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Can this actually be ordered in a court?!

113 replies

CouthyMow · 13/08/2012 16:55

I am asking on behalf of my friend.

Background situation : she has four DC's. Her first two have different fathers to her second two. She split up with the father of the youngest two about 3 months ago.

At the first court hearing, an occupation order was made for her abusive ex to move back into the house. With much help from me, she managed to go back to court, higher court rather than local (different judge, local one well known for being very misogynistic). Got occupation order lifted, but had to let him into the house from 8.45-3.45 every week day, and all weekend every other weekend.

Her oldest two DC's refused to share the house with him from the moment the occupation order was made, and stayed with my friend's mum.

He is making all sorts of spurious allegations about my friend, all untrue.

For the holidays, the order stated he was allowed in the house from 8.45 Monday till 3.45 Thursday. The older girls moved back in as they missed their mum and their younger siblings. The ex moved in with the next door neighbour.

We got Women's Aid involved, who were
horrified. They got an earlier court date, today, and CAFCASS were meant to prepare a report on the effect this was having on the older two DC's having someone who has been abusive to them and very verbally aggressive towards them, in their home. It wasn't complete in time.

My friend has been told in court today that she HAS to leave the house from Monday through till Thursday. Her older DC's (15 and 10yo) can stay though. But they don't WANT to if he is there and their mum isn't there to protect them and stand up for them. She was also told that given his (UNTRUE) allegations against her, the court could seek a Section 37 and get ALL FOUR of her kids put in Foster Care.

My friend is in bits, her ex repeatedly tells her that he is going to destroy her, he will take all FOUR DC's away from her (even the two that aren't his and hate him and don 't even want to be in the house when he is there), and he will take the house away, and he won't stop until she is in the gutter.

Can the courts REALLY do this? It seems to me like they are complicit in his abuse of her!

And she has just texted me to say that her 4-weekly child benefit hasn't been paid today, and she has JUST opened a letter saying that he is trying to get her child benefit.

Please, tell me what I can do to help her, the courts are helping her ex to continue to abuse her she is in bits.

The courts are leaving her homeless for 3.5/4 days out of the week, when it is HER housing association house, HER tenancy, he wasn't even a joint tenant FFS!!

OP posts:
Xenia · 19/08/2012 15:35

I think if her lawyers are not diong it your friend needs to look up the court rules. I would have imagined you write a detailed statement with lots of clear stateements in it and evidence attached attacking every one of his statements - you send it to his lawyer and the court well in advance of the hearing and as soon as you can manage after each statement of his.

CouthyMow · 19/08/2012 16:17

She's done that, but the judge didn't even read it.

OP posts:
Xenia · 19/08/2012 16:20

Perhaps it wasn't drawn up in the same style and form and language as his. It ought to have been read. Wht a mess. Anyway Ih ope it sorts out. He obviously knows exactly what he is doing. of course some fathers are better than mothers and are the right people to have the children but it does not seem so in this case,.

CouthyMow · 19/08/2012 18:19

Believe me, Xenia, I know only too well that the Mother isn't automatically the better parent - I was brought up by a Lone Parent Father.

In this case though, I think the shared care, but NOT IN HER HOUSE, that my friend is offering, is the best solution.

She has no issue with him having the two youngest every other weekend and two days during the week, and half of school holidays, a fairly reasonable offer, she says he is good with THEM, he is just an arse to her and her two older DC's, she just wants the contact to be ELSEWHERE.

I really don't think what she is asking for is so out of order?!

She just wants her house back for her and her older two DC's, and the two little ones when they are with her.

He doesn't work due to ill health, she gave up her PT job when she asked him to leave. She IS doing an OU degree, but she has put it on hold till October in the hope that this is all sorted out. She is planning to go back to work when she has finished her degree.

Which he HATED her doing btw, and would actively try to sabotage things every time she got a bit of peace to study. He'd purposely wake the baby up, or he'd start a row, anything to try to prevent her from studying.

OP posts:
CouthyMow · 22/08/2012 12:36

My friend has just got out of Court. SHE WON!!!

He has until midday tomorrow to vacate her house, then he can have the kids for two hours a day Monday to Thursday, pick up and drop off, so has them elsewhere, until he gets somewhere to live, then he has them Monday morning to Thursday afternoon, she gets all weekend every weekend too!!

She is over the moon. Thank you all for your help, you have helped me to help her IYSWIM. Thanks

OP posts:
MrsJREwing · 22/08/2012 12:43

great news

mysteriouslady · 22/08/2012 12:46

that made me cheer, I am so happy for your friend :), most excellent news.

Kladdkaka · 22/08/2012 12:57

That's fantastic news. I've been following this thread and keeping everything crossed for her. I've been utterly speachless at what's she's had to endure over the past few weeks. I'm so glad that justice has finally been done and my faith in the system is restored.

Xenia · 22/08/2012 12:59

Very good news particularly against someone who has obviously worked the system before in the same way and won with his last wife. So he might well appeal and he will probably continue to hunt for evidence she is a bad mother etc so she will need to be on her toes and keep good records of everything.

CouthyMow · 22/08/2012 13:20

She has all her friends around her to support her. He has been told that he can try to appeal, but that if he does, there is a high chance that he will end up with LESS access than he has under this order, not more, the judge told him that he would not be happy if he appealed as it I'd a waste of everyone's time and legal aid funds!

OP posts:
droves · 22/08/2012 13:39

Brilliant news ! Well done to your friend , her lawyer and thank the judge who this time obviously wasn't an arse like the last one !

Wine Thanks Grin

I hope she and all her children have a long ,peaceful enjoyable ,stress free life in her re-claimed home .

RandomMess · 22/08/2012 19:05

Fantastic news all around Smile

WhoKnowsWhereTheTimeGoes · 02/09/2012 07:47

This is great, I stuck this thread in Watching a few weeks ago because I was horrified on your friend's behalf, so pleased she got a result and well done to you OP for being such a great friend to her

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