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Legal matters

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What happens now **Trigger warning**Child abuse**

11 replies

Somesortofzilla · 19/11/2019 16:07

Ok, this is long I NC recently but been around a while. I will do my best to not drip feed but obvs need to be careful not to give out too many details as it could be outing. I am hoping to get advice on what happens next, or from anyone who has been through similar, thanks! DS1 is 8 and DS2 is 4.

Separated from my children's father over 2 years ago. Had to get a barring order due to him assaulting me after I told him I wanted a divorce. He maintains to this day that I over reacted by getting a barring order. obviously there was a history of DV, SV, EA and FA that supported me going to court, but he was angry that I essentially "told on him".

Anyway order for access and maintenance put in place, unfortunately the judge said that if we agreed to changes between ourselves that was fine, queue 2 long years of trying to stand up for myself as he took this as a carte balnche to push his wants and needs onto me and the children. I found this particularly difficult and even harder when he would ask in front of the kids and try to get them on side with the changes he wanted. this is a brief back ground and I'm happy give more details if needed, basically he became Disney dad extraordinaire, cancelled access at the last minute, never took them if they were sick on his days and only wanted to spend time with one at a time as he found having both together difficult. They were never fed anything other than takeaway, never had to brush their teeth, kept the clothes I'd sent them in and send them back in clothes that were too small, bought every new toy or gadget they glanced at. Nothing you wouldn't hear of 100 times over from other parents in a similar situation.

In the briefest terms possible DS1 and DS2 have both accused their dad of hurting their privates, they made these revelations to their teachers so a SW was contacted immediately. The police are now involved, rightly so.

Once I was told of what the kids said I stopped access and refused to hand the kids over, I took days off work and stopped sending them to school for the first week in case he tried to take them out. He turned up at the school every day and just waited outside. As there is an access order in place I was told that they had no choice but to hand the kids over to him if he turned up. He is a legal guardian and the has a court order giving access. I have a solicitor who applied for an emergency hearing to temporarily suspend access pending investigation and was given a date in Dec to attend, shit you not. In the meantime he has had a summons issued for my refusal to hand the kids over. The judge has told us he will hear both applications on the date I was originally given. In the meantime he's accusing me of all sorts, beating the kids, starving them, force feeding them, making up lies so they accuse him. I didn't make these accusations, and none of it is true but his solicitor sends one of these mental letters every week. He wants me to supervise the access and he wants me to sit down with him and sort it out without the police or SW involved.

SW has told me that since I am keeping the kids safe we are not a priority and this could all take months before they even talk to the kids.

I feel lost and helpless. he's refusing to allow the kids to go to a play therapist, he refuses to pay for supervised access and on the weeks I can't pay for it they don't see their dad.

So what happens now, do I have to fight him off for the foreseeable until a SW can come talk to the kids? Will the judge listen to his madness? How do I prove that what he's saying is lies but what I and the kids are saying is true? Will I be waiting months? What happens then? How do they decide who to prosecute? Is it worth putting my kids through that?

OP posts:
meroyah · 19/11/2019 16:18

So so sorry to hear OP.
My sister had trouble with her ex physically abusing the children and SS told her that she is also responsible for keeping them safe, including not sending them to his house if he is deemed a danger to their well-being.
I would assume here that if these allegations have been made then you are well within your rights to withhold visits until it has been properly investigated and his risk to your boys has been assessed (this is not your job, you just have to keep them safe as you are doing). It is his job to contact SS if he wants to see them, you are not his secretary nor personal assistant to organise his life.

meroyah · 19/11/2019 16:20

Unfortunately SS are quite slow with communication, even in extreme cases. Most of the chasing has to be done by the parents/people involved. If he asks to see the children, tell him the police are involved due to the allegations and to speak to the police or social services in regards to contact and the investigation.

meroyah · 19/11/2019 16:21

Otherwise, OP. Stay strong. Flowers

Somesortofzilla · 19/11/2019 16:33

thank you @meroyah I'm sorry your sister went through that. Did she have to go court as well? Did she have to amend an order? I'm just curious if she had a difficult time or the courts were well and truly on DC's side!

I'll be honest, I'm questioning myself, the fact he's allowed have a summons issued considering the accusations is just bizarre, but I don't pretend to be an expert when it comes to these things! We are due in court in just less than a month, and the mental strain is really getting to me.

On the positive side the kids are in great form and have started eating properly again, sleeping through the night, basic things.I'm struggling to shield them from all of this

OP posts:
PurpleFrames · 19/11/2019 16:33

I felt physically sick reading this. I'm so sorry for you and your chidlren. Just know you are doing the right thing protecting them and stay strong x

Doyoumind · 19/11/2019 16:37

Post in Legal Matters, OP and you might get some expert advice. Sorry you are going through this.

meroyah · 19/11/2019 16:39

@Somesortofzilla she didn't have to go to court as it was 'just' him slapping the children - inexcusable to slap a 10yo and a 14yo IMO. SS advised family therapy but it was unaffordable so was left at that. Her ex then made attempts to see the children after a couple of months with no contact and the children were asked about what they wanted to do etc.

I think technically as an order has been breached, a summons can be sent HOWEVER due to the circumstances, the courts will take this into account.

Have you contacted the police to ask about the investigation? What have SS said re visitation? You could call and ask for some clarity that what you're doing is supported.

By the sounds of it, your two boys were really suffering from this so perhaps no visitation is the best thing for them at the moment.

Please keep us updated as best you can, feel free to PM me even for a virtual cup of tea and a chat!

Know you're not alone in any of this and you're doing a fantastic job of doing what's best for your two lads. Big hugs.

Starlight456 · 19/11/2019 16:53

I was told by a solicitor ( though no court order in place at the time) I could stop access as I had concerns about my ds’s safety..

I agree get this thread moved to legal

Why does he need to agree to the play therapy?

I wouldn’t even bout the children in supervised access . Why should they have to regularly face someone abusing them

Fuckenstein · 19/11/2019 17:57

Are the police involved? I would put in writing that there is no contact until the investigation is complete and just ignore him. If he turns up at the house call the police. December is just a few weeks away, be strong.

Do you have support in real life?

Somesortofzilla · 20/11/2019 10:22

Sorry for the delay in coming back, real life an all that!

@meroyah that's disgusting! I know what you mean though, I honestly feel like I'm over reacting sometimes. But i suppose they deal with far worse everyday. Your sister sounds amazing, it's hard doing the right thing when they can use the system as a stick to beat you with. Thank you xx

I've spoken to police and have a contact in there. they said they have a specialist unit who deal with these cases and will make an appointment to have someone speak to them. But that's all I've heard. I have spoken to the SW and left messages but starting to feel like they won't do anything. They have all said the same re access, only a judge can remove the order. if he took the kids, it won't look good, but legally he is entitled to and no one can stop him doing that. I'm constantly living on edge.

the sad thing is they love their dad, they like the contact center and have not once asked to go to his house, and the suggestion was met with tears when I asked if they missed having sleep overs, but they are so young. They don't see how wrong all of this is.

@Starlight456 my solicitor told me the same but also said I was still breaching the order. Given the seriousness of what the boys have been saying you'd think it wouldn't take 3 months to get in front of a judge, or that they would entertain his request for a summons! I'm scared the judge will listen to his "poor me" bs and I'll be ordered to hand the boys back to him unsupervised.

As for why I agreed to supervised access, my solicitor said the court would probably order it and the last thing we want is for his family to be allowed supervise (he's asked) his sister is a known addict and his brother, is vicious, neither have ever been prosecuted so nothing I can show the court if that makes sense. At least with this in place it will show a pattern and somewhere the boys are comfortable to go to, they will be unlikely to over to family supervision in that case. If I supervised access, i'll be honest, I couldn't protect them, he still scares the shit out of me and having to be alone with him for a couple of hours every week with the kids terrifies me.

@Fuckenstein my solicitor has sent his similar in writing, SW has also advised removing access completely wouldn't be in their best interest, and asked me to consider supervised access. He didn't see hem for almost 2 weeks until I had it set up.

I have support in real life, i have to, I have never dealt with anything like this, and neither have my family or friends. So they're asking me what happens next and I'm just standing there shrugging. I don't know, I don''t know what to expect. The last time I faced him in court I just broke down crying, he's now sending letters through his solicitor saying that I'm clearly having a breakdown and threatening to go for sole custody.

I'll ask MN to move to legal, but I'd like to post on here for a handhold too if anyone wanted to stick around.

thanks everyone Flowers

OP posts:
BabyCountDown · 20/11/2019 15:30

That sounds horrendous, we'll done on having left him and trying to keep your DC safe.

May be worth contacting Women's Aid & the NSPCC to see if they can provide any guidance while you have the long wait to see the judge Thanks

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