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Legal matters

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DS1 and his stepmum.

178 replies

CouthyMow · 04/08/2012 10:24

Long story, cut short, but may mean an element of drip feeding. DS1 is 10yo now.

Ex has had a court order for access to DS1 since he was 3yo. He moved in with his current partner when DS1 was 4yo. She already had a child from a previous relationship. He is now 7yo, and has been diagnosed with Autism and ADHD. Ex and new partner now have two other children, a son who is about to turn 3yo, and a daughter who is 7mo.

DS1 has had numerous problems with his SM, and her actions (I feel it borders on cruelty/ emotional abuse), he complains about not wanting to go, which has me telling him, bright and breezy, that he has to go.

He went there last Friday, for a week. He came back yesterday evening. He started telling me about an argument between his dad and his SM, about her selling my Ex's computer game to buy yet another wrap sling.

The row went on till 5am, when SM walked out WITHOUT the 7mo baby, who is ebf. No bottles in the house, no money left for Ex (she took all the money), no phone (ex not allowed a mobile) and no keys as she took them.

She was gone till 11am that day. Ex and DS1 were 'juggling' (DS1's words) a 7yo with Autism, an almost 3yo with development delay AND a very hungry screaming 7mo. When she got back, DS1 asked if she could help with the baby, and she grabbed his wrist. He has fingertip bruising on his wrist. Which I had noticed, and was what prompted the discussion.

She stormed upstairs, but her 7yo was on the stairs. She tried to hit the 7yo, but he ducked.

She stayed in her room for half an hour, during which time, Ex was dealing with the 7yo & 3yo, and DS1 was dealing with the hungry 7mo.

In the end, DS1 went upstairs and tried to get her to come and feed her baby. He called her an idiot and told her that sulking in her room like that made her an 'overgrown teenager'. She went to hit him, he shouted "DON'T", and his 7yo Sbro ran out of his room, and pulled him backwards so that it didn't connect.

DS1 has told me that it is far from the first time she has raised a hand to him, though this was the first time he really knew she was going to hit him.

Another 20 minutes later, she still hadn't fed the baby, so he took the baby up, pushed the baby into her arms, and told her to do what she had to do, and stop acting like an overgrown teenager.

The thing is, Ex has spoken to DS1 in confidence, and told him that he can't leave, as he then will be unable to see or protect the toddler and baby (she WOULD make it difficult for him to see them, she has form with her 7yo's dad), and if DS1 stops going there, then Ex would be unable to see him, as she would kick him out if he went out to see DS1.

DS1 has told me to leave it until SM DOES hit him, because then she will be put in prison, and his dad will get custody of the little ones, and he will then be able to see his dad and his brother and sister without his dad losing his other DC.

My 10yo is willing to be physically hurt in order for his dad to not lose out on his little kids and to still see his dad without her there.

Can't get a solicitor, Ex is with the best firm in town, my other Ex (Ex-P) has tied up 5 other firms, and my old one no longer takes legal aid (am on benefits).

Where can I go to for advice? I feel stuck between a rock and a hard place, and so does DS1.

To complicate matters, I don't want to put additional stress on DS1 as his 11+ is in September, and he NEEDS to get into the Grammar school.

Grrrrr. I'm alternately fuming and upset.

And the worst thing? As he had a GENUINE accidental injury to his tooth while he was at his dad's, and the fingertip bruising has had half a week to heal, I'm not going to be able to prove fuck all. I only recognise fingertip bruising as I was physically abused as a child. Grrrrrrrrrr.

Where do I go for advice, when I can't get a solicitor? My friend suggested Women's Aid, but he's a child?

OP posts:
colditz · 04/08/2012 23:14

He doesn't have to leave the little ones with her, he should ring the police and kick her out! FFA having a willy doesn't exempt you from parenting. He will have to be a single father!

cestlavielife · 05/08/2012 00:37

You can o ly be responsible for your own child but you should report to ss that the other children here are being neglected by their mother which clearly has issues.
You need to report the assault on ds to police and ss and let them take it from there.
You have "reasonable excuse" to stop contact with dad especially if dad refuses to meet ds elsewhere.
You could put in email or writing to dad that ds cannot go to step mother house but can see dad elsewhere. This is also being reasonable.

It is up to dad to sort this mess out.

cestlavielife · 05/08/2012 00:40

Do you have sw for your other dc with SEN ? From children's ith disabilities team? Speak to them. .

TheWonderfulFanny · 05/08/2012 12:25

How did it go this morning couthy?

CouthyMow · 05/08/2012 12:41

Only duty SW's at weekends, only deal with emergencies, not classed as an emergency as he is safe at mine.

Been told to ring back tomorrow morning.

OP posts:
CouthyMow · 05/08/2012 12:42

Sounds awful but it's a good job I had the forethought up take a photo of the bruising as soon as I noticed it. It'll probably be gone by the time we see them.

OP posts:
CouthyMow · 05/08/2012 12:44

Cestlavie - no SW's, am waiting to be allocated one from CWD team. Bottom of a long list though. Not emergency cases, don't meet criteria for respite, and those cases are allocated first at Children with Disabilities team.

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CouthyMow · 05/08/2012 12:47

Thing is with Ex & SM is that she wont let him leave with the DC's, at least not the baby, as she is bf. not started weaning onto solids yet either, despite baby being 7.5mo.

So if he wants to be there with the baby, he has to be THERE IYSWIM.

She bf the last one till 2.5yo, tandem feeding at one point. There has been no point since the 3yo was born that she hasn't been bf either one of Ex's DC's or the other, and as SM tells him, no judge will take the bf DC off her.

OP posts:
TheWonderfulFanny · 05/08/2012 12:57

But if she's denying the baby its sole source of food so she can go off on a strop then that's neglect, and the children should bloody be with the parent that's going to look after them properly. Sounds like she's just using bf as another control tool, and a judge ought to be able to see that...

TheWonderfulFanny · 05/08/2012 13:51

Let's swap genders for a moment. Say there was a man who had insisted that his children be bottlefed, but locked up the formula so that only he could access it and decide when the baby was fed. He denied the mother money - so she couldn't get more formula, or food, and didn't let her have a phone so she couldn't call out for support.

He also insisted that she only see the child of a previously relationship inside his own house, and threatened to withdraw the 'privilege' to keep her in line.

He took all of her parenting choices away from her, so that he would be seen as the main carer - and constantly told her that if she complained he would stop her seeing any of her children.

Would you be telling 'her' that he risked never seeing 'her' children again if 'she' didn't go along with it? Or would you be telling her that the Police and Social Services are used to seeing through abusive control measures and that 'she' shouldn't be afraid to ask for help?

TheWonderfulFanny · 05/08/2012 13:52

OK, I mixed up my he and she there, but you see what I mean...

CouthyMow · 05/08/2012 16:15

Oh, don't worry, I can see how abusive it is, but as I'm never allowed to speak to him alone (yet another way in which she holds the control), I can't get to talk to him about it.

I will be ringing Social Services in the morning. It's the option I have to take to protect my DS.

OP posts:
LadySybildeChocolate · 05/08/2012 16:19

You have a very lovely, caring and sensible boy, CouthyMow. Social Services are the best people to help with this, it is abuse. I don't blame you for wanting to keep your son away from this situation, I'd do exactly the same. I'm sure your son is going to be worried about this though, I do hope he's OK.

CouthyMow · 06/08/2012 18:18

Have made contact with Social Services, they took down details of who is involved and what happened, and they seem to be treating this VERY seriously.

They are going to allocate a SW and ring me back tomorrow, and I was told that Social Services investigation will override a Court Order, and that there are 4 days to deal with this before he is due to go back, so not to worry.

They are taking this very seriously indeed. I just want to know that my DS1 is safe even when he is not with me.

I am frightened that DS1 is going to lose his dad over this though, and may blame me for that, as I am the one who contacted SS, but I really feel I had no choice, I needed to keep him safe from his SM.

God, this is an awful situation to be in as a parent, watching what is likely to happen, and knowing how it will affect your child.

OP posts:
LadySybildeChocolate · 06/08/2012 18:44

You did a good thing. Your ex and his children need protecting from this woman, and your child shouldn't have to put up with this. If your ex no longer wishes to see your son then it's his loss, at least your son will be safe.

TheWonderfulFanny · 06/08/2012 19:05

Well done couthy.

None of this is your fault, or your ds's fault.

All the blame is with the sm's choice to be an abusive parent. Hopefully your ex will realise he needs to take all of his children out of the situation she's made.

Lather, rinse, repeat.

And a sneaky (hug)

Flyingwithoutwings · 07/08/2012 13:21

What an awful situation. Your DS sounds wonderful, mature and amazingly level headed.
It sounds like SM is probably suffering from PND and needs help. SS is definitely the right thing to do.
Hopefully they will all get the help they need and all the children will be safer for that phone call.
Keep us updated and big hugs to you and your fantastic DS x

CouthyMow · 07/08/2012 13:26

I still haven't heard back from SS, but if I have heard nothing before 3pm, I will ring them.

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CouthyMow · 07/08/2012 13:34

She has been behaving, erm, unusually towards me since she fell pregnant with her 3yo. I ignored the things she has done to me, for the sake of civility for DS.

It's been well documented on MN, but unfortunately most threads were in _Chat, so will have disappeared, but I am the poster whose DS's SM threatened to kill me over a bottle of headlice lotion, whose DS's SM tries to attend concerts in my place when the rule is 2 tickets per child, I am the poster whose DS's SM keeps shaving his hair against his will, I am the poster whose DS's SM went mental at me at sports day in front of hundreds of people over frankly, nothing. (The Sports day thread will still be searchable, but I can't remember what it was called!). I conducted myself like a paragon of virtue, and reasonableness, and didn't raise my voice once.

She has been as nutty as a fruit cake, tbh, for years, it's just having the two DC's with my Ex seems to have exacerbated it.

I have bitten my tongue time and time again to keep the peace, as I don't give two hoots what she does to me as long as my DS is OK, but he isn't now, and that is my problem!

OP posts:
LurkingAndLearningLovesCats · 07/08/2012 14:28

Oh God I remember the sportsday one! That in itself was enough.

You poor thing, cannot even imagine the myriad of emotions you must be feeling right now.

(another sneaky hug)

CouthyMow · 07/08/2012 15:23

Yep, the sports day one was me. .

I am just about to ring them back, as they haven't rung me. An waiting for half past as DS1's turn in the Wii will have ended, and he will be upstairs reading after that. (Rubbish weather today, was rather hoping he would be at the park...)

OP posts:
CouthyMow · 07/08/2012 15:49

Angry The SW I need to speak to is 'out of the office on home visits', and has been in and out of the office all day.

All they can do is mark it 'urgent', and ask him to call me when he is back in the office. They can't tell me if that will be today.

I am in the awkward position whereby if I DON'T send him to his dad's on Friday, I am in breach of the court order, and could possibly be imprisoned for up to 6 weeks, leaving ALL my DC's with nowhere to go bar FC,

OR, I send him back into that situation with no resolution. Which would be neglectful IMO. As I wouldn't be protecting HIM.

The only way out of that is with some sort of confirmation from an allocated Social Worker that there is an investigation ongoing.

I can't get a solicitor, due to Conflict of Interest at every one in my town that accepts legal aid.

So either way, I'm screwed. I seemingly have to make a choice between protecting one of my DC or protecting all of them.

What do I do now? Sit and wait for the allocated SW to get back to me? What if they don't get back to me before I am due to send DS1 to his dad's next, on Friday evening?!

What do I do if that happens? Send him into an abusive situation? Keep him at home and risk imprisonment?

I am stumped now.

OP posts:
CouthyMow · 07/08/2012 15:52

It is slightly complicated by the fact that one of the local judges is a strident misogynist, and thinks that mothers are ALWAYS wrong. Long story, but he has even passed an order that means that an abusive Ex (DV) of my friend was allowed to move back into her home.

If this goes to court, my Ex will have one of the best Family Law solicitors in our town representing him, and I will have to represent myself. To a judge who WILL rule against me.

Aarrgghh!

OP posts:
TheWonderfulFanny · 07/08/2012 16:35

How about making a formal complaint of abuse to the police then? Explain that you wanted to go through ss but you're worried they won't do anything in time?

GrasshopperNchipmunk · 07/08/2012 16:49

Hopefully the SW will be in the process of making all background checks, speaking to school/ nursery/ health visitors for all the children, and getting checking old SS records for any previous involvement. They will try and look at a bigger picture by speaking to as many professionals as possible, and this will put the allegations in context.

They have a statutory duty to investigate allegations, and this should include a social worker coming to see and speak to your child.

Have you spoken to your ex at all about what your son said after the last contact?

Youve done really well reporting the concerns. Sounds like such a horrible situation to be in, SM sounds vile.

You won't be sent to prison for suspending contact this friday, youre reasons are justified given the circumstances!