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Ex taking me to court over child arrangements

158 replies

sushipushi · 18/01/2021 16:28

A bit of background info.

I met my ex in university around ten years ago in Exeter. After a year I fell pregnant.

We both moved to my family town 230 miles away so I could be near my family for support. After our son was born, the relationship broke down and I left him. He moved back to Exeter where his job was after he could not stay up here as he knew no one and said he had no support job etc.

For the last 8 years he had made all travel arrangements to come and see our son and pays me maintenance, probably more than CMS calculator states. I have rarely met him for pick ups and drop offs, maybe a handful of times over the years if I have been down his way for work etc. I was happy with this as I don't drive and it keeps my costs down.

Recently, in October we went to mediation as I wasn't happy with him introducing his partner to my son so soon and a few other things. In this my ex stated that he can no longer afford to meet me, he has moved back to his family area which is 250 from me. He also has a child who is 2 years old from a different partner.

In mediation we agreed that I would meet half way on the train. But it's not been working for me. I have to walk to station, get two trains. And then back again. And then again when I get ds.

This was every three weeks and we'd share all holidays.

We went back to mediation where I have now said I am no longer doing the travel. If he wants to see my son then he will have to come and collect him and drop him to me. He said this is not doable due to the 500 mile trip- he states this is too dangerous now as he is older and working a lot it would be unsafe to drive to pick DS up 5 hours then 5 hours back to his. He also states it costs too much and before it put him into a financial rut. Apparently he owed his dad £7k over the years to borrow money to come get our son and hotels etc.

I said well maybe not see him every three weeks and just have him holidays so the travel is broken down. He can pick up from school and then drop him back to me at end of half term. I still want half the summer holidays though.

He is not happy with this and is now taking me to court. The mediator has agreed she can no longer help as I am refusing to compromise with the travel.

Will the court enforce me to meet halfway due to the distance? Will they say he has to take the money out of my maintenance for cost?

He cannot get a train as he would have to get a hotel over night as the train journey is 6 hours long each way.

I'm not sure where I stand as I do not want to meet him half way. It's too long and tiring and costs too much. Please advise? Am I screwed or will the judge say he moved away so it's up to him to come and collect and drop off as that's what most sites say. Thank you!

OP posts:
WINKINGatyourage · 20/01/2021 21:22

I'm sure op wouldve taken bigger steps than mediation if it was a safeguarding risk, don't you?

OP may be unaware it is a safeguarding risk.

WINKINGatyourage · 20/01/2021 21:24

Anyway @TrustTheGeneGenie

Whilst this has been most enjoyable, it’s clear OP is long gone, and we shall never be on the same page so I’ll leave you to it.

Ken1976 · 21/01/2021 12:45

When my son divorced he moved 100 miles away to be near family and to get work . He did all the travelling to pick up and drop off his kids for several years . When the children were about 10 and 12 their mother tried to stop him from seeing them so he took it to court . The judge then ruled that he could see his children one weekend per month but the mother had to do a fair share of travelling. He doesn't have a car so it means me driving with a him to pick them up and her coming to him to get them for the return journey . Much fairer .

prh47bridge · 21/01/2021 13:54

I haven't read the full thread since my initial post but there seems to have been some discussion about the OP's wish to stop her ex introducing her son to his new partner. I would just re-emphasise that the position of the courts is clear. Unless the OP can prove that there is a safeguarding issue (and she hasn't mentioned any - her objection is that she thinks it is too soon), the courts would not be interested in her objections. He is free to introduce his son to his new partner. She has no say in the matter. She certainly can't stop contact just in case it might be a safeguarding risk.

Honeyroar · 21/01/2021 14:06

The op does sound pretty selfish and like she won’t give an inch. Sentences like “if he wants to see my son..” made me wince. And now you’re suggesting you have him all the term time and still want half the holidays. I feel sorry for the father and his son. I hope the court tries to get a fairer sol.

Notmoreuodates5 · 21/01/2021 14:19

Your Sons dad sounds reasonable he has done it for 8 years I think even if you live half an away from someone and it involves costs. The person has a right to be a bit fed up.

How much does it cost him OP? How much would it cost you?

It’s a difficult situation. No court can force someone to see their child OP.

sushipushi · 21/01/2021 14:48

He states it costs him £200 to get up and back as he has to do it over two days so hotel costs. So £400 total.

My cost is £60-80 so £120-160

OP posts:
AnneLovesGilbert · 21/01/2021 15:20

Name change fail?

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