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Legal matters

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Take this to court/mediation or leave well alone?

10 replies

TheNightIsDark · 12/12/2013 21:56

I've had to name change as this will all massively out me.

This may be long but hopefully someone will be able to wade through it and advise. I'm really desperate.

DSD is 6.5. When she was 4 months old her mother dropped her off with me and DP for weekend access and didn't return for a fortnight. She then took her back for a week before saying she couldn't cope and left DSD with us. After three months DP asked if he could put the child benefit and tax credits in his name or if XP could give him the money each week as we were struggling a lot. She refused. He contacted tax credits and she took him to court for residency. DP was awarded residency 3 times. Each time the court 'battle' was triggered by him asking her to sign over the benefits.

When DSD was 2.6 we found out that I was pregnant. This coincided with the 4th trip to court (when DS was born). DP forgot to phone back CAFCASS and so they put in their statement that they didn't feel he was responsible enough to deal with full time parenting and DSD went back to her mum. During the long court process DSDs mum accused DP of horrific things such as sexually abusing DSD (based on DSD having a urine infection), beating DSD etc (none of this was true as the court realised).

The court stated that DP would have every weekend access fri-sun until DSD started school when it would be reviewed. When she started school DP and XP agreed between them that it would be EOW and half of the holidays.

In February XP moved 100 miles away to live with her new partner. DP didn't know that he could argue this so let it happen. We do the 100 mile trip there one Friday a month and take her back on the sunday. XP's new partner does the trips in between so we still have EOW access.

DP has tried phoning DSD in the week to speak to her as he can't just pop in if ok with XP as they are so far away. XP doesn't answer the phone, refuses to respond to texts unless they are about maintencane and so far this school year has neglected to tell DP about 2 parents evenings and the Christmas performances.

We had DSD for 1 week in the summer holidays, an extra day at half term and she hasn't let us know about Christmas yet. Last weekend DSD was writing a letter to her best friend from the area she used to live. In it she wrote that she wants to live here again and that mummy is always shouting and ignoring her. DP has taken a photo of the letter. DSD says she has told her mum she's unhappy, she told her that she didn't want to move and she just gets shouted at.

When she arrives here she is filthy. The bath turns grey, her hair is greasy and her teeth are horrible. She is becoming really anxious, crying at the drop of a hat, very clingy etc. She also says things like mummy says you're stupid daddy etc.

DP doesn't want to rock the boat. Last time he tried to talk to XP about something she went mental as he returned DSD wearing a hat similar to one XP had bought her for Christmas. XP was shouting, screaming and trying to shut the door on DP as he was hugging DSD goodbye. We thought DSD had forgotten this but last weekend she burst into tears when DP went out saying that she didn't want mummy to squash him in a door again.

DSD is always ill according to her DM. When they lived locally DSD was at the doctors everytime she sneezed. She had chickenpox and was sent to us (DD was 5 days old) as XP didn't want to deal with it and told DSD (3 at the time) that if she picked her pox she would be horrible and ugly!

DP would love her here full time again. I know it's not that likely and she has already had a great deal of upheaval. He has decided that in the new year he needs to do something though as it feels like we are increasingly being cut out of DSDs life.

What, ideally, we want is half of the holidays, a weekly time that DP can phone DSD and catch up with her and just a more formal agreement. He is really gutted that he has missed her school performance and we have no idea about her progress because we were not told about parents evening. DSDs mum flies off the handle at the smallest thing and we are worried about reprecussions for DSD. I passed my driving test in June yet am not allowed to ever drive DSD in my car as XP doesn't feel I have had my license long enough. This means that my elderly FIL is having to do the trips on days DP cannot get out of work on time.
What can we do? What is best for DSD?

OP posts:
TheNightIsDark · 12/12/2013 21:59

I should add that I have contacted her about Xmas arrangements and she has said she doesn't know as they are going to her sisters at some point. Her sister lives 15 minutes from us. We have booked Panto tickets etc and still have no idea if DSD can come. I'd also like to add that I wasn't the OW. They split (XP ended it) when XP was 6 months pregnant and I met DP when DSD was 6/7 weeks old.

OP posts:
mumtobealloveragain · 12/12/2013 22:59

Wow sounds like a big mess and lots of backwards and forwards and changes in her life.

I don't have the legal knowledge to advise you but one thing I will say..

It's not her mothers job to let him know about school stuff and quite frankly why rely on someone so u reliable! He needs to ring the school and have his name and address and contact details added to her file. He needs to explain the residency situation (best done in writing to the head) and ask to be sent copies of all correspondence, details of parents evenings, school events, school reports etc.

TheNightIsDark · 12/12/2013 23:04

He has asked them to forward everything but they forwarded two lots of homework and then stopped. I've found their newsletter online so will be reminding him to check that regularly. He's going to phone the school again tomorrow.

OP posts:
mumtobealloveragain · 12/12/2013 23:19

That's really crap of the school isn't it. I think he needs to write a very blunt letter to the school and include some nice references to the Education act (google it) regarding providing information to the non resident parent.

TheNightIsDark · 12/12/2013 23:31

Ooh brilliant suggestion. Thank you Grin

He's dyslexic so it will be me writing the letter and him scrawling a signature!

OP posts:
RedHelenB · 13/12/2013 07:37

We can't say on a message board but if the child is as filthy & unhappy as you are describing school will have flagged concerns so it may well be worth going for full residency again. i am a bit confused as to why maintenance was ever an issue - loads of mums mainly up & down the country brinbg kids up without receiving a penny from their ex. I think your partner has failed a bit in his duty of care. Sorry to be blunt about it.

TheNightIsDark · 13/12/2013 08:31

Be as blunt as you like. We didn't want to act on a few instances of her being dirty as mum could've not had time to bath her before pick up etc but it's become a regular thing.

The tax credits were because she was claiming child benefit, child tax credits and housing benefit based on her having DSD full time. DP lost his job due to the change of circumstances and we were homeless and couldn't get housed without proof we had DSD living with us. He never once asked XP to pay any maintenance.

OP posts:
millymolls · 13/12/2013 13:22

I'm not a lawyer either but why is your DP prepared to let her stay resident with her mum IF as you suggest she is not well cared for (you mention not clean, hair dirty, teeth not cleaned etc) To me, if that is true that is basic neglect and she should not have to live there! Why is is not fighting for her?
I know things are not as easy as this but imho he needs to be fighting for residency again
I really feel for this poor little girl in the middle of all this.

TheNightIsDark · 13/12/2013 14:09

He's scared. Quite simply the amount of lies XP told last time nearly killed him and he is worried that she might react badly to court and things could get worse for DSD. When she lost last time she came round screaming and trying to drag DSD (9 months or so) out of DPs arms and hitting him.

He has decided that he's going to see another lawyer. He tried before they moved and was told that he couldn't stop them, if it went to court he may end up with less access and that as he's male he more than likely won't get residency. I've since read on here that he could've opposed it due to having PR.

Sorry I know he sounds spineless. We have gotten so used to screaming phone calls every time we have done something the XP doesn't like it's worrying us that she may do a runner with DSD (threatened before).

I'm currently bullet pointing the main issues for him to take to a solicitor.

OP posts:
RedHelenB · 13/12/2013 17:40

Well going back in time it would have been better to have got the residency issue sorted before having any more children & then he could have claimed the tax credits & child benefit after he'd done that. But as that hasn't happened I suggest HE rings the school, asks to speak to the class teacher about his daughter's progress & general well being & ask if they have any concerns. If they have the this will help his case to change residency. If all is hunky dory I think you will struggle until sd is old enough to firmly state she would rather be with her father.

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