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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:
BabyCatFace · 30/12/2025 10:00

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’….

The situation is quite different in that case. OP of this thread has followed the process and the proceedings are still ongoing. There is no order to enforce here, because the final decision has not been made. The court has approved the interim care arrangements. In the other thread there was a final order and the father had breached it.

DCCutOffFromMe · 30/12/2025 13:05

purpleygrey · 29/12/2025 20:26

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 ?

He told court and cafcass that I have threatened to harm myself to keep him away from DC, and that DC is always coming to him dirty, covered in nits and starving hungry.

School have no concerns about DC in my care, there's occasionally toothpaste on DCs blazer because no matter how many times I insist they don't wear their blazer to brush their teeth, DC is adament they must wear the blazer to brush their teeth in - but school said they weren't concerned at all, their hair is always neat and tidy and looks washed and brushed, since starting the school in September 2023 (for year 5 as it's a middle school) DC has had two new pairs of glasses and a new set of hearing aids - which school said is about what other pupils with those devices/aids have and DC is very attached to their glasses so they have no trouble getting DC to wear them, in fact they have the opposite problem of getting DC to take them off for PE lessons because DC claims they can't see at all without them (they can but due to their mobility issues DC finds it hard to see without the glasses). School can't see what ExHs issues are because they have no concerns about DC with me, but do have concerns about DC with ExH.

OP posts:
BabyCatFace · 30/12/2025 13:07

Do you have a report from school that says all that?

DCCutOffFromMe · 30/12/2025 13:09

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’….

I saw that thread but my situation is different.

The interim order states DC lives with ExH and i see them outside the home until a final order is made, so I can't just bring DC back to mine or breach it.

My solicitor is certain that it will all be taken into account, she's not saying it's impossible that DC will be home with me, she's just saying it's going to be a hard fight because cafcass are on ExHs side.

I do have professionals backing me; School have no concerns about me/my parenting, I am regularly engaging in mental healh support and have done since the split in 2017, although I rent, I live in social housing so my tenancy is guarenteed until DC is at least 18 and there is no arrears or issues with payments and the HA I rent from has confirmed they're aware of my income and that it's a secure and stable source - this all goes in my favour. ExH lives with his parents and the report implies they do most of the care, which also goes in my favour because I live alone which implies I'm the primary caregiver.

OP posts:
DCCutOffFromMe · 30/12/2025 13:10

BabyCatFace · 30/12/2025 13:07

Do you have a report from school that says all that?

Yes, the school have written a letter to court in which they lay out concerns about ExH and then go on to state "no concerns in mothers care" and that they do not see any evidence of the fathers accusations.

OP posts:
DCCutOffFromMe · 21/01/2026 10:41

Another update

Fact finding found me to be not guilty of any of the accusations ExH made about me, however the judge is not satisfied they have enough from DC about what they want because they've not been to school since July and cafcass have been unable to speak to them while they've been there.

We're back in court in May and I've been awarded 2 overnights in the week and every other weekend for 2 nights in the interim (so 6 in 14, which is close to the 50/50 we had before). ExH has again been ordered to return DC to school, but he has said no and repeated he wants them to move to a school near him.

Cafcass are going to try to arrange to speak to DC in school on the days they're in school after being with me.

I saw DC after the hearing as ExH took DC to the court, I was allowed to spend time with them and they're very excited to go back to school and to spend time in my home again.

Solicitor thinks now it's likely to go 60/40 in my favour given ExH has ignored every instruction the court have given. He has absolutely no evidence DC is unhappy at school, in fact the school have repeatedly sang DCs praises, and stated in two different written statements that DCs friends are still now asking to see them even almost 6 months after they last saw DC in school.

I am arranging some sleepovers and playdates with friends once DC is settled back with me.

Will update again in May.

OP posts:
shufflestep · 21/01/2026 14:40

That sounds much more positive; I hope for all your sakes that things move back to your house being the base.

Londongirl8922 · 21/01/2026 14:45

What a very positive update I’m very happy for you!. Sending so much love your way and enjoy your time with your DC ❤️

BabyCatFace · 21/01/2026 15:29

What a fantastic update. I'm so sorry you all had to go through this.

MissyB1 · 21/01/2026 16:59

Brilliant news! So pleased for you, but so sorry you and the kids have had all of this shit to deal with.

Ilovethewild · 21/01/2026 18:21

So pleased to hear more contact is happening and things are looking good for you. Like many of us I read the other similar thread, and recognised that your situation although similar was different and although it has taken time (more abuse via family courts), things are more positive and you too have done so well to remain strong for what’s right for yr child through such difficult times.
well done 🤗💐

StealthMama · 21/01/2026 19:15

So the children will go to school when they are with you but not when they are with Dad? This is so damaging for them.

os there nothing else that can be done to force him to bring them to school?

Quitelikeit · 21/01/2026 21:38

You have had the patience of a saint

DCCutOffFromMe · 22/01/2026 09:08

StealthMama · 21/01/2026 19:15

So the children will go to school when they are with you but not when they are with Dad? This is so damaging for them.

os there nothing else that can be done to force him to bring them to school?

It's just one child but I've used to DC to hide their gender. Yes they will go to school on my days and possibly not with their dad, because their dad doesn't want them at that school. I know it's damaging for DC, but they haven't been to school since July so 2 days a week has got to be better than nothing.

The court don't know how to force him to send DC to school, we've already both been fined for not sending DC to school and the court made him pay my fine too but ExH just shrugged and said I better get used to it.

OP posts:
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