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What would happen in these circumstances? (Me and ExH related)

12 replies

WhathappenstoDD · 21/05/2021 09:40

Single parent to a DD aged 6. ExH sees her EOW for 1 night, that’s it. No weekday contact, no extra in the holidays.

ExH has said if something happens to me he does not want DD fulltime, but would “play the game” to get her, hand her over to his parents or aunt and never see her again except occasionally, his parents would also let him claim all the CB/UC/DLA for her without taking any themselves (they told a social worker and cafcass this when we went through court). He has also said he hopes that happens as then my family will never see her again. He also said he’d remove her from any school she’s in and homeschool her – his parents are retired teachers, but I do feel school is the best place for, she’s a very social child and there’s no homeschooling groups nearby neither of his parents drive, so she’d miss out on that. He’d also take her out of any and all extra curricular activities “to save money”. DD also has some additional needs and I decided that as much as I’d love to homeschool her, her needs are better met at school – she’s thriving and loves school. As well her extra curricular help her SN and have the added benefit of helping her socialise outside of her school friends.

I’m hoping I won’t die anytime soon – I’m young, early 30s and fairly healthy but have a few health issues which include my heart and lungs so you just never know (they are well managed atm, but things could change quickly and become unmanageable).

I left ExH due to his control and violence and I’m kind of hoping the fact we have a CAO which awards him so little would work against him if it came to it, but it does scare me. He actually has 1 night per week for tea as well as the 1 night EOW but he never sees her in the week ever.

Ideally DD would go to my aunt; she’s childless but lots of experience with children – she was basically like a 2nd mother to me, my sibling and cousins. She and her husband would move into my house/flat, keep her in her school and all extracurricular activities. She’d keep all pets I have for DD and help DD look after them (she knows depending on age/needs of DD that could end up being mostly hers and her DHs job). She’d let ExH and his family see DD as much as they want, similarly my parents who couldn’t have her fulltime could see her whenever they want.

I feel this is the best for DD but obviously her dad has PR so he could just stop my family seeing her if something happened to me – he hates my family, when he took me to court he tried to stipulate that neither of my parents or their siblings could see DD if I was keeping custody/residency, I have no idea why he hates them, my parents are not together anymore but completely harmless and loving grandparents – but DD is their only grandchild so they can be a bit full on sometimes (my aunt would tell my dad especially to calm down and behave himself as she’s his sibling). The only member of my family he likes is my one living grandparent but they’re nearly 90 so couldn’t have DD if the worst were to happen.

So could ExH take DD to his parents and leave her there never seeing her again if something were to happen to me? And is there anything I can do to stop this happening? I have a will but my solicitor said it might not be “strong” enough if ExH has PR.

OP posts:
prh47bridge · 21/05/2021 15:14

You cannot guarantee what will happen to your daughter if you die. You can appoint your aunt as her guardian in your will (although that won't legally take effect until he dies, but it does help to make your intentions clear) and leave a side letter explaining why you want your daughter to go to her, but this is not binding on the courts. If there was a dispute about who she should live with it would be decided by the courts. The fact that he is her father and has PR does not mean she will automatically go to him. The courts will look at what is in her best interests.

If he has put any of the things you have mentioned in writing, I would include the evidence with your side letter.

WhathappenstoDD · 21/05/2021 18:48

@prh47bridge

You cannot guarantee what will happen to your daughter if you die. You can appoint your aunt as her guardian in your will (although that won't legally take effect until he dies, but it does help to make your intentions clear) and leave a side letter explaining why you want your daughter to go to her, but this is not binding on the courts. If there was a dispute about who she should live with it would be decided by the courts. The fact that he is her father and has PR does not mean she will automatically go to him. The courts will look at what is in her best interests.

If he has put any of the things you have mentioned in writing, I would include the evidence with your side letter.

Unfortunately the only thing in writing is what his parents said to cafcass when we went through court, he never actually texts me those things.

My aunt would absolutely fight through the courts for her, and my life insurence covers a maintenance payment for whoever has custody/residency of DD but ExH doesn't know this.

OP posts:
BrilliantBetty · 21/05/2021 19:00

This sort of talk from an ex partner an ex partner who is known to be controlling and violent sounds like some sort of continued abuse.... talking about your death, taking her away from your family, removing her from school.

I'd want this on record. Do you have a social worker?

WhathappenstoDD · 21/05/2021 19:06

@BrilliantBetty

This sort of talk from an ex partner an ex partner who is known to be controlling and violent sounds like some sort of continued abuse.... talking about your death, taking her away from your family, removing her from school.

I'd want this on record. Do you have a social worker?

No they closed the case on us just after we;d been through court, they intended to close it beforehand as it was only opened because DDs nursery reported the situation to them (due to safeguarding issues from ExH towards DD unfortunately unproven in court so he got unsupervised) but stayed with us until after court.
OP posts:
DifficultBloodyWoman · 23/05/2021 05:33

There are quite a few things to address here.

  • you cannot control what would happen to your child if you were to die
  • you can express your wishes (and should do so in writing now) and they would into consideration by the court
  • he sounds like the type of man that would make these threats but not bother to follow through on them. After all, if you were dead, he would get anything out of this at all so why bother?
  • the chances of you dying while your daughter is young and before your daughter is able to have her own wishes about where she lives taken into consideration are vanishingly small
  • you should put all your wishes for your child in writing (living arrangements, educations, hopes and aspirations) with your rationale, include a copy of the carcass report for easy reference
  • keep a diary of whenever he makes these comments to you
  • consider if his comments could constitute a form of harassment - repeatedly talking about your death, for example

Then, please take a breath and remember - as a woman you are likely to outlive him and live a long and happy life with your daughter

Soopermum1 · 23/05/2021 10:45

I appointed my brother as guardian in my will, and wrote a separate email detailing that I would like the children's situation to be evaluated by my family if I were to die. So there would at least be a discussion and possibly court, depending on the situation at the time if my family felt automatic handover to ex was not in the child's best interests.

MrsBertBibby · 23/05/2021 17:59

OP fo you have a live with/Residence order? If so you can appoint a guardian, and that appointment would take effect on your death, so they would share PR with him.

WhathappenstoDD · 23/05/2021 18:00

@MrsBertBibby

OP fo you have a live with/Residence order? If so you can appoint a guardian, and that appointment would take effect on your death, so they would share PR with him.
Child arrangements order only
OP posts:
prh47bridge · 23/05/2021 19:33

Does the child arrangements order say your daughter lives with you?

WhathappenstoDD · 23/05/2021 22:02

@prh47bridge

Does the child arrangements order say your daughter lives with you?
Yes it says “(DDs name) will be resident with her mother”
OP posts:
AlmostSummer21 · 23/05/2021 22:11

What a nasty bastard.

I'm sorry I can't help in any way, but I hope you live a long & healthy lifestyle, but can get legals sorted for your family to have your DD should anything happen to you!!

MrsBertBibby · 23/05/2021 22:27

That's a live with order, OP.

Appoint a guardian, and unless that order is discharged, and then you die, your guardian wil get PR on your death.

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