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Child Arrangements Order partially working - how to improve things?

13 replies

NooNooMummy · 26/02/2024 19:21

Sorry this is long.

In brief, should I apply for a new child arrangements order, do I have to seek mediation, how can I make this stop?

History:
Our child arrangements order now obliges us to undertake mediation before any further applications to court (after a couple of ridiculous applications by ex for urgent orders/ changes without even discussing things with me first).

Prior to that, ex had spent months/ years messing us about until I applied for an order in the hope that he would commit to seeing our child. After a few further ups and downs, contact is, at least, consistent now and has been for a few years now (He has her overnight 2x a month).

Otherwise, his contact/ involvement is minimal - this is ex’s choice.
Except that he seems to enjoy some malicious/ self-ish interference every few months eg prohibiting potential secondary schools from considering my daughter - I’m under a duty to let him know which secondary schools we’re considering and every single one of them has subsequently been phoned by him, prohibiting them from offering my daughter a place - I find out when the school phones me to tell me about it. He doesn’t seem to know anything or have any plans for her secondary transition and I don’t know how things can progress when he behaves like this.

My daughter is so upset and worried but he seems not to care. What can I do?

There are other changes that it would be good to have in place eg more and more things happening at weekend that my girl wants to attend (friends’ birthday parties, school events, sports lessons) but he refuses to accommodate any of them.
I’ve sent emails each time to ask what he wants to do to accommodate/ address these things but he doesn’t reply. More than that, he seems to take pleasure in doing things that he thinks will upset/ annoy me - I don’t want my daughter to be his pawn anymore.

Mediation seems a pointless waste of money. I can’t even afford to take him to court really either - I’ll have to do it all myself and , frankly, after experiencing the incompetence of CAFCASS and judges who seem not to have read anything/ don’t care that he lies, the whole thing terrifies me.

There’s a history of coercive controlling abuse and some physical abuse, both before and after I left him (when our girl was 2 yrs old).
I can’t believe that he still gets to mess us about like this. And, whilst I always tell myself that things have calmed down and aren’t so bad, he never ceases to surprise with yet another malicious step. And whilst I feel stupid for being paranoid, he often proves me right and I do fear what he’ll do next.

Any guidance would be helpful. I’m just exhausted now but still want to improve things for daughter if I can - it does seems wrong that we have to put up with this.

OP posts:
NooNooMummy · 26/02/2024 19:35

I should add: her current school are being really supportive - they’ve asked me what I’m going to do about it and offered to write a supporting statement explaining what they believe is best for her.

OP posts:
Whattodo112222 · 26/02/2024 19:38

Most importantly thing. How old is your DD? Anything over 12... she'll be listened to at court.

Wholettherabbitsout · 26/02/2024 19:39

Can you ask him in writing for his objections to the secondary schools he called and also for his list of preferred schools. Give your lost of schools you wanted to apply for and reasons (don’t overthink it, it’s things like proximity to your house allowing your daughter to walk/take public transport + things like where her friends are likely to go + subjects offered or OFSTED ratings. Give him a deadline to reply to the letter or you will be organizing mediation.
The letter thing is just there to set it all out in black and white and show how ridiculous he’s being. Hopefully it will spur him into communicating about schools and you’ll be able to sort enough applications to get your daughter a place somewhere she’ll be happy. If he doesn’t engage, your mediator will be able to read that letter and side with you pretty much immediately if it’s clear you are trying to do the best thing for your daughter and he’s either playing game or being completely unrealistic.

Wholettherabbitsout · 26/02/2024 19:41

Make the deadline short for replying to the letter - a week or two is plenty. You have to get applications in by whatever the external deadline is!

SquishyGloopyBum · 26/02/2024 20:56

Don't give him a list of schools. He'll argue against your number 1, just because. Just ask him what his list is...

Sweetheart7 · 26/02/2024 21:00

I can't understand does the court order state you need to ask dad's permission to pick the high school? At 12 years old I wouldn't be forcing my child to go just make her available. Do you think your ex would pay to take you to court? Is it 2 nights per month?

prh47bridge · 26/02/2024 23:40

Sweetheart7 · 26/02/2024 21:00

I can't understand does the court order state you need to ask dad's permission to pick the high school? At 12 years old I wouldn't be forcing my child to go just make her available. Do you think your ex would pay to take you to court? Is it 2 nights per month?

If the father has PR he is entitled to a say in his daughter's education, including the choice of schools.

@NooNooMummy - Assuming you are in England, I presume your daughter starts secondary school next year rather than this since applications to start in September closed some time ago. If he refuses to agree to any school, you will need to get a specific issue order to resolve the matter. Keep all the evidence you have so that you can show that he is simply refusing to engage. The court won't be impressed.

Regarding contact, your daughter's wishes and feelings will be taken into account by the court whatever her age. The older she is, the more weight they will carry.

NooNooMummy · 27/02/2024 07:27

Thanks, everyone. (She’s 10. It’s 2x nights per month and nothing else). I’ll try mediation…

OP posts:
NooNooMummy · 27/02/2024 10:17

Actually, more questions:

Will mediation result in an enforceable document that prevents him from refusing to accommodate weekend events that daughter wants to attend? What will the process be? (im
happy for him to have her at other times to compensate but at the moment he just flat refuses and I’m too scared to challenge him. At the moment our order tells us to discuss and agree changes but that’s not working cos he refuses to discuss!)

Will daughter have to talk to CAFCASS again? (It’s upsetting for her knowing that mum and dad can’t agree and making her, essentially, disagree with her dad. Like me she just goes along with what her dad imposes. She has told her teachers about her worries but they seem to assume that mum and dad can discuss and agree things in a civilised way… She knows now that it doesn’t work like that and remembers some of her past violence. She shouldn’t have to tread on eggshells like this til she’s 18!)

OP posts:
prh47bridge · 27/02/2024 11:46

An agreement in mediation is not legally binding, but it can be used as the basis of a Consent Order, which is legally binding.

Your daughter will not have to talk to CAFCASS for mediation. However, she will probably have to do so if mediation fails and it ends up in court.

Sweetheart7 · 27/02/2024 13:04

Considering you are the one that applied for Court in the first place and your DD only goes 2 nights per month. I would not waste any money going to court, you can't dictate what the other parent does on their time with the child and I suspect the judge will point this to you also. The fact that he has so little input anyway I would let it fade!

NooNooMummy · 27/02/2024 16:02

I wish it would ‘just fade.’ Unfortunately, he’s preventing her from attending social activities with her friends, weekend sports classes that she wants to attend and he creates no end of confusion by phoning schools and prohibiting them
from offering her a place.

OP posts:
NooNooMummy · 27/02/2024 16:04

… and I end up looking like some crazy , demanding madwoman.

OP posts:
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