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Legal matters

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ExH has cut me off from DC

189 replies

DCCutOffFromMe · 07/07/2025 16:29

Situation: Have 1 DC with now ExH, we split when DC was a toddler (DC is now 11, school year 6). Split due to ExH violence, control and abuse which was proven in criminal court but not in family court. There was court order giving me residency until DC was 8, when ExH took me back to court and was awarded 50/50, despite DC not wanting it, and ExH doing nothing bar have DC overnight.

DC is in receipt of Disability Living Allowance for speech and communication issues, sensory issues, dyslexia, dyspraxia and a mobility issue. I receive the DLA and Carers Allowance but am court mandated to share DLA, CA and Child Benefit with ExH – what that means in reality is I have all the restrictions, but only half of the money to make up for those restrictions. ExH insists DC does not need DLA, doesn’t have a disability and has threatened the school if they do not remove the support plan they have in place. DC hates going to dads, and is counting down the days until they’re 13 and able to say no to going.

50/50 is in a week on, week off pattern, hand over is on a Friday but I do see DC most days due to appointments, and therapies they have. I also pay for all equipment related to their disability, all school uniform, all trips, all activities (DC does 2 out of school activities that help with both their mobility and their speech) and all costs bar clothes and food for ExHs house – anything that goes to ExHs house related to DC from mine ends up in the bin so DC has stopped taking things including medications.

Last week DC got suspended from school for the 4th time this school year. It was justified so I am not arguing about that, as were all the previous times. All suspensions have happened during ExHs weeks with DC, and school have said DCs behaviour during my weeks with them is a lot calmer, they also have all the relevant equipment, PE kit and even money for extras which they do not get with ExH, DC has forgotten PE kit in every week ExH has had DC this year.

Last weeks suspension because it was ExHs week to have DC meant DC was taken back to his house. And I haven’t seen DC since. ExH already doesn’t let me speak to DC when they’re with ExH (despite DC wanting to) and is now saying I am the reason DC keeps getting suspended and I need to transfer the DLA and CA to him because DC lives with him now. He will let me have DC once per month with no overnights if I transfer everything over. He wants me to sign transfer forms to change DCs school for September to one near him (DC is currently at a Middle School but he’s asked for them to transfer to a high school near him).

I have spoken to my solicitor this morning, and we’re getting the ball rolling but it could be a few months for even an urgent court hearing. She has advised me to keep the DLA, CA and Child Benefit in my name but continue to share it as the current order recommends. She’s also advised me to carry on making plans for DC for my weeks with them even though they may not be there because it looks better to court that I was still planning for DC to be with me.

I am panicking, I have a holiday booked with DC for the 2nd week of the summer holidays and it looks like DC might miss it thanks to their dad. They also had a birthday party 2 weeks ago during my week that their dad came to and he made a scene there in front of DCs friends parents (he told DC off loudly for something really minor, then took DC home from the party (on my week) early because of their behaviour – it really was fine, other children where behaving similarly and their parents where dealing with it the same way I was, it did not need DC leaving early).

What are the chances of getting DC home even for 50% of the time again? My solicitor hasn't said what she thinks will happen, but she has told me not to sign any paperwork for DC and make sure the local authority and all other authorities nearby (if relevant) have a copy of the current CAO so that they're aware it's a 50/50 split and therefore I have a say.

OP posts:
Soontobe60 · 07/07/2025 17:12

This sounds like it might meet the threshold for CP involvement. Does your DC have an EHCP in place? 4 suspensions in such a young child is worrying.
In addition, if there is a Court order for 50/50 contact police if he won’t hand over your DS on Friday.

DCCutOffFromMe · 07/07/2025 17:14

Soontobe60 · 07/07/2025 17:12

This sounds like it might meet the threshold for CP involvement. Does your DC have an EHCP in place? 4 suspensions in such a young child is worrying.
In addition, if there is a Court order for 50/50 contact police if he won’t hand over your DS on Friday.

Edited

No EHCP, ExH has blocked the application at every chance he got, he doesn't believe DC has disabilities and thinks I've made it all up to get back at him for leaving me and because the family court don't see what he did during our relationship as abuse it's hard to get them to agree to let the application go ahead.

OP posts:
FumingTRex · 07/07/2025 17:17

Is DC now back attending school? If so can you not just collect him early and take him home?

DCCutOffFromMe · 07/07/2025 17:18

FumingTRex · 07/07/2025 17:17

Is DC now back attending school? If so can you not just collect him early and take him home?

DC is not attending school right now according to their Head of Year, school has tried to ring to speak to ExH but he won't answer.

When I've asked him why he says the school doesn't understand DC or respect him as DCs parent the way they do me.

OP posts:
HuskyNew · 07/07/2025 17:22

Surely the 50:50 order works both ways? He has to return her to you or you can get police involved?

DCCutOffFromMe · 07/07/2025 17:24

HuskyNew · 07/07/2025 17:22

Surely the 50:50 order works both ways? He has to return her to you or you can get police involved?

No arrest powers on the order, so it's a civil matter and has to be taken to court, my solicitors told me this.

OP posts:
Ilovethewild · 07/07/2025 17:27

you can apply to courts for an emergency order (sorry I don’t know the exact name of it), but my understanding is a court sits within a few days. you don’t have to wait as dc should have been returned to you on Friday. Is there any friends/family who can intervene for you?, visit child?
if you are worried about dc, police can do a welfare check.
i would be informing school and children’s services and the other professionals, GP etc of exh behaviour and what he is saying as surely dc is missing appointments for their health?
ex h demands are not in child’s best interest. Don’t agree or sign anything.

so sorry you are going through this, please get help/support for you too.

DCCutOffFromMe · 07/07/2025 17:29

Ilovethewild · 07/07/2025 17:27

you can apply to courts for an emergency order (sorry I don’t know the exact name of it), but my understanding is a court sits within a few days. you don’t have to wait as dc should have been returned to you on Friday. Is there any friends/family who can intervene for you?, visit child?
if you are worried about dc, police can do a welfare check.
i would be informing school and children’s services and the other professionals, GP etc of exh behaviour and what he is saying as surely dc is missing appointments for their health?
ex h demands are not in child’s best interest. Don’t agree or sign anything.

so sorry you are going through this, please get help/support for you too.

My solicitor said even an emergency hearing is taking a few months right now, and because DC is with their other parent who already has court order contact in a 50/50 pattern, it may not qualify for an emergency hearing anyway.

OP posts:
itscomplicatedagain · 07/07/2025 17:33

Do you know where he’s living at present? Is your DC ever left alone? If you do know the answers to these questions I’d simply go and fetch DC when he’s out.

DCCutOffFromMe · 07/07/2025 17:35

itscomplicatedagain · 07/07/2025 17:33

Do you know where he’s living at present? Is your DC ever left alone? If you do know the answers to these questions I’d simply go and fetch DC when he’s out.

I know where he lives yes, I couldn't get into his house to get DC even if they are left alone and I have no way of contacting DC to let them know I'm there.

Solicitor has adviced against just going to get DC, says with DCs SN and disabiltiies being caught between us is not in their interests, I have to do this the proper legal way.

OP posts:
StealthMama · 07/07/2025 18:01

If you don’t have guarantees where your child is, and the school confirms he hasn’t been at school, contact police and report him missing. Call social services for urgent risk assessment.

Natsku · 07/07/2025 18:03

DCCutOffFromMe · 07/07/2025 17:24

No arrest powers on the order, so it's a civil matter and has to be taken to court, my solicitors told me this.

Works the same way for you though so when your DC does go back to school (which he might end up doing soon enough if the school start threatening fines for non-attendance to your ex) then you can fetch your child home. It is risky to leave them with your ex as if its months before you can't get to court for months, the court might decide that DC should live with your ex because it'll be maintaining the status quo. When my ex took my DD and refused to return her I did everything I could to get her back (took her home from a doctor appointment while my ex was talking to a nurse) and keep her until we got to court to prevent this.

DCCutOffFromMe · 07/07/2025 18:08

Natsku · 07/07/2025 18:03

Works the same way for you though so when your DC does go back to school (which he might end up doing soon enough if the school start threatening fines for non-attendance to your ex) then you can fetch your child home. It is risky to leave them with your ex as if its months before you can't get to court for months, the court might decide that DC should live with your ex because it'll be maintaining the status quo. When my ex took my DD and refused to return her I did everything I could to get her back (took her home from a doctor appointment while my ex was talking to a nurse) and keep her until we got to court to prevent this.

Only if DC is back at school would I do that, otherwise my solicitor has advised me not to take DC from ExHs house or attempt to.

DC has 7 school days left before the summer holidays, and ExH has always said he'll pay fines if he takes DC out of school in term time. I doubt DC will be back this school year.

OP posts:
MooseLooseAboutTheHoose · 07/07/2025 19:57

Hold on… your ex has essentially kidnapped your child? Why haven’t you called the police? This is mad. It may not be what your solicitor is advising, but I would be outside his house morning, noon and night. You have a court ordered custody arrangement, he can’t do this, and you can’t let your child think his father is keeping him and you have just gone along with it. Go and get your child!!!

Natsku · 07/07/2025 20:20

DCCutOffFromMe · 07/07/2025 18:08

Only if DC is back at school would I do that, otherwise my solicitor has advised me not to take DC from ExHs house or attempt to.

DC has 7 school days left before the summer holidays, and ExH has always said he'll pay fines if he takes DC out of school in term time. I doubt DC will be back this school year.

Yeah taking dc straight from the house isn't the best idea but your dc can't stay inside all the time, surely they will go to a friend's house sometime or visit a relative? There are other opportunities.

Meanwhile I'd double check with someone else in the know if it's really likely to be months before you can get an emergency hearing rather than just take your solicitors word for it - frankly some are just not very good at their jobs.

MsJemimaPuddleDuck · 07/07/2025 20:36

I wouldnt suggest this normally but since dd hates living with him and hes got history of violence & abuse and is stopping dc attending school.
get her to ring the police on him.

MooseLooseAboutTheHoose · 07/07/2025 20:47

MsJemimaPuddleDuck · 07/07/2025 20:36

I wouldnt suggest this normally but since dd hates living with him and hes got history of violence & abuse and is stopping dc attending school.
get her to ring the police on him.

It appears OP can’t even get in touch with DC though, I’m guessing DC doesn’t have a phone maybe.

MissyB1 · 07/07/2025 20:53

Are there any other family members or friends that can help? Someone that can talk him round or at least check on DC?

namechangeaaargh · 08/07/2025 22:30

Surely if he's binning the child's medications that's a safeguarding/child protection issue?

lemoncake29 · 08/07/2025 22:37

This is horrible to read. He has been violent and abusive to you. He is withholding medication from your child, the child doesn’t even want to be there. I can’t imagine what you are both going through.

I don’t know the ins and outs of this legally, I expect that since he has parental rights is isn’t seen as kidnap and has to be dealt with through court. I think court will look unfavourably on all of this but in the meantime I don’t think I could sit on my hands and have no contact with my child knowing they are stuck with this maniac. Is there anyone who could go round there with you and try to speak to him? Failing that I would ring the police for a welfare check.

Natsku · 09/07/2025 04:07

namechangeaaargh · 08/07/2025 22:30

Surely if he's binning the child's medications that's a safeguarding/child protection issue?

That is a very good point. Withholding medical care from a child is a serious thing, I hope OP is making a point of that in her application to court, and talking to the doctor who prescribed so they can make a child protection report (in my experience reports get taken more seriously when made by a professional)

BabyCatFace · 09/07/2025 06:10

MooseLooseAboutTheHoose · 07/07/2025 19:57

Hold on… your ex has essentially kidnapped your child? Why haven’t you called the police? This is mad. It may not be what your solicitor is advising, but I would be outside his house morning, noon and night. You have a court ordered custody arrangement, he can’t do this, and you can’t let your child think his father is keeping him and you have just gone along with it. Go and get your child!!!

You can read the OP's updates if you don't want to read the whole thread. He hasn't kidnapped him as per the law and he can't be arrested or forced to hand him back by police.

Yogabearmous · 09/07/2025 06:16

I would call police - your child is not at school and you don’t know if he is ok. You need a welfare check.

BabyCatFace · 09/07/2025 06:39

Yogabearmous · 09/07/2025 06:16

I would call police - your child is not at school and you don’t know if he is ok. You need a welfare check.

These threads always go the same way with posters calling for police and welfare checks. The response is always the same - police won't do welfare checks for a child who is just with their other parent, especially when there is a court order for shared care in place.

Littlebluebird123 · 09/07/2025 06:49

I would keep in communication with school. If ExH isn't bringing the child in or responding to them, they could try a referral to social services as a welfare issue. It may or may not reach the threshold depending on your area's criteria and the other information school can give.
Are they in agreement that ExH isn't working with them and is in fact hindering the child?
School have a duty of care to know where the child is and who's looking after them. If he doesn't engage, it does raise red flags.