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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:
Puppalicious · 10/07/2025 20:04

What was the criminal conviction for? The standard of proof is higher for a criminal conviction than in a civil case so I don’t understand how it can be proven in a criminal court but not a civil one.

NotEnoughRoom · 10/07/2025 20:45

If the school have not been able to establish contact with your DC either, have they reported him as missing from education? That would be a further record of concern?

ArtTheClownIsNotAMime · 10/07/2025 21:54

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?

The bar for denying men access is ridiculously high. A conviction for domestic abuse against an adult is treated as insignificant.

Driftingawaynow · 10/07/2025 21:56

The family court is utterly nightmarish.

Driftingawaynow · 10/07/2025 21:59

But you’ve had a judge making an order or simply saying that DC will never be considered competent to even have a voice in proceedings? Which would suggest that DC is quite severely impacted by their learning difficulties. Yet your ex is able to block an EHCP…?

thepariscrimefiles · 11/07/2025 11:22

DCCutOffFromMe · 10/07/2025 19:34

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.

That is absolutely shocking. Dr Charlotte Proudman has written a book about how abusers manage to use the family courts to continue their abuse after the marriage has ended and how family court judges enable and support the abusers. How on earth can a criminal conviction for domestic abuse not meet the threshold to class as domestic abuse and violence in family court?

Once one judge has thrown it out, is that it? If you take your ex-husband to family court about his current conduct and him cutting you off from your child, can you not raise the issue of his criminal conviction for domestic abuse during this hearing?

DCCutOffFromMe · 11/07/2025 12:20

thepariscrimefiles · 11/07/2025 11:22

That is absolutely shocking. Dr Charlotte Proudman has written a book about how abusers manage to use the family courts to continue their abuse after the marriage has ended and how family court judges enable and support the abusers. How on earth can a criminal conviction for domestic abuse not meet the threshold to class as domestic abuse and violence in family court?

Once one judge has thrown it out, is that it? If you take your ex-husband to family court about his current conduct and him cutting you off from your child, can you not raise the issue of his criminal conviction for domestic abuse during this hearing?

Yes that's it, once one judge has thrown the evidence of DV/DA out of the court it cannot be used in any future proceedings.

So the current set up looks like two parents who can't agree. Any reference from me or my legal team about DV/DA from the marriage gets thrown out as the relationship was not that according to family court.

OP posts:
morecranberries · 11/07/2025 16:12

DCCutOffFromMe · 11/07/2025 12:20

Yes that's it, once one judge has thrown the evidence of DV/DA out of the court it cannot be used in any future proceedings.

So the current set up looks like two parents who can't agree. Any reference from me or my legal team about DV/DA from the marriage gets thrown out as the relationship was not that according to family court.

Been there so see how frustrating it can be.
Is there any further incident that you haven't reported? If there is you need to report it. I had all the previous DV evidence excluded by a judge. But when my ex got charged again for assaulting me (a new incident, after the child arrangement order was issued), this new evidence was taken into consideration when I applied to amend the CAO

cocog · 11/07/2025 17:32

your child is missing the end part of primary school assembly’s, party’s saying goodbye. your ex is being very selfish hear make sure you log everything he has missed due to this stunt.
I would call police to do a welfare check the man’s abusive and no one has seen this child to ensure he is ok. I would ask school to contact social services and do so yourself. put forms into the court.
Is this child safe with his dad. Ask the school to fine him to hopefully prevent this again and get school to provide a full report of all of the things like child not being calm, no trip money and pe kits it’s all relevant to them to make there decision it’s important to do this now as they won’t be there In a few weeks and he’s not there pupil in September so won’t have same urgency. Hope you either have him back by now or you get him back soon.

DCCutOffFromMe · 11/07/2025 20:17

cocog · 11/07/2025 17:32

your child is missing the end part of primary school assembly’s, party’s saying goodbye. your ex is being very selfish hear make sure you log everything he has missed due to this stunt.
I would call police to do a welfare check the man’s abusive and no one has seen this child to ensure he is ok. I would ask school to contact social services and do so yourself. put forms into the court.
Is this child safe with his dad. Ask the school to fine him to hopefully prevent this again and get school to provide a full report of all of the things like child not being calm, no trip money and pe kits it’s all relevant to them to make there decision it’s important to do this now as they won’t be there In a few weeks and he’s not there pupil in September so won’t have same urgency. Hope you either have him back by now or you get him back soon.

It's a middle school so DC is missing nothing they do all that in Year 8 when they go to high school.

Doesn't make it any better though. DC actually loves their school.

OP posts:
DCCutOffFromMe · 11/07/2025 20:17

morecranberries · 11/07/2025 16:12

Been there so see how frustrating it can be.
Is there any further incident that you haven't reported? If there is you need to report it. I had all the previous DV evidence excluded by a judge. But when my ex got charged again for assaulting me (a new incident, after the child arrangement order was issued), this new evidence was taken into consideration when I applied to amend the CAO

No other incidences since the original CAO which is why 50/50 was awarded 2 and a bit years ago when DC was 8.

OP posts:
DCCutOffFromMe · 11/07/2025 20:19

cocog · 11/07/2025 17:32

your child is missing the end part of primary school assembly’s, party’s saying goodbye. your ex is being very selfish hear make sure you log everything he has missed due to this stunt.
I would call police to do a welfare check the man’s abusive and no one has seen this child to ensure he is ok. I would ask school to contact social services and do so yourself. put forms into the court.
Is this child safe with his dad. Ask the school to fine him to hopefully prevent this again and get school to provide a full report of all of the things like child not being calm, no trip money and pe kits it’s all relevant to them to make there decision it’s important to do this now as they won’t be there In a few weeks and he’s not there pupil in September so won’t have same urgency. Hope you either have him back by now or you get him back soon.

It's a middle school so DC will be their pupil in September as they do years 5 to 8 here but ExH wants DC moved to a high school near him in September. Has said if I sign the forms and all the DLA and carers allowance over to him (he already gets half of those plus half Child Benefit) then he'll let me see DC once per week.

OP posts:
alcoholnightmare · 11/07/2025 20:21

DCCutOffFromMe · 11/07/2025 20:19

It's a middle school so DC will be their pupil in September as they do years 5 to 8 here but ExH wants DC moved to a high school near him in September. Has said if I sign the forms and all the DLA and carers allowance over to him (he already gets half of those plus half Child Benefit) then he'll let me see DC once per week.

What a prize winning cunt he is.

BoredZelda · 11/07/2025 20:23

porridgecake · 09/07/2025 19:19

Described in detail in the OP.

Dyslexia and dyspraxia wouldn’t preclude a teenager from being deemed capable of making decision in where they live, surely?

Omeara · 11/07/2025 20:36

If your child is missing school and you’re unable to speak to her, could you not ask the Police to do a welfare check?

BabyCatFace · 11/07/2025 20:43

Omeara · 11/07/2025 20:36

If your child is missing school and you’re unable to speak to her, could you not ask the Police to do a welfare check?

You can't ask police to do a welfare check unless you've got a good reason to believe they are at risk of harm. The family court has determined that this man is safe to have the child live with him 50% of the time so there is no evidence to think he is harming his child. Not sending your child to school isn't illegal.

Shesellsseashellsnotinmystreet · 11/07/2025 20:46

Email every school and state you do not give permission for exh to enrol dc there.. Both dps need to agree or it's off to court... Which won't look favourably on him denying your dc an education right now.
Given no adults can confirm your dc is alive and well you absolutely should ask the police for a welfare check. If they should choose they could check out his crime sheet....

Natsku · 11/07/2025 21:22

BabyCatFace · 11/07/2025 20:43

You can't ask police to do a welfare check unless you've got a good reason to believe they are at risk of harm. The family court has determined that this man is safe to have the child live with him 50% of the time so there is no evidence to think he is harming his child. Not sending your child to school isn't illegal.

There's no harm in asking though, just in case they will.

LivelyCat · 11/07/2025 21:23

DCCutOffFromMe · 11/07/2025 20:19

It's a middle school so DC will be their pupil in September as they do years 5 to 8 here but ExH wants DC moved to a high school near him in September. Has said if I sign the forms and all the DLA and carers allowance over to him (he already gets half of those plus half Child Benefit) then he'll let me see DC once per week.

Isn’t that extortion / blackmail? Has he written that down and does your solicitor specifically know that?

Shesellsseashellsnotinmystreet · 11/07/2025 21:47

You absolutely don't sign any benefits over. It that is you agreeing to him having the dc full time.

Seelybe · 11/07/2025 22:39

I'm bemused. The child apparently has special needs significant enough to have been awarded DLA for care and mobility and Carers Allowance but no EHCP? Dad doesn't accept the SN so obstructs the EHCNA process but wants all the disability benefits? And the child's needs impair their ability sufficiently that the court consider them incapable of giving their views on child arrangements? And they've been suspended from school 4 times for their behaviour - the school link this to when in Dad's care but he has now imposed full time custody? Social services definitely need to be involved, if the school know all this I'm surprised they haven't made a safeguarding referral

CookiesAreForSharing · 11/07/2025 22:57

The school safeguarding team should actually do a welfare check - safe and well check? If DC hasn't been in school, they really need to do one to ensure they are safe. That would be a very normal thing for a school to do to check why DC isn't attending, so perhaps ask them.

porridgecake · 12/07/2025 00:14

BoredZelda · 11/07/2025 20:23

Dyslexia and dyspraxia wouldn’t preclude a teenager from being deemed capable of making decision in where they live, surely?

Not on their own, probably not. But child has other special needs that have been assessed as needing specific benefits and care. Speech and communication issues, sensory and mobility problems. It sounds as if child is facing multiple difficulties and will always need help.

sesquipedalian · 12/07/2025 00:39

“Has said if I sign the forms and all the DLA and carers allowance over to him (he already gets half of those plus half Child Benefit) then he'll let me see DC once per week.”

He’s got to be joking. Surely if the court granted you 50:50 custody, then that is what it has to be - no parent can unilaterally decide to alter what the court has decided. Sounds to me as though he wants DC for the money. I assume that you have told and involved Social Services and anyone else to do with child welfare, including the school. Your ex sounds absolutely awful, OP, and I sincerely hope for your sake and that of your DC that something can be sorted out soon.

Gemstonebeach · 12/07/2025 00:59

If the child isn’t attending school, contacting the Police to at least do a welfare check would not be unreasonable.

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