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ExH not sticking to court order he wanted – is there anything I can do?

24 replies

YellowMugPuffin · 25/02/2021 16:42

This is about wanting him to have more contact not less.

I’ll preface this with my DD (aged 6, school year 2) has additional needs that mean she needs regular contact in short bursts. When ExH took me to court when DD was 3, he had 2 nights for tea and EOW Sat to Sun which was just about enough contact, the agreement was that over the first 2 years of her education we’d build up to 5 or 6 days in 14 with them being set days – I wanted ExH to have Tuesday and Wednesday overnight and EOW Fri to Sun or any other 2 consecutive nights. DD would never cope with 50/50, so the agreement was that during holidays the he’d have her Tuesday 9am until Thursday 9am and then Friday 9am until Sunday 4pm. This was a compromise to him as he wanted 50/50 immediately in a 1 off, 1 on week pattern which would be too much for DD.

ExH has always lived 2 miles from, he’s now 0.9-1.1 miles from me depending on which way we go. His house is within the catchment area for her school just (catchment is 1.2m).

Things where going well in DDs reception year, we didn’t change anything between September and December just to let her settle. Then ExH started having her 1 overnight in the week, EOW Sat and Sun plus 1 extra night a week for tea.

Then at the end of DDs reception year he messaged me to ask that I stop the overnight in the week as he was finding the early mornings a struggle to get her to school – there had been no sign of this at all, school say the difference in our arrival times with her was between 2 and 5 minutes (teachers take a register as the child enters the class and they note down time) and we both still had over 10 minutes until the gates where locked. He was late once between January and July 2019 but I was late twice in that time and school thought nothing of it as that’s fairly normal.

He still had her overnight during the 6 weeks holidays. But from September 2019 only had her overnight in the week during holidays. Then in January 2020 he emailed me again saying he was dropping down to 1 night a week for tea only no reason given, it was around this time he moved out of the house 2 miles away and into the one 0.9-1.1 miles. I thought he was going to try and take me back to court but he never did.

When covid hit in March 2020, ExH stopped contact completely citing it as too dangerous. He didn’t see DD at all bar briefly if we bumped into him while shopping or in the local area until August 2020. I tried to restart EOW and 1 night for tea but he refused to have her in the week at all. And just had her overnight on Sat EOW. It was not at all good for DD, she was very unsettled, confused as to the arrangement and several times I got calls from school saying she wanted daddy.

Then in September when DD moved into year 2, ExH said he only wanted to see her on “his” Saturday he wouldn’t give me a set amount of time and it’s been anything from 1 hour to 6 hours, averaging at around 2 hours.

2 hours once a fortnight is not enough for DD, she’s confused, and clinging to me constantly. Before Christmas she was crying at school and getting very distressed asking if daddy wanted her and what had she done wrong.

I’ve tried to discuss it with ExH asking that we go back at least to 1 night a week and EOW (That was just enough) but he shuts me down saying he likes the amount of contact he has with her. I have no idea why he’s cut the contact down.

Is there anything I can do? If I take him back to court are they likely to remove his 2 hours a fortnight? I’m doing my best to reassure DD she’s enough but I think more contact with her dad is the only way to reassure her. I’m exhausted as her conditions cause anxiety and she’s clinging to me every 2nd of the day/

OP posts:
prh47bridge · 25/02/2021 17:35

I'm afraid the courts won't force him to have more contact. I'm not entirely clear if there is a court order - you mention one in the title but there is no mention of it in your post. If there is an order you can, if you wish, apply to have it varied to reduce contact based on the fact that he is not currently taking up contact.

YellowMugPuffin · 25/02/2021 17:35

@prh47bridge

I'm afraid the courts won't force him to have more contact. I'm not entirely clear if there is a court order - you mention one in the title but there is no mention of it in your post. If there is an order you can, if you wish, apply to have it varied to reduce contact based on the fact that he is not currently taking up contact.
Yes there's a CAO made in 2018
OP posts:
BlackCatShadow · 25/02/2021 17:46

I think this situation is quite common. Men ask for 50/50 so they don’t have to pay maintenance but then they realize that they actually have to step up and be a parent.

I don’t think you can force him to take her but definitely make sure that the maintenance reflects how much he actually has her. Putting a bigger hole in his pocket may inspire him to step up, but basically he sounds like a selfish arsehole.

YellowMugPuffin · 25/02/2021 17:48

Maintenance isn't the issue as we were building up to 50/50 and he was ordered to pay CMS minimum until we got to 5/6 in 14.

OP posts:
Borntohula · 25/02/2021 17:50

What a dick, how come gets to 'opt out' of parenting? Your poor dd.

YellowMugPuffin · 25/02/2021 18:11

@Borntohula

What a dick, how come gets to 'opt out' of parenting? Your poor dd.
Thats the question I'd love to ask him, it's exhausting being the constant especially at the moment with nothing to break up the day (school, after school activities etc).
OP posts:
Skeptadad · 25/02/2021 18:44

@BlackCatShadow

I think this situation is quite common. Men ask for 50/50 so they don’t have to pay maintenance but then they realize that they actually have to step up and be a parent.

I don’t think you can force him to take her but definitely make sure that the maintenance reflects how much he actually has her. Putting a bigger hole in his pocket may inspire him to step up, but basically he sounds like a selfish arsehole.

Are you quite sure about that? "men only want shared care so they dont have to pay maintenance" you realise CMS is at most 12% of gross income. I would imagine most men taking up shared care would lose far more than 12% of their income. I suspect the real reason is that they want shared care but struggle with the commitment.

I also suspect this is what has happened here.

That's really heart breaking. I feel sad for your daughter. I guess the the sad truth is your daughter will have to get used to it.

You seem like a lovely mum though YellowMugPuffin so the good news for your daughter is that she has one parent who can prioritise her needs.

Rainbowqueeen · 25/02/2021 18:54

No you can’t force him to have her more.
Can you arrange counselling for her via the school?

I’d keep all correspondence in writing and emphasise each time that you feel it is in DDs best interests to have regular contact including overnights but he sounds like a dead beat who doesn’t want to parent. Keep records of everthing but focus on building DDs confidence and self esteem with the expectation that he will never be the dad she deserves.

YellowMugPuffin · 25/02/2021 19:01

@Rainbowqueeen

No you can’t force him to have her more. Can you arrange counselling for her via the school?

I’d keep all correspondence in writing and emphasise each time that you feel it is in DDs best interests to have regular contact including overnights but he sounds like a dead beat who doesn’t want to parent. Keep records of everthing but focus on building DDs confidence and self esteem with the expectation that he will never be the dad she deserves.

I will look into counselling definitely, I think I might have to go down the court route just to stop him deciding he wants her more again randomly which I think will dent her confidence far more when he goes away again.

Thank you all for the advice, sad that I was willing to go to almost 50/50 like he wanted and yet the reality is the almost opposite.

OP posts:
NoSquirrels · 25/02/2021 19:06

he shuts me down saying he likes the amount of contact he has with her

What a dick. He missed the part where it wasn’t about him but about his little daughter, huh? Selfish arse.

RandomMess · 25/02/2021 19:11

If he won't stick to agreed hours on "his" Saturday I would just refuse contact altogether. He doesn't get to treat her like that!

Your poor DD being so distressed Sad

YellowMugPuffin · 25/02/2021 20:25

@RandomMess

If he won't stick to agreed hours on "his" Saturday I would just refuse contact altogether. He doesn't get to treat her like that!

Your poor DD being so distressed Sad

His weekend the arrangement was 9.30am Sat until 4.30pm Sunday or any other agreed time.

He won't have her before 12noon anymore and sometimes is on my doorstep with her within an hour other times he has her for 6 hours. I've tried asking and saying "Drop her off at 3pm" or whatever but he won't agreed to a set time.

OP posts:
OverTheRubicon · 25/02/2021 20:34

What a dick. Your poor DD.

Does he have a decent mum/dad who you could message to see if she'd be able to 'support' him with his days (or even a day) - because it would be good for your DD to have more reliable adults in her life who care for her, and might help get him guilted into stepping up, and if he is a bit useless, ensure someone else could be there to help her. My ex always does better when his parents are around, which used to be infuriating but over time I've learned to accept it and find it useful.

Re CMS, you should check, because if he's taking her no nights of the week, he should be paying a lot more than with 5/6.

I hope that you also have support, as it is a lot to be going through all this and staying so strong for your DD in the middle of lockdown. Flowers

YellowMugPuffin · 25/02/2021 20:45

@OverTheRubicon

What a dick. Your poor DD.

Does he have a decent mum/dad who you could message to see if she'd be able to 'support' him with his days (or even a day) - because it would be good for your DD to have more reliable adults in her life who care for her, and might help get him guilted into stepping up, and if he is a bit useless, ensure someone else could be there to help her. My ex always does better when his parents are around, which used to be infuriating but over time I've learned to accept it and find it useful.

Re CMS, you should check, because if he's taking her no nights of the week, he should be paying a lot more than with 5/6.

I hope that you also have support, as it is a lot to be going through all this and staying so strong for your DD in the middle of lockdown. Flowers

He's paying CMS minimum for 26 overnights a year, he was always happy with the level of maintenance he pays and I don't think it's about that.

His parents supported him through court when we went in 2017/18, they came to a few hearings as he lived with them at the time. He moved out shortly after we got the court order and DDs not mentioned them since then so I'm not sure if thats the reason he's cut down contact, I hope not. They weren't really open to talking to me even when we were together, so I doubt a message from me now would have any impact whatsoever.

OP posts:
RandomMess · 25/02/2021 20:47

If he doesn't turn up at 9.30am contact is cancelled.

I say this only because his flakiness is distressing your DD so much that it seems better that she doesn't see him at all.

Angry
YellowMugPuffin · 25/02/2021 23:11

@RandomMess

If he doesn't turn up at 9.30am contact is cancelled.

I say this only because his flakiness is distressing your DD so much that it seems better that she doesn't see him at all.

Angry

I'm responsible for drop offs to him, I walk her at the agreed time to his house, if he hasn't answered by 12.10 I leave and go home. It doesn't deter him from being late sadly.
OP posts:
RandomMess · 25/02/2021 23:20

I would just tell him that contact is as per the court order and does he want contact at 9.30am Saturday or not?

He doesn't have the right to dick DD around and by default you. He isn't interested so stop letting him hurt DD in this way.

When he says he wants DD at noon you just say "no"

Is it a possibility that all this contact and demanding 50:50 was because he lied to his DP and gave loads of bullshit to play victim and he never expected them to fight the battle to gain it?

Thanks
HoldontoOneMoreDay · 25/02/2021 23:32

You need to stop the drop offs. Tell him when he can pick her up, if he's more than 15 minutes late then you and DD go out. I know at the moment that means going to the shops and not anything fun, but still. You need to take control of this, it's so distressing for DD. What's the worst that can happen, he takes you to court for access? On which point, make sure you're keeping a diary of every single missed contact.

YellowMugPuffin · 26/02/2021 00:27

@HoldontoOneMoreDay

You need to stop the drop offs. Tell him when he can pick her up, if he's more than 15 minutes late then you and DD go out. I know at the moment that means going to the shops and not anything fun, but still. You need to take control of this, it's so distressing for DD. What's the worst that can happen, he takes you to court for access? On which point, make sure you're keeping a diary of every single missed contact.
It's in the court order that I am responsible for dropping her off, I'm also technically responsible for picking her up from him too. This was 1 of my none compromisables in court backed by cafcass as at the time he was picking her up late and returning her late which wasn't great for keeping her routine. He drops her off to me even if I say I'll pick her up, he will literally leave her on my doorstep if he knows I'm in, if I'm not in he sits in his car with her until I get back.
OP posts:
YellowMugPuffin · 26/02/2021 00:29

@RandomMess

I would just tell him that contact is as per the court order and does he want contact at 9.30am Saturday or not?

He doesn't have the right to dick DD around and by default you. He isn't interested so stop letting him hurt DD in this way.

When he says he wants DD at noon you just say "no"

Is it a possibility that all this contact and demanding 50:50 was because he lied to his DP and gave loads of bullshit to play victim and he never expected them to fight the battle to gain it?

Thanks

I don't know, I wish I could be a fly on the wall sometimes. It angers me though that he took me to court and now doesn't stick to the contact he asked me. I don't want DD to blame me.
OP posts:
KarmaNoMore · 26/02/2021 00:37

Ultimately, I think he will stop seeing DD Op, I’m sorry. That’s the way it tends to go. DS has not seen his dad for 3/4 of his life, yet he has been happier than he was being neglected or push to the side every other weekend when contact was taking place.

Interestingly, it has been easier for me too, there’s no denial it is hard work raise a child alone 24/7 but it is much better to do all the work that have my child returned to me heartbroken every other weekend or having the stress of not knowing what shit exH would land in our doorstep next.

Children need good parents, no dad is better than shit dad. The lesser of two evils so to speak...

YellowMugPuffin · 26/02/2021 00:41

@KarmaNoMore

Ultimately, I think he will stop seeing DD Op, I’m sorry. That’s the way it tends to go. DS has not seen his dad for 3/4 of his life, yet he has been happier than he was being neglected or push to the side every other weekend when contact was taking place.

Interestingly, it has been easier for me too, there’s no denial it is hard work raise a child alone 24/7 but it is much better to do all the work that have my child returned to me heartbroken every other weekend or having the stress of not knowing what shit exH would land in our doorstep next.

Children need good parents, no dad is better than shit dad. The lesser of two evils so to speak...

Unfortunately in our case I don’t think it’s best for DD her medical issues/additional needs will not make it easier for her, she’ll think she’s been dropped due to something she’s done.
OP posts:
HoldontoOneMoreDay · 26/02/2021 00:51

So in that case, I'd keep a full diary for the next three months (unless you've already been doing that) recording all the contact he misses despite you taking DD to his door. Then I'd just stop doing it and let him take you back to court for his 'rights'. I'm so sorry this is happening, what a shit he is.

KarmaNoMore · 26/02/2021 01:05

Most kids do think that it is their fault they have been abandoned by one parent but that’s where the other parent comes in to ensure they realise it isn’t.

I hope he comes around and you both find a way to keep contact regular and positive. But also keep in mind that his behaviour is something over which you have no control whatsoever.

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