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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:
DCCutOffFromMe · 18/12/2025 13:27

We now have evidence that cafcass are on ExHs side, they've written in an email to my solicitor that they don't believe I should be around my DC and that I need to step back.

My solicitor is certain she can argue against their bias.

OP posts:
cestlavielife · 18/12/2025 13:55

That s why dc needs their own advocate

DCCutOffFromMe · 18/12/2025 14:02

cestlavielife · 18/12/2025 13:55

That s why dc needs their own advocate

The issue my solicitor says is because ExH is banning cafcass from his house, why would he let an advocate in?

OP posts:
cestlavielife · 18/12/2025 14:08

If court orders a childrens guardian exh will have to give access.
If he does not presumably court can enforce?

DCCutOffFromMe · 18/12/2025 16:46

cestlavielife · 18/12/2025 14:08

If court orders a childrens guardian exh will have to give access.
If he does not presumably court can enforce?

They can't force entry into his home no

OP posts:
BabyCatFace · 18/12/2025 16:47

cestlavielife · 18/12/2025 14:08

If court orders a childrens guardian exh will have to give access.
If he does not presumably court can enforce?

This is not the case. Only a warrant can force someone to allow entry into their home.

cestlavielife · 18/12/2025 16:50

Give access to the child.
Does not have to be in his house
If judge says child s views need to be obtained then that needs to happen

BabyCatFace · 18/12/2025 17:06

cestlavielife · 18/12/2025 16:50

Give access to the child.
Does not have to be in his house
If judge says child s views need to be obtained then that needs to happen

Who are you talking to?

DCCutOffFromMe · 18/12/2025 17:12

cestlavielife · 18/12/2025 16:50

Give access to the child.
Does not have to be in his house
If judge says child s views need to be obtained then that needs to happen

I have given access to my DC when I've seen them, ExH however won't allow it, cafcass can't force their way in.

OP posts:
cestlavielife · 18/12/2025 17:51

If cafcass or childrens guardian see the child and talk with the child then they can get the child' s view.
Does not need to be in ex s house
Why do they need to get inside the ex 's house?
It would be good if the child's views are obtained away from mum or dad and that the court appoints a child guardian
Precisely in this kind of situation

Childrens Guardian – What They Do in Family Disputes share.google/UUFQBgpoXPRJyEnfk

Anonanonanonagain · 18/12/2025 17:54

How can cafcass be on his side if he wont even let them in?

DCCutOffFromMe · 18/12/2025 18:29

cestlavielife · 18/12/2025 17:51

If cafcass or childrens guardian see the child and talk with the child then they can get the child' s view.
Does not need to be in ex s house
Why do they need to get inside the ex 's house?
It would be good if the child's views are obtained away from mum or dad and that the court appoints a child guardian
Precisely in this kind of situation

Childrens Guardian – What They Do in Family Disputes share.google/UUFQBgpoXPRJyEnfk

Cafcass have spoken to DC away from me during some scheduled time with me

I asked that a family member who wasn’t me be present which my solicitor said was perfectly legal and allowed.

ExH is the one refusing access.

OP posts:
DCCutOffFromMe · 18/12/2025 18:29

Anonanonanonagain · 18/12/2025 17:54

How can cafcass be on his side if he wont even let them in?

They’ve interviewed ExH by phone and face to face he just won’t let them into his house or let them speak to DC.

OP posts:
purpleygrey · 18/12/2025 19:21

I’m absolutely appalled by this. Not surprised as I know the court system can be an absolute fuck up.

sorry your going through this OP

HarryVanderspeigle · 18/12/2025 21:05

Oh my gosh op, what a monumental shit storm. I would honestly not believe this, but a friend went through similar, so I have seen it happen first hand. They say lessons have been learned after each abuse leads to a tragic outcome, but this is no different. A child should have access to their friends and school and it is a hugely red flag to be preventing this.

thepariscrimefiles · 19/12/2025 07:49

DCCutOffFromMe · 18/12/2025 18:29

They’ve interviewed ExH by phone and face to face he just won’t let them into his house or let them speak to DC.

And that doesn't ring alarm bells with them? They take the word of a vindictive ex-husband with a criminal convicttion for violence against his ex-wife? I assume that they have absolutely no proof of your ex-husband's allegations and have just taken everything he has said as gospel and everything that you have said as lies?

DCCutOffFromMe · 19/12/2025 09:21

thepariscrimefiles · 19/12/2025 07:49

And that doesn't ring alarm bells with them? They take the word of a vindictive ex-husband with a criminal convicttion for violence against his ex-wife? I assume that they have absolutely no proof of your ex-husband's allegations and have just taken everything he has said as gospel and everything that you have said as lies?

They have admitted he did not meet the conditions of his caution given to him by the police for things he did to me, but they've said it's fine because he doesn't need it.

He's not been known to police or social services since the initial split so he's not seen as a risk.

I however have a whole list of medical conditions caused by him, so of course I am seen as more risky.

OP posts:
morecranberries · 19/12/2025 20:41

Op what was the charge/conviction/outcome in criminal court? You don't have to answer so only if you don't mind saying it.
It's just shocking that he completely gets away with a DV conviction. I know it won't affect the child arrangement that much in real life. But it's appalling that it means nothing

DCCutOffFromMe · 29/12/2025 14:47

Thought I'd update today to say we've had the cafcass report.

It states my ExH should retain primary custody, and I see DC outside my home in the current arrangement 4 days a week. Cafcass have stated that I have made up all the DV and DA to get back at ExH, that professionals involved with DC for their medical care are bias and DC has no meaningful connection to their school or the staff there so there's no reason DC can't change schools.

Cafcass have said there is no risk to DC from ExH and that I have kept DC from him when all he wanted was to be an involved father, this includes taking DC to medical appointments ExH does not believe DC needs - Cafcass agree that DC sees a lot of medical people and doesn't really understand why so says they could well be unecessary - every appointment is NHS/Contracted from NHS (opticians and dentist DC sees under NHS, but they see DC more often than normal due to eye and dental conditions that need managing).

My solicitor is going through bit by bit and going to argue everything, especially as the medical evidence backs up that DC has these conditions and needs the input they have from the specialists.

But solicitor has said it'll be a tough argument and it may not be over when we go to court in mid January, she thinks it could go on another 6-12 months with DC not being home, and the longer DC is with ExH, the longer this is the status quo and kept as it is.

OP posts:
StealthMama · 29/12/2025 15:59

OP is your solicitor doing anything about the current order being breached by ex?

lunar1 · 29/12/2025 16:30

I know you have confidence in your solicitor but honestly she seems really ineffective.

DCCutOffFromMe · 29/12/2025 16:36

StealthMama · 29/12/2025 15:59

OP is your solicitor doing anything about the current order being breached by ex?

She's already put it to the judge and it will be taken into account in the January proceedings

OP posts:
purpleygrey · 29/12/2025 20:26

lunar1 · 29/12/2025 16:30

I know you have confidence in your solicitor but honestly she seems really ineffective.

I agree. - you seem to have blind faith in her and she doesn’t seem to be doing a great job.

unless there is a huge backstory you are not telling us. What were the allegations against you ?

hhtddbkoygv · 30/12/2025 04:42

If she thinks it's not going to work then I'm questioning whether following the rules has worked in your favour at all.

StealthMama · 30/12/2025 09:22

There has been another thread this week where father breached the contact order a wouldn’t hand the child back. The OP self submitted the C79 last Monday, the judge reviewed it and set a hearing for yesterday. Hearing went ahead, father refused to attend. The judge ordered enforcement of the order and the police went to help her retrieve the child.

something isn’t right with your solicitor, if a woman who is self representing can do all this in less time than yours as ‘filed and application’….

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