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Childminder withholding info regarding dcs from. Nrp. What's the next step

13 replies

PiggyInTheMiddle19 · 20/12/2019 01:18

My DB is going through court for a cao.
His dcs attend a CM.. His ex won't say which days they go and how they get on etc.
He's asked the cm for this info.. So the previous years attended hours and any wellbeing records..
I can't say why this is needed but it's very important m
Childminder knows him and knows he has PR. however she's is very good friends with the dcs mother. Chances are it's been discussed and the mother has said not to give it as she knows this is going to prove some lies.

The childminder originally said yes and would do that week.. That was mid Nov.. All texts have been ignored since.. ( and since court date has been given for the cao to his ex)

What now. Does he ask one more time theb after so long say, due to no response and withholding important info regarding dcs I have had no option but to take it further?
And go to ofsted?
What's the best approach..

OP posts:
GreenTulips · 20/12/2019 01:22

She’s employed by the wife not your DB. She’s hardly going to risk her income is she? If he was paying half that would be different.

PiggyInTheMiddle19 · 20/12/2019 01:29

She was originally employed by both of them before the split. She then changed the days. He pays his ex cms and extra to cover cm fees and whatever is needed as far as I am aware for both the dcs.
If the school legally have to give him details as he has PR I would of thought she would but maybe they fall under a different category?
May ask the cm we use for dd on how it works but she's off till Jan and wanted a rough idea now. Thanks for swift reply

OP posts:
beingsunny · 20/12/2019 01:40

If the info is needed for the court, can he just subpoena her records?

PiggyInTheMiddle19 · 20/12/2019 03:07

It is. But it's to build up that in the previous proceedings she has lied..
Times saying he can't have dcs as there at cm (in text) .. And they're not as we're with someone else. That's just a small reason.
The main thing he needs is the records of their wellbeing as they're going through some bad changes and have said things young dcs shouldn't know about.

OP posts:
Isleepinahedgefund · 20/12/2019 07:55

I can understand why she would feel awkward giving out previous attendance records - confirming the hours they attend now would be one thing but giving out a historical record to help someone go on a fishing expedition would make me feel uncomfortable as it would be clear I was getting pulled into the "he said, she said".

Personally if I were her I would only deal with the parents as I needed to for the children's well-being on the days I needed to (ie on the days they attend, and whomever picks up/drops off and the emerging contacts as required). Seems like that is what she is doing.

If I were her I also would only provide the information you're asking for if I were required to do so by the Court.

PiggyInTheMiddle19 · 20/12/2019 08:36

Thank you. I've told him to see if she's still got copies on email of her policies etc incase that includes anything relating to this.

He has no issues with the cm. Its not a simple tit for tat. Its to show the DM manipulates things and controls certain aspects to stop DB doing things. And that she's abused the previous CAO as well as it having a major affect on the dcs.

I feel. For the CM caught in the middle however on the other hand she agreed and from when his ex would of seen her DB has been ignored.

OP posts:
PiggyInTheMiddle19 · 20/12/2019 08:36

He's still got copies not she

OP posts:
foamrolling · 20/12/2019 08:42

I think you should find out whether the childminder legally has to give your brother this information before threatening to 'take it further'. Speak to ofsted for advice certainly but at this point you have no idea whether she's doing anything wrong or even if she's allowed to give information like this out.

I was a childminder but thankfully this situation never came up despite having a few families who had split up. They all acted like grown ups and didn't drag me into their shit.

bluebluezoo · 20/12/2019 08:51

I think you need a solicitor. Ask whether she legally has to give you the information in the same way schools do.

Interesting point from pp. is she an employee of his ex, reporting to her only, or does she have a reponsibility to the child and both parents.

If he has pr i would think the legal stance is he has the right to see anything regarding his children. But not a lawyer, that’s who I would go to.

beingsunny · 20/12/2019 09:07

I think he needs to talk to his solicitor, my partner is having similar issues where is ex is saying the daughter is to sick to attend their visit on a Saturday but has attended a 5pm dance class the Friday afternoon, the cancellation is communicated at midday.
He is able to subpoena the attendance records to prove this.

shelikesemwithamoustache · 20/12/2019 09:12

If he has PR, he is entitled to information about his child and she should provide it. It doesn’t matter who pays the fees or made the arrangement. There is some good information on this on the gov.uk Website. What the childminder should do is to stay neutral, not take sides and advise the parents that if they can’t agree on a specific matter, then they should apply to the courts for the matter to be determined.

PiggyInTheMiddle19 · 20/12/2019 09:51

Thank you. He goes away today until Sunday so Id. Imagine he'll chat to solicitor after that? But will. Give him the info you have said

I spoke to the cm I use and she has agreed that as he has PR despite who pays etc she would have to give it just like a doctors or whatever would have to give Info upon request

Its not about being dragged into shit.. I'm sure if a child you cared for is being emotionally abused and used as a weapon you'd do what's best for that child.. Just like a child who had unexplained bruising.

I'll tell him to contact ofsted aswell to ask for advice.

OP posts:
DecemberDays · 26/12/2019 11:30

To be honest, I would leave the childminder out of it, as the court welfare reporter will speak to her if needed.

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