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Returning to court

11 replies

Fiddlerontheroof · 18/02/2015 21:13

I'm going to make this short, as the long version is epic!

Ex H has refused to make any kind of contact agreement, will only give a few dates at a time he will have the kids, often cancels contact of goes back on his word.

This has gone on for 3 years now, and despite going to court where he was told he simply wasn't seeing enough of his kids, the judge gave him a lecture and gave us leave to walk away and reminded him about his need to stick to his word and be fair and reasonable. So I agreed, in Order to try and build a bette co parenting relationship that was flexible and worked.

He hasn't been, and more so we've got to the point over the last year where one of the kids is suffering emotional abuse from being rejected so much, as am I as he refuses to engage or co parent with me and ignores all communication about the kids from me, won't let me text, email or call him.

It has all come to head where dd made some allegations about his wife, which I tried to deal with sensitively, and his response was to refuse to have the kids for overnights anymore. He also refuses to have them if dd misbehaves.

What's worse is that over Christmas, he was much more reasonable and arranged a week in the summer to have the kids for a holiday..and DH and I booked a holiday for this time, literally I was holding flights onscreen and called him to double check it was all still on....and he agreed. Now it's all off by the looks of it, and I'm £1000 out of pocket.

He only ever has the kids around his work schedule, and only when it suits. I get a list of dates at the start of the month, and he makes me wait to the last possible moment, and then only a month, he won't let me discuss any other dates...and I feel very controlled and unable to plan. I have them 24/7 and have to arrange childcare etc etc for when I work. He won't ever help by taking them to school etc. it's all down to me, and he just pops in when convenient. He lives less than 3 mins from us, no other kids, married to OW.

I've had enough, he has them every Sunday, if it suits him and ditches it if something better comes along and I really want an order that sets it in stone, so he has to have them every Sunday and arrange his own child care on the 4 Sundays during the entire year he works. It will be so much better for the kids to have routine and consistency. Because they just don't know what is happening from week to week.

So, am I being realistic returning to court? I've tried everything..offered countless mediation sessions, all rejected ( have evidence), social worker involvement ( refuses to engage with her, dd is disabled) and using an advocate for my dd who wrote and asked her dad to see her more, ( he called the advocate and told her that it was all rubbish)

He does want to see them, but only on his terms to their detriment. There are also massive issues with his treatment of dd and her mental health. No one knows if they are coming or going anymore, and it's having a huge effect on the kids...dd being referred to CAMHS...

I just don't know if it's worth putting us all through court again. His immediate response will be to refuse to have the kids.

Am I going to get anywhere? Is it worth it? I can't force him to have them, I know that...but I have to get something stable for them, none of us can live like this anymore.

Gosh, this was epic!

Thanks if you've got this far!

OP posts:
Fiddlerontheroof · 18/02/2015 22:07

I'd be really grateful if anyone has any words of advice x

OP posts:
RandomMess · 18/02/2015 22:12

I think I would refuse all contact and then let him take you to court (if he bothers Sad) and then at that point insist on fixed contact only.

Fiddlerontheroof · 18/02/2015 22:20

Thanks, sorry, don't mean to drip feed, I tried that a year ago, and he went 8 months and did nothing...kids were distraught. :( which is why I feel like I have to force the issue x

OP posts:
titchy · 18/02/2015 22:27

Tbh court can't force him to have the kids. It might be better to drop contact entirely and manage their expectations rather than trying to persuade him to have them when he clearly doesn't want to, and they're aware of that.

RandomMess · 19/02/2015 10:11

I agree with titchy he's doing it to control/get at you. He genuinely doesn't care about the dc.

I would drop contact altogether not even tell him just stop getting in touch with him leave all initiating up to him and agree to it or not depending on whether it fits your plans.

It sounds as though the DC are already well aware that he doesn't care for them and so your focus needs to be about helping them come to terms with that.

Fiddlerontheroof · 19/02/2015 18:53

Thanks, it's just the unfairness of it all that I'll never come to terms with, and the fact it's me always dealing with the emotional fall out. He won't bother taking me to court, I'm wondering if anyone thinks it's a good idea then. I'm desperate. His one night a week, is my very much needed respite.

Thanks anyway for your words. xx

OP posts:
RandomMess · 19/02/2015 20:26

I can only imagine how difficult it is for you. I would ask the mental health professionals what in your dds best interests in this situation to let their Dad drift in and out as a Disney Parent or what.

Fiddlerontheroof · 19/02/2015 21:16

Thank you....getting proper mental health support isn't bloody easy either! Xx

OP posts:
moomooland01 · 25/02/2015 14:58

This is my situation now.
My ex took me to court after I withheld contact cause he messed about so much. He cancelled in the end and I was gutted because I really wanted him to have contact.
2 weeks later I filed my own application to court. We have our final hearing this week, he has had interim contact but has cancelled quite a few weekends. I know when we leave the court room this week we will be right back where we started because the court cannot force him to have them.
My 10yr old is struggling with it all now too. I just keep telling myself that one day he will realise that it's his dad that's the let down.
It's an awful situation to be in and I just don't know where to go next.!
I feel for you, I really do.

JillyR2015 · 25/02/2015 19:53

It's very common, much more than women denying men contact despite what the press says. My children's father just about never sees the 5 of them - some are now adult. He pays nothing either. So I have managed the last few years on the basis I have them 365 nights a year which I suppose at least is simple although I do work full time so has been expensive. These men are very silly.

Mind you why does your child feel emotionally abused and rejected. Mine are very happy. It means no complications - just get on with their lives. I seem to be the only one put out by having zero help.

moomooland01 · 27/02/2015 16:42

In response to the OP, I've just returned from court, the order was alternate weekends but we have to be flexible and arrange times etc between ourselves, that it's, the judge wouldn't entertain holidays? Xmas or birthdays etc
Complete waste of time!
Right back to where we started ie, him picking and choosing, save your cash and your sanity! Don't bother with the court!

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