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Mediation or court ?

9 replies

beingniceiscool11 · 25/05/2019 14:29

There is a current CAO in place which was a result of my ex partner taking me to court for shared care of our daughter - I had always been primary carer, but she saw him regularly, until I had concerns about his abusive actions due to disclosures our daughter made to me. In light of his abusive treatment of me - verbal, physical and psychological during our 3 year relationship, I believed what my daughter had said, and at advice of SS, stopped overnight contact - it seemed to be this stressful time of parenting that he was losing his temper at and I felt our DD would be settled not to do overnights and wait for him to finish anger management course which he reluctantly went on.

She was far more settled and started sleeping through the night again when she was just doing overnights with me, and seeing him every weekend in the daytimes. I did want to have some weekends with her though especially as she was due to be starting school.
However Ex alleged that I made unilateral decision to move and said that I was obstructing contact - although he was seeing her every weekend and although he had agreed to me moving and was well informed about the move. This seemed to just be a reason to take the matter to court for him.

Cafcass said although there was a low level of abuse they recommended DD go to him 3 nights per week - which was a complete change to what she was used to, and she was just about to start school. I feel they were unfairly biased towards my ex and believed all the things he lied about to make me look bad, and ignored the fact that he had been saying upsetting things to DD throughout court case such as that Mummy was a liar, and certain things were Mummy's fault.

Although I initially straight away raised concerns straight away on C100 in response to his CAO application - to explain why I felt necessary to stop overnight contact - he didn't have any initial concerns, but then as the case went on and he thought he may not get what he wanted, he started saying he was concerned and accusing me of things, twisting things around.
This whole experience was very traumatic, to not feel I was believed or taken seriously...my lawyers were not very good I feel, they seemed to want me to just agree with him and said I can always bring it back to court if it doesn't work.

I agreed under immense pressure to av. 2.5 nights a week and decided to have a positive mindset about it for DD and hope that maybe ex had had some realisations about managing his anger, and hoped that one he got what he wanted he would stop saying negative things to DD about me, and things would maybe be more harmonious, I just wanted the court experience to be over and was under so much stress.

Contact was fine at 1 or 2 nights a week and I thought it was going well. Once it started to ramp up to the maximum schedule though, DD started to become incredibly clingy, have separation anxiety from me, would be incredibly emotional and have huge meltdowns and started having night terrors and nightmares again every night.

Co-parenting with him also started to become very difficult the more involvement we had with each other, the more contact etc by email text and contact book - he has used almost every issue to do with DD that he can - school lunch menus, school music lessons, drop offs and handovers, illnesses etc to put me down, make conflict, criticise almost every aspect of my parenting and decision making, subtly accusing me or blaming me for things he's actually done himself, chastising me & gaslight me - continuing psychological abuse. No matter how civil I am with him or positive or boundaried I try to be, he will not communicate honestly or respectfully. And snaps at me in front of DD at handovers. So I cannot co-parent with him sadly.

He has also broken the court order at least once and refused DD phone contact with me. He is being like how he was in our relationship - jekyll and hyde - super nice and then subtly nasty, demanding and controlling, it's been like a rollercoaster.

Then DD made more disclosures of him being abusive/losing him temper at her / frightening her etc. Ever since I brought this up with him, he has been even more difficult - pressuring me to go to mediation - asking for me to sit in a room with him - not shuttle, which is the only way I would consider mediation - /threatening to go back to court as he wants to now ask for more time with DD and wants to have bits of the court order removed/changed that he finds inconvenient (like arranging phone calls or Facetime with me for DD whilst she's with him).

Do I take the matter back to court and run the gauntlet of being painted as an alienating, obstructive, lying, bitter, jealous ex like he did before and that CAFCASS will believe him? Or do shuttle mediation, where he has already stated he is not willing to compromise on what he wants ? So he's using mediation to try and pressure me, not to try and compromise.

I am so scared of going back to court and having the same thing happen, and him being given more time with DD when she is not currently coping now and co-parenting is not working. This will damage her emotionally I feel. As well as his abusive temper explosions with her and being negative to her about Mummy, which she still cries about. She has also started making fun of me and when I ask her why she is treating me this way she says "Daddy makes fun of you all the time and I copy him because he's my Dad and he's older and bigger than me" (again this is him breaking the court order).

Any advice much appreciated. Sorry for the length of post.

OP posts:
ScabbyHorse · 25/05/2019 15:54

It sounds incredibly stressful. Can you go to the CAB and ask for advice? I did that and they were really helpful and it was a similar situation to yours.
I did mediation with my ex and the mediator quickly saw that he was abusive and said it would not work if one parent is abusive.

beingniceiscool11 · 25/05/2019 16:11

Thank you... yes I could ask them.. and perhaps will call rights of women again. It does all feel a bit like a catch 22 though :-( If I say I have concerns and feel contact should be restricted ie. that she see him regularly but not for 5 or 6 day stretches in his sole care (eg. half term, holidays) then even if I have legitimate concerns, I am worried CAFCASS will just paint me as the controlling and difficult one...

How did your situation turn out ScabbyHorse ?

I want to do the right thing for my daughter and I don't want her to grow up and ask me "why did you never stop Daddy frightening me / doing those things to me". I have a friend who went through this as a child and she is still so damaged as an adult and struggles to have healthy relationships and self esteem as a result of a frightening and abusive father - he wasn't like this all the time 24/7 but enough to cause her serious emotional issues as a teenager and adult with lasting effects.

The mediation we initially did years ago with us both in same room was incredibly stressful and he even slammed his hands into the table and demanded I add dates to my diary. The session was 3.5 hours long with only toilet breaks, he kept reminding the mediator that he was paying for all of it (even though I had legal aid) and was charming and joking with her... she never stopped it or said it was inappropriate ...I was too scared/young/unconfident to stand up and say "I'm not doing this". She made it sound like I had to agree to what he wanted.

OP posts:
BubblesBuddy · 25/05/2019 17:17

I do not know if this is true, but I am informed, via a family barrister, that many mediators are, in fact, family Barristers. You might not get a judge if you are not allocated a court of that level. You might get a magistrate. I am also informed magistrates can be poor and make odd (wrong) decisions as they are not trained sufficiently. Therefore a barrister mediator would be the preferred route.

JustAnotherLawyer · 25/05/2019 20:34

What do the school say about your daughter?

beingniceiscool11 · 26/05/2019 07:53

They said they don’t see a difference in how she is no matter who picks her up... but the teachers don’t exactly look at each individual child’s face or demeanour as they walk out to a parent, they’re just calling the next couple of children to go out... One of the TA’s did say she noticed she has a rapid heartbeat whilst she helps her get dressed ... this was right in the midst of DD telling me that her Dad was physicaly abusive to her whilst getting her dressed.

Thing is she loves her Dad, no matter what he does he stills plays with her and is really nice (often straight after an abusive outburst) so she is confused because the abusive outbursts are not every day, but damaging when they happen. Then he pretends they never happened or actively tells her they didn’t happen she mentions them to him or tries to tell him how she’s feels. Hence her telling me and saying “can you tell Daddy to stop?”

He’s overly nice to everyone in outside world and wants to show the image of devoted Father because he loves to get attention and look good, then he reserves his explosions for at home whenever he can’t handle certain aspects of parenting - eg. Her tantrums, night-wakings or her sensory processing difficulities

OP posts:
beingniceiscool11 · 26/05/2019 07:57

Also she did tell the TA about this abusive incident but because she prefaced it with “Mummy told me to tell you...” they had to discount it !! So made no safeguarding concern report.
Even though I told them yes of course I told her to tell her teacher ... she kept asking me “can you tell Daddy to stop?” I knew he wouldn’t if I simply just asked him, that he’d deny it and all hell would break loose from him in revenge towards me (which it now has since I told police & he was made aware of what DD said)
So I said to DD “you need to tell the teachers how you feel if you’re feeling worried about this at school”
So she did..
And they discounted it.

I want to talk to headteacher about it all really... they all think he’s a “lovely guy” so probably don’t believe DD / me.

OP posts:
paintwater · 26/05/2019 08:02

I’m in a very similar position, you have to attend an MIAM before you reapply for court so you can get the page on mediation signed by the mediator. The mediator in my case said that there was no point trying mediation and just to go back to court as anything agreed through mediation can’t be enforced unless you go back to court to make it official anyway

CrotchetyQuaver · 26/05/2019 08:15

I had mediation for a different reason and he was a barrister. He was also very perceptive and open and by the end of the day (shuttle) he realised my perception of the other party was spot on. So I'd say specify a barrister if you go to mediation. I hope you can get it sorted Thanks

Chocolate50 · 26/05/2019 21:56

I would try mediation. Try to avoid court its really stressful.
I feel bad for you & your DD & wish I could suggest something with an easy solution but sadly you might have to go through it

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