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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:
Peppin · 07/08/2012 16:51

Hi CouthyMow. So sorry about this awful situation. Absolutely agree with the others that this is too much for your (very level-headed-sounding) 10 yr old DS to shoulder. Good advice above re social services etc.

Just wanted to add something re the solicitor point. You mention that you cannot go to any of the solicitors in your town because - between your DS' father and your ex-p - they all have conflicts of interest. But, the conflicts of interest that solicitors who have seen your ex-p may have may not (probably do not) affect your ability to consult them re your DS' father. A conflict of interest in relation to one former or current client does not mean that the potential client is barred forever. It's only if the conflict directly relates to the matter at hand.

Forgive me if I have misread this but I read your OP as if your ex-p and DS' dad are different people. If it is the same person then just ignore the above!

CouthyMow · 07/08/2012 16:54

No, they ARE different people, but due to an earlier case that involved issues between the two men surrounding contact (they were both at one point coming to my house for contact many moons ago, on different nights), and each one wanted the other not to be around their DC's.

So it really IS a Conflict of Interests...

OP posts:
CouthyMow · 07/08/2012 16:58

The DC's at that point in time were very young, DS1 was 2.5yo and DS2 was 12mo. Which meant it was not possible for DS1's dad to see DS1 without DS2 being there, which DS2's dad wanted, and it wasn't possible for DS2's dad to see DS2 without DS1 being there, which DS1's dad wanted.

Neither of them would take care if their DC's while the other one was here having access. It took a judge banging their heads together to get proper access sorted out back then. But as the case involved BOTH Ex's, it is STILL classed as 'Conflict of Interest'.

OP posts:
CouthyMow · 07/08/2012 17:00

Still no phone call, I expect I won't hear anything today now. FFS, the not knowing what to do is horrid.

OP posts:
RabidAnchovy · 07/08/2012 17:00

Good God, if this were my child he would be going nowhere near the mental bitch and drippy father again, your Ex has made his bed, if he is unhappy in it then he should leave and file for custody of his other two children.

She is clearly either not quite right in the head or just plane evil, to leave an EBF child for so long is abuse, and surly your Ex has worked out that normal people do not behave as she does, he needs to keep records that he is in an abusive relationship and leave taking the children with him and getting a tin of cow and gate on the way out of the door.

Report her to the police, at least then something is documented and please keep her away from your child

CouthyMow · 07/08/2012 17:03

Of course I WON'T send him to his dad's, but I'm petrified of being hauled into court with Judge Misogynist and being put in prison for 6 weeks for breach of court order, as I also have 3 other DC's, two with SN's and medical issues.

I HAVE to bear them in mind too!!

OP posts:
RoomForASmallOne · 07/08/2012 17:40

I agree with posters saying make a police report too.
In case you don't hear back from SW straight away it will all still be documented so will cover you wrt court.
It should help put your mind at rest a bit??

I feel for your DS coping with all this. He sounds a great boy Smile and seems you have a great relationship with him.

cantfindamnnickname · 07/08/2012 17:41

Get yourself to the Court and make an urgent application to vary/suspend the Court order - apply on an ex-parte basis - ie fill in the form and ask the Judge to hear you immediately.

Explain to the Judge what has happened and that you do not want to be in breach of any order - you have called SS and you have bought this to the attention of the court.
ask them to suspend the order for contact until further hearing.

You CAN do this yourself

RoomForASmallOne · 07/08/2012 17:47

Excellent advice cantfind

TheWonderfulFanny · 07/08/2012 18:30

And look on the bright side - the misogynist judge unlikely to give quarter to the sm?

Flyingwithoutwings · 07/08/2012 22:16

Oh I hope you hear from SS tomorrow. Good advice about the court. I didn't know you could do that, makes sense that you can as circumstances can change quickly.

The ebf baby is a real concern. Can't imagine doing that! I didn't let my DS out of my sight until he went to nursery. Mainly because of bf.

You sound like a wonderful, patient mum.

Big hugs x

CouthyMow · 07/08/2012 22:35

Cantfindmynickname - if I don't hear from SS by noon tomorrow, I think I will take your advice. I didn't know that was an option, so thank you.

No, I haven't spoken to DS1's dad, SS advised me not to, as it would "Give them time to work out what they will say to the SW" rather than just answering the questions as they are put to them.

OP posts:
TheWonderfulFanny · 07/08/2012 22:37

Good luck, shall be thinking of you

CouthyMow · 07/08/2012 22:37

A complete nutter is more polite than what I call her in my head, though I would never say it out loud as I wouldn't want DS1 to hear me.

Though he did call her an evil bitch and the spawn of Satan when he came back...

I didn't even tell him off for swearing, even though it's the ONLY time I have ever heard him do so. Blush

I didn't agree with him out loud, but I didn't tell him off either...

OP posts:
MammaTJisanOlympicSumoWrestler · 07/08/2012 22:54

Just found this thread.

Your son is awesome!! What you are going through is horrendous.

Good luck with getting it sorted, it sounds like it is not going to be easy. Please keep us updated if you can.

birdofthenorth · 08/08/2012 07:42

Has his SM always been like this? Just thinking she might have PND, and if so, treating that could help reduce the risk?

Your DS sounds amazing I must say. What a lovely helpful boy. I'm sorry he's been through this.

RabidAnchovy · 08/08/2012 08:50

Well if your Ex leaves the mad bitch and gets himself in front of the misogynist judge he has a good chance of getting his other two children living with him.

CouthyMow · 08/08/2012 09:01

SM always been like this, but got worse as soon as she fell pregnant with the 3yo, so she would have had to have pre-natal depression, postnatal depression, pre-natal depression and then postnatal depression again if that was the case...

IMO, it's to do with her own upbringing, and how strict her own father was, having heard some of it.

OP posts:
CouthyMow · 08/08/2012 09:03

Rabid, yes, but HE has to be ready to leave HER. If he's not, then no amount of anything will make him, will it. I only have to look at my friends that have left abusive relationships to see that they won't leave until THEY are ready.

OP posts:
Flyingwithoutwings · 08/08/2012 09:07

You are right. A family member of mine was in an abusive relationship for over 10 years. The last few of them were awful, she'd kick him out, take him back, kick him out etc etc.
She finally kicked him out about 15 months ago... But it took her bravery, not us telling her. It was the most frustrating time ever, and so wry worrying.

CouthyMow · 08/08/2012 09:16

I'm waiting till noon for a call from Social Services. I wouldn't mind knowing whether you have to pay to do that form at the court to suspend the court order?

OP posts:
CouthyMow · 08/08/2012 13:07

They rang me earlier, they are coming out to speak to me and then DS. This is nerve wracking but it has to be done to keep him safe.

OP posts:
CouthyMow · 08/08/2012 13:07

They're coming at 2pm.

OP posts:
GrasshopperNchipmunk · 08/08/2012 14:49

Hope it went ok OP?

CouthyMow · 08/08/2012 15:24

The SW is still upstairs talking to DS.

OP posts:
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