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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:
Myfridgeiscool · 09/07/2025 06:49

I’d be trying to get to Court asap. It’s neglect to not meet the medical needs of your child, I’d hope this would make it more urgent. I’d hope that cafcass would be triggered to investigate matters and your child would be spoken to at that point, they don’t need to wait until they are 13. A friends son spoke up at 4.

Hercisback1 · 09/07/2025 06:53

I'd phone SS yourself and ask school if they can do a home visit or SS referral urgently. School have a safeguarding responsibility and if no one has seen your child for a while, then that needs checking.

cloudyblueglass · 09/07/2025 07:00

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!!!

It’s a civil matter. Police will do nothing. Camping outside yhd house will be seen as unhinged by family court.

lemoncake29 · 09/07/2025 07:07

BabyCatFace · 09/07/2025 06:39

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.

There’s a bit more to it than that. History of violence, withholding medication, child’s feelings, no school, unable to contact the child etc etc etc. If the police won’t do anything I’d go round myself.

Driftingawaynow · 09/07/2025 07:32

Sending you the biggest hug OP. Your ex is setting fire to his relationship with DC and when their relationship inevitably permanently breaks down and your DC go completely no contact he will of course start throwing around accusations of parental alienation. I promise you going to be free of this, maybe sooner than you think but you must be in hell right now.
given DCs age, wishes and what’s happened, I’m sure the absolute minimum will be a return to the 50-50 with threat of enforcement to him.
you have to be absolutely squeaky clean, though, the courts love to place blame equally between parents as you probably know, regardless of everything that you’ve said here, they will try to pick fault with you so don’t give them any ammunition
I’ve had ex refusing medical treatment and throwing away meds, cafcass told me it was serious and then didn’t even include it in the report. The system is utterly fucked and things like this can just get swept away.
my heart truly goes out to you and DC, this is such a profound headfuck and impossible to tell you not to catastrophise. I would heartily recommend speaking to a good direct access barrister, I can recommend an amazing one if you DM me
this isn’t forever, hang in there

YourJoyousDenimExpert · 09/07/2025 07:38

So- the Dad will not speak to school, does not give medication and is not keeping to the 50:50. Are there any scheduled appointments with any professionals that have been missed? What about the extra activities?
I think it is worth a call to Social care as there are grounds for being concerned that not all the son’s needs are being met. I also thin the suspensions at school are relevant in a child as young as this.
OP - I am not sure the solicitor is completely right - and would be tempted to get a second opinion. Definitely try the police - who may say no but may note the concern - and also contact Social care.
It is reasonable to want to be sure your child is safe and ok with the arrangements.

BabyCatFace · 09/07/2025 08:29

lemoncake29 · 09/07/2025 07:07

There’s a bit more to it than that. History of violence, withholding medication, child’s feelings, no school, unable to contact the child etc etc etc. If the police won’t do anything I’d go round myself.

OP has been given legal advice. Regardless of the history of abuse, the courts in their wisdom have determined that he's safe to care for him 50% of the time and none of the other concerns represent a role for police. Going round there herself/taking her child from his house/removing them from school would be seen as mum doing tit for tat/disregarding the court process/using the child as a weapon and would not serve her in the long run.

DCCutOffFromMe · 09/07/2025 14:17

My solicitor has said it'll go back to 50/50, because DCs disabilities mean they'll never be rtreated as able to make their own decisions and medical neglect is difficult to prove especially as DC is with me for appointments to.

OP posts:
lunar1 · 09/07/2025 18:49

Will there be medical appointments etc now that he’s missing?

CanOfMangoTango · 09/07/2025 18:56

Have you spoken to school since ExH has refused to hand over DS?

If not please speak to the safeguarding lead. School will be on the alert anyway as a child who is not attending school is a flag for at risk. They may well attempt a home visit after a certain number of days when they haven't seen him in school. So please let them know the situation.

BoredZelda · 09/07/2025 19:06

DCCutOffFromMe · 09/07/2025 14:17

My solicitor has said it'll go back to 50/50, because DCs disabilities mean they'll never be rtreated as able to make their own decisions and medical neglect is difficult to prove especially as DC is with me for appointments to.

Do they have a learning disability? You didn’t mention that.

porridgecake · 09/07/2025 19:19

BoredZelda · 09/07/2025 19:06

Do they have a learning disability? You didn’t mention that.

Described in detail in the OP.

Puppalicious · 09/07/2025 19:42

A situation where one parent is withholding a child from the other parent without good reason will go back to 50/50?! Is your solicitor sure about that? Also are you sure you have a good solicitor?

DCCutOffFromMe · 09/07/2025 19:55

Puppalicious · 09/07/2025 19:42

A situation where one parent is withholding a child from the other parent without good reason will go back to 50/50?! Is your solicitor sure about that? Also are you sure you have a good solicitor?

Yes my solicitors very good and knows the whole case as she supported me through the two previous court cases.

She says because DC has learning difficulties and speech issues then court will not recognise DC as having a voice properly so it goes down to whats in DCs best interests.

Because there's no history of domestic violence and abuse according to family court it looks like two parents who can't agree.

So it'll go back to being 50/50.

OP posts:
Driftingawaynow · 10/07/2025 14:13

I’m just wondering quite how your ex can dismiss DCs learning difficulties, and yet you are being advised that they will never be considered competent to express their own position. It sounds like you have a good solicitor, but this seems difficult to square. Wondering if you in have sought out a second opinion on this quote specialised area. Sending a mega hug to you

DCCutOffFromMe · 10/07/2025 17:07

Driftingawaynow · 10/07/2025 14:13

I’m just wondering quite how your ex can dismiss DCs learning difficulties, and yet you are being advised that they will never be considered competent to express their own position. It sounds like you have a good solicitor, but this seems difficult to square. Wondering if you in have sought out a second opinion on this quote specialised area. Sending a mega hug to you

No it's the court that say she'll never be able to make her own decisions due to her disabilities, not my ExH.

ExH just ignores it all.

OP posts:
LivelyCat · 10/07/2025 17:17

Are social services not interested given your child hasn’t been seen at school and nobody has verified their safety?

BabyCatFace · 10/07/2025 18:00

LivelyCat · 10/07/2025 17:17

Are social services not interested given your child hasn’t been seen at school and nobody has verified their safety?

Being taken out of school by a parent isn't an immediate risk of harm. Nobody needs to verify the child's safety, he's with his parent who the court has deemed a safe parent. His decisions and behaviour now are poor and not child centred but it doesn't suggest the child is at risk of harm. Social services may get involved at some point (although I expect probably not) but they can't do anything on an urgent basis in this kind of scenario, nor can they compel him to return the child.

Shesellsseashellsnotinmystreet · 10/07/2025 18:08

You can ask the police to do a welfare check. Your dc has SN and hasn't seen you for x amount of days.. Tell them your dc is being denied medication
. Show them details.

ArtTheClownIsNotAMime · 10/07/2025 18:12

Your solicitor is giving you good advice. "Clean hands" is very important in family court, as hard as it is for you. I really hope it doesn't take a few months.

LivelyCat · 10/07/2025 18:13

BabyCatFace · 10/07/2025 18:00

Being taken out of school by a parent isn't an immediate risk of harm. Nobody needs to verify the child's safety, he's with his parent who the court has deemed a safe parent. His decisions and behaviour now are poor and not child centred but it doesn't suggest the child is at risk of harm. Social services may get involved at some point (although I expect probably not) but they can't do anything on an urgent basis in this kind of scenario, nor can they compel him to return the child.

Even though the other parent who also has 50:50 custody is being denied any contact? I know of schools that send someone to check on children even in circumstances where they’ve just been off sick for a couple of days, even with no other concerns.

If something were to have happened then it wouldn’t look good that the parent took them out of school, the mother was denied any contact whatsoever, a history of abuse in the criminal courts along with the mother trying to raise concerns.

thepariscrimefiles · 10/07/2025 18:25

DCCutOffFromMe · 09/07/2025 19:55

Yes my solicitors very good and knows the whole case as she supported me through the two previous court cases.

She says because DC has learning difficulties and speech issues then court will not recognise DC as having a voice properly so it goes down to whats in DCs best interests.

Because there's no history of domestic violence and abuse according to family court it looks like two parents who can't agree.

So it'll go back to being 50/50.

But that makes no sense. As you have said:

'Split due to ExH violence, control and abuse which was proven in criminal court but not in family court.'

I assume that he has a criminal conviction so surely this can be raised by your solicitor?

BabyCatFace · 10/07/2025 18:28

LivelyCat · 10/07/2025 18:13

Even though the other parent who also has 50:50 custody is being denied any contact? I know of schools that send someone to check on children even in circumstances where they’ve just been off sick for a couple of days, even with no other concerns.

If something were to have happened then it wouldn’t look good that the parent took them out of school, the mother was denied any contact whatsoever, a history of abuse in the criminal courts along with the mother trying to raise concerns.

Yes even so. Schools can do home visits for persistent absentees or for children where there are significant welfare concerns but that's not the same as social services getting involved. What do you think social services could do? They couldn't even visit without the father's consent!

LivelyCat · 10/07/2025 18:46

BabyCatFace · 10/07/2025 18:28

Yes even so. Schools can do home visits for persistent absentees or for children where there are significant welfare concerns but that's not the same as social services getting involved. What do you think social services could do? They couldn't even visit without the father's consent!

Oh, interesting, I’ve seen a number of posts on here about schools that have turned up for (attempted) house visits after just a couple of days of children being sick. Usually infant and junior schools, granted.

DCCutOffFromMe · 10/07/2025 19:34

thepariscrimefiles · 10/07/2025 18:25

But that makes no sense. As you have said:

'Split due to ExH violence, control and abuse which was proven in criminal court but not in family court.'

I assume that he has a criminal conviction so surely this can be raised by your solicitor?

He does have a criminal conviction, more than one, but family court said it doesn't meet the threshold to class as domestic abuse and violence so threw out all evidence of DV.

So our case is treated as two parents who can't decide, because I can't link his behaviour to our marriage due to the DV evidence being thrown out.

OP posts:
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