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Legal matters

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DS doesn't want to see his dad

6 replies

yayforgin · 02/09/2019 17:37

I know everyone says this but I am a regular poster, but didn't want this to be outing.

Split with EA ex husband 6 years ago. He was vile when we split and bombarded me with threats of serious violence, would regularly scream down the phone at me or turn up at my house (the list goes on) I got the Police involved and I got a non-mol and an arrangements order. He has DS every other weekend, he's supposed to pick him up Friday from school and drop him back at school Monday mornings but has now turned into late Friday night and any time on a Sunday that suits him.

DS is now 11 and hates going. His dad is self employed and works all the time so he either drops DS off with exMIL or drags him along to work (mechanic so DS just has to sit and watch all day) it wouldn't bother me what he does with him but DS is bored out of his mind and isn't actually spending any time with his dad and DS doesn't want to go.

DS has tried to speak to his dad and ask him if they could do things together but now he's older ex has started shouting and screaming at him too, to the point DS is now terrified of him, miserable and really doesn't want to go. He asked to come home early on Sunday (4pm instead of 7!) got screamed at and told "there's no point in me seeing you at all" He walked through the door and burst into tears.

I spent years of being shouted and screamed at constantly so I know this isn't something DS is making up or exaggerating. I can't have a sensible conversation with ex because everything is everyone else's fault so I can't even explain to him how DS is feeling. I know from experience he would shout at me and then blame DS because nothing can possibly be his fault.

I'm so sad and frustrated and I don't know what to do, this can't continue but if I don't send him I'm breaching the court order. Sad

OP posts:
MidnightVelvet9 · 02/09/2019 17:58

Oh your poor DS!

Honestly, I don't know about the court order, sorry. If nobody else who knows more than me answers, maybe consider making an appointment with Citizens Advice or speaking to Womens Aid? I think you need proper real life advice with this one.

NeatFreakMama · 02/09/2019 18:02

I don't know the legal advise here but hopefully someone will. I'm sure they take into account the child's views at some age. Morally though I would stop sending him until he wants to go/ if he does. He shouldn't be subject to his abuse, it's not fair.

JarOfHearts4 · 03/09/2019 10:36

Maybe repost in Legal. I'm not sure but I expect the advice would be to keep a record of his dad's behaviour and how its making your ds feel and then go back to court to try to get his custody reduced. Im assuming he wouldn't be agreeable to any reduction in custody? Something like just having ds for every Friday night after school for dinner then dropping him home Saturday morning. You could sight the fact he works weekends, but I expect if you bring it up it'll just make him want to dig his heels in even more. Could you report his behaviour to social services? I don't know if it would meet the threshold for them to say his dad can only have supervised access and investigation might make ds father more verbally agressive if it fails to produce an outcome that restricts his access. Hopefully posters who know more about the system will reply.

Weezol · 03/09/2019 11:21

yayforgin If you report your first post to MN they'll move the thread in to 'Legal' and you'll probably get some good advice.

prh47bridge · 03/09/2019 15:23

You can go back to court and ask for the order to be varied. Your son's wishes and feelings will be taken into account although that doesn't necessarily mean the court will do what he wants. Keeping a diary may help.

Weezol · 03/09/2019 19:23

Just giving this a bump

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