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Legal matters

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Ex threatening court action even though I don't deny access

69 replies

JoJo2106 · 09/01/2018 12:05

Sorry if this turns out slightly too long but desperate for advice Sad

My baby boy is 4 months old now and I split with his dad when he was about 2 weeks old, I ended it as I was so unhappy and had been for a long time and it was a volatile relationship full of constant arguing. Once my son arrived I knew I didn't want this around him. We were unmarried and never lived together. If anyone is wondering why I had a child with him it was VERY unexpected. I had breast cancer 10 years ago aged 29, had chemo etc. Then developed endometriosis a couple of years later and it was thought I could never get pregnant again (I have a 19 year old daughter) so after 4 years of been together and nothing happening it was a big shock to be pregnant. I coukd NEVER have an abortion so went ahead but decided to end the relationship.

Anyway my ex is now very bitter as we are not the family he thought we were gonna be. He has always seen my son and has him both days on a weekend for a few hours each day and has done since he was tiny. My son has been poorly for almost 2 months, started with a bad cold and cough then developed bronchialitis which have been at a&e around 4 or 5 times over a few weeks and have even had my ex with us a couple of times. Bearing in mind my son is only 4 months old so this has been half of his life he has been ill an there has been certain days I have told my ex my son hasn't been well enough for him to have him that day so the access has maybe been a bit erratic past few weeks. There has been lots of nastiness an arguments via text over the last few months so things were already hostile. He has now told me he has seen a solicitor an will go to court if need be as he wants official days an times put down, wants overnight stays? also wants him for a week or more in the summer and has said he wants alternate Christmases. Says his solicitor has told him he could take my baby now for overnight stays if he wants even tho he has never spent more than a few hours at a time with him, doesn't know when to change his nappy and often brings him back soaking and has brought him back in pooey nappies at least 4 times. Doesn't know how to settle him when he's screaming his answer is just stick him in the car an take him for a drive. When my baby was days old and we were still together he sat up evety single night drinking while looking after him. He drinks every night it's 1 of the reasons I ended it aswell, he also smokes weed an has done for years. Says he's stopped now an won't do it again but that's cos I have brought up drug tests if going to court. I do not want my baby staying overnight with him when he can't look after him without a can in his hand. I have said I think both days on the weekend is acceptable an it's only cos my sons been ill for so long it's been erratic. I also said he could see him a few hours Xmas eve, a few hours Xmas morning then me have him afternoon an he can have boxing day. Said he will not budge on alternate Christmases. The thing eith my ex is he is one of these know it alls an likes to be right so its very hard to reason with soneone like that.

We have to attend mediation first before any talk of court. It's gonna cost thousands to drag it through court and I am at the moment on benefits. I have a meeting with a solicitor on Friday which is costing £120. It's gonna cripple me. I don't know why he's doing this an can't just be happy with what we were doing. I wouldn't mind overnight stays when my son was much older and could understand more but I do not trust the man with my baby overnight not when he is clueless what to do with him and the fact he drinks while looking after him. He is just totally bitter am feel he's doing this to get back at me in some way.

Just want some advice from anyone who has ever been through the courts for this and what is usual access courts grant to father's in this situation. My son has never left my side apart from when he takes him a few hours and he screams sometimes then probably wanting me. He wouldn't cope a night away from me. Can anyone advise ?

OP posts:
glenthebattleostrich · 09/01/2018 21:43

Agree you are best posting in legal.

But to clarify, your major concerns are:

Alcohol and drug use
Failing to care for child adequately (not changing nappy, soothing appropriately)

I understand you don't want to lose Christmas etc but at some point you may have to, whether that is fair or not is another argument.

I would suggest setting up an email account just for communication with him. List your concerns concisely to discuss with your solicitor and try to put together a list of dates your ex has had time with your son. If possible also not any issues there have been. A clear timeline will help things flow better in your meeting with your solicitor hopefully.

And just a final note, have those complaining about you referring to your son and your son never used that terminology for their children? I regularly call my child my DD, and her father and I get on very well (he's currently sitting on the sofa beside me) because she is my child just as she is his child! Please remember you are dealing with an upset new mother and perhaps think about how you put things, there is no need to be arsey.

JoJo2106 · 09/01/2018 21:53

Thank you I have posted it on legal matters I hope that's the correct one?

The thing is he already has plenty time alone with him he has had him every weekend practically since he was born and he is 4 months old and he still often brings him back in dirty nappies. Doesn't really know how to settle him other than taking him in the car to quieten him down. He has never bathed him in his life, never sterilised bottles. My ds seems to sleep a lot of the time he has him so he doesn't have to do much work with him. That is because he always takes him in the car and he falls asleep and then he just leaves him in his car seat when he brings him back inside to sleep. He hasn't a clue and I don't trust him looking after him if am honest and I definitely would not trust him to do overnight stays until my ds was a lot older.

OP posts:
JoJo2106 · 09/01/2018 21:59

Thank you for that. I feel like I can't call him my son on here now lol. Wasn't saying it to indicate he isn't my exes son too but he is my son and people do refer to their kids as that. I have posted in legal so hopefully get some help there. I am totally out of my comfort zone here never had to deal with anything like this before. I am already so stressed and ill and not even seen my solicitor yet. I just can't function properly and I have a young baby to care for aswell I am at the end of my tether Sad

OP posts:
LornaMumsnet · 10/01/2018 08:35

We're just sending this thread over to legal matters at the OP's request. Flowers

RedHelenB · 10/01/2018 10:21

Not to alarm you but given you are Ff then overnights may be granted. After all by the time this is all sorted he will be coming up for 6 months and weaning. If he has him for a longer stretch he will have to amuse him change nappies etc. If he really is a shit parent he will start looking for excuses not to have him so much!

JoJo2106 · 10/01/2018 18:38

That would have to be built up over a long period of time he's over 4 months now and he's unsure of correct time to change nappies etc & has brought him back in dirty nappies at least 4 times. He wouldnt have a clue about weaning him either. And I would not be handing him over to him unless I knew for a fact he wasn't drinking or smoking weed. Ds is very restless at night an stirs quite a lot through the night and my ex drinks while in charge of him. He wouldnt settle away from me I know that for a fact. I'm not saying he can never have him overnight but ds would need to be a lot older and understand where I was as he is so clingy to me.

My ex has got annoyed cos ds has been ill for such a long time and his contact has been a bit erratic but my son had been ill for weeks. He's a lot better now so if ex had just had the patience things would have got back to normal and he would have went back to his 2 days on a weekend. He can't see him midweek but that isn't my fault. To be honest he gets more access than some dad's do with older children. Ds is only 18 weeks so I don't think it's that bad really. If he proves he keeps off weed and majorly cuts down his drinking then could talk about working up to overnight stays in time. Mediation might work for us but who knows?

OP posts:
RedHelenB · 10/01/2018 18:48

Mediation wold be best as tbh courts won't really consider clinginess to you as a factor as babies are leither at nursery etc at that age for long periods.

JoJo2106 · 10/01/2018 19:15

It's the alcohol and drugs I'm more concerned about. I don't know any mother that would hand their baby over to someone like that weather its the child's dad or not. Child's safety comes first. He honestly doesn't want it to reach court he's told me as much so fingers crossed for mediation

OP posts:
BubblesBuddy · 11/01/2018 19:33

Do give mediation a go. Self representation at court isn’t easy, despite what people tell you.

kittensinmydinner1 · 11/01/2018 23:04

We have self represented at both protracted child arrangements hearing (contact) , followed by numerous enforcement hearings AND successfully defended an application to remove. All self represented. Not at all difficult.

kittensinmydinner1 · 11/01/2018 23:05

Just make sure you tell the court your drink /drugs issues with ex.

JoJo2106 · 11/01/2018 23:43

Been speaking to someone I know tonight and she has shocked me what she told me. Her ex is a total coke head and said he still got access. She said they don't seem to think drugs are that much of a serious concern & said they are all for the dad's nowadays. Surely that can't be right?

Got an appointment with a solicitor tomorrow morning so will see how it goes. My ex has been texting me yesterday saying he would prefer it not to go to court and that he'd rather sort it in mediation if we can. I offered to sit an talk face to face on our own but don't think he's keen bit knew he wouldn't. Seems to be backing down a bit as he's said at least 3 times now he doesn't want to go to court. Probably because I have told him if he is drugs tested an it is positive it's not gonna look good. But after what this girl I know has told me about her ex on coke an not too sure now.

OP posts:
Mummygettingthroughit201 · 28/04/2018 08:35

Hi, I know this post was a while ago! But you have described my EXACT situation, and I feel like I just don’t know what to do!! Like you this is going to the courts etc for contact I am giving, but my issue is the overnight stays for such a young baby. Please can you tell me the outcome you had?

Twiggy66 · 11/09/2018 15:17

Hi you may laugh but im really unsure about this. Split from my ex 3 years ago and never stopped access to 3 kids. Kids have asked can we stay at dads house so i asked him to change the arrangement of 6 hours on a sunday which was agreed in mediation to friday pm after work for him to sunday pm and was shocked when he said im taking you to court to get it put in writing that i only have kids for those 6hours on a sunday no more!! His reason is that he wouldnt have any time for himself and he thinks i would benefit from having free time and he wouldnt! Can he punish the kids like this Because he wants to prevent me having any down time? Would a court put in place his “no more under any circumstances” he has also said even if im ill in hospital which i have been recently he wont step in to cover that time. Can he do that to his kids in court? He said all this in front of his kids so they know how he feels and they havent said anything about it but i saw their hurt faces. Please advise

prh47bridge · 11/09/2018 17:47

He is being ridiculous threatening to take you to court but if he only wants 6 hours each Sunday you can't force him to have more.

Marlboroandmalbec34 · 13/09/2018 08:22

Op if you are still here please let us know the outcome x

averythinline · 13/09/2018 08:33

He is backing down from court as hes realising he is not going to get anywhere and will have to pay...I would call his bluff....in writing say he can have x/y time until DC is x age then will review.... in dc interests
mediation sounds pointless....face to face is unlikely to be better, establish distance between you..
if he doesnt go for it then he can take you to court and you have offered...
he is dc father and dc has the 'right' to relationship so if you can think of a reasonable access for now whilst DC so small
please make sure you have gone to CMS as well..
understanably this is hard but you need to try and manage the emotion - email is your friend as you have time ...

fuzzywuzzy · 13/09/2018 09:00

I’ve always heard with babies, little and often contact is recommended. I cannot imagine a court actually giving him what he’s asking for currrently as your son is so very young (never mind the drugs and abuse issues).

Speak to your solicitor and come up with a contact schedule you’re happy with. I actually think your current suggestions of every weekend and splitting Xmas etc is sensible and practical. Obviously subject to review and change as baby gets older.

I would also definitely point out drug and drink abuse and say he is unable to care for your son during the short contact he currently has by never changing nappies.

Be factual and keep a diary of contact he has had and the state he’s bought the baby back in.

I’ve never ever let me dc get so badly soaked thro nappies and I change pooey nappies immediately otherwise babies get nappy rash. Doesn’t make me mum of the year or terribly experienced, doesn’t every parent do this?

HowCanThisBeRight · 13/09/2018 10:36

It will not cost if he takes u to court. Represent yourself.
You'll only have to pay the mediation. You don't need a solicitor

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