof3confused · 03/10/2024 10:56
  1. get a new solicitor. They should not advice mediation with this man
  2. your ex can’t claim in court that you’re a lesser parent if you work full time. If anything, you will both be expected to maximise your income by working full time
millymollymoomoo · 03/10/2024 13:44

You would be mad to turn down better employment

that won’t determine residency or access

amothersinstinct · 03/10/2024 13:47

Take the job

You are classed as the main resident parent because you have them overnights - a few park visits a week isn't parenting

In terms of the financial split and pensions etc it really depends on how hard you want to or need to fight in an abusive situation he can easily run you up a solicitors cost of thousands

researchers3 · 03/10/2024 13:47

Whilst you shouldn't be in mediation, this only counts where you can demonstrate abuse.

It sounds like you can in your case.

Court may be the best option. You don't need solicitors btw. Or you can get ad hoc advice rather than signing up which is more cost effective.

Cryingatthegym · 03/10/2024 16:26

Thank you for the advice. The general consensus seems to be that I'm overthinking it and he wouldn't be able to use it against me. I'll also definitely be getting some different legal advice.

I just feel like I've lost all perspective with this. With the nursery pick up time stuff, he was trying to insinuate that I'm not caring for them properly/they'd be better off with him because I've been collecting them too late (in his eyes). So I guess my thought process has been along those lines, that less time with the kids = bad parenting.

Thanks again.

OP posts:
Igmum · 03/10/2024 18:17

Yes take the job.

Well done on stepping away from this violent man and here's to a whole new chapter, whatever happens in the financial settlement.

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