Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Lone parents

Use our Single Parent forum to speak to other parents raising a child alone.

Needed help & now my ex is using it against me to try take kids off me.

17 replies

SassyD · 23/07/2013 15:27

I'm new to this so please bear with me & apologies for the essay but I need to get this off my chest before I breakdown completely!

I've recently faced up to the fact that my life was falling to pieces & that I needed to face responsibility & take back control over my life, you see I have a medical condition that can leave me in agony for days sometimes weeks at a time & then to top that off you bowel has stopped working & I've been trying to deal with these conditions for almost 3 1/2 years along with been a single mum to two children & the legal guardian of my younger sister too all while trying to hold down a full time job too.

I guess I should back up a little my partner & I split up 10 years ago now while our children were 4 & 10 months old, unfortunately due to the nature of my ex's job he hasn't always been able to have consistently regular contact with the kids & would often have to cancel at the last minute. Over the years I have done everything I can to ensure they saw their dad as often as possible even cancelling my plans if he would ring saying he had a spare few hours through the day or taken them to him & picked them up even when he moved approx. 30 miles away.

Once my daughter turned 2 I went back to college & got the qualifications I needed before starting work full time as I really wanted to be the one supporting my children. They both went to a child-minder & everything was on the right track for a number of years the kids learnt that there dad would have them when he could. Five years ago my younger sister who was 15 at the time came to live with me as she was on an interim care order so I had to go through all the police checks & home visits etc. before we could be approved to come live with us & over the years I?ve had to undergo numerous visits both by her Social Worker & Child Protection Team too & each time they went away happy with both her progress & how well so was doing in school as she?d not attended for over a year.

Unfortunately just over 3 years ago I was taken into hospital with server & after two weeks of tests was referred to two specialists for further tests & given possible things that may help with condition. After just over a year of tests & been told it was just in my head I was finally diagnosed with abdominal trapped nerve & told that my bowel had pretty much stopped working too which added to the abdominal pains. So for the last couple of years we have tried various medications & therapies to ease the pains but I just have to live with the chronic pain while still raising a family by myself while holding down a full time job & I managed it for a long time but last summer the pains became unbearable & I spent almost 2 months not been able to do anything even going from the bedroom to the bathroom could prove almost impossible.

Eventually I came back to work but my son began having issues at school & fell ill a few times at the beginning of the year as a result he would start stressing out because he was falling behind this would result in him getting blinding headaches & not been able to sleep properly & he got stuck in a vicious circle resulting in him withdrawing further & further into himself resulting in him hardly leaving the house for weeks at a time. We started seeing his G.P. in March & she suggested ideas to help bring him back out of his shell & I spoke to his school too. Through all this time we began to notice there was serious damp in the house & in all honesty I did allow the housework to fall by the wayside as due to the stress of my son been upset & struggling & working while trying to look after my kids too while not been able to sleep for days at a time I was completely drained both physically & mentally. As a result of this we began having more takeaways & began going out places on a weekend so we didn?t need to sit in the house as it was depressing (I know I should have tried fixing things instead of ignoring them) & as a result I did fall behind on my rent too (I?m not proud of this fact).

Just over a week ago I had a meeting with the education service for my sons attendance & I realised I needed to stop hiding from the problems & admit I was tethering on the edge of a breakdown that If I didn?t take control & also ask for help then I would end up having a complete breakdown. So I got my son back into school with the help of the educations assistance, I began clearing all the clutter from the house & trying to tidy up things so we could get the damp treated & then I tried to arrange making payment of half my outstanding arrears & set up a payment plan for the next couple of months to clear the rest but was told they wouldn?t accept that it was all or nothing & they wanted us to leave in a few weeks. I figured while I got things back on track the kids could go spend a few weeks at their dad?s especially when we removed the beds & saw how damp was I really didn?t think it was the best place for them to be
After seeking the advice of a financial adviser & housing support officer is was suggested I would be better off finding somewhere else to live & then payoff the debt at a later date rather than find myself homeless so I looked at several houses & eventually I found somewhere that felt like home so I managed to borrow the deposit & with the amazing help & support of my work mates I was moved in on Friday & the house is almost ready I also have requested reduced hours at work & they will be implemented in the coming weeks & I?ve managed to get all this stuff done in just under a week & I?m happy to say that I can see my life beginning to turn around & I don?t feel as though I?m going to snap at any moment anymore. I?ve done all this with my ex constantly telling me how much of a failure I am & how I?m unfit to be a mother & there not coming home as I?m running away from my problems, I?ve told him that it?s as though he wants me to have a breakdown & that?s why he?s making things more difficult than they need to be. Last night I picked the kids up although I can only see have them when he says & for how long he stays so the kids were upset when it was time to meet their dad & after lots of upset & arguing from the kids even though I had tried to explain that they needed to be with him for a few more days he started carrying on with me saying they are stopping as long as he says they are & if they don?t stop carrying on with him then they won?t see me at all until he thinks I have learnt my lesson in the end he said he would get a court order to keep them which finally got the raise for me he?d been looking for so I said I was taking them home with me. He then got physical & my son ran off as their dad threw our daughter into his car. The police were called as he?s been violent with me before & I was scared they sent my son home with me while they went looking for my daughter & once they meet him brought her home to me. Now today he has told me that for the last two days he?s been in court trying to get custody of the kids & that I have to attend Friday for a residency order & I?m terrified I will lose them as he has money for top notch solicitors & I can?t afford one at all plus in on a warning with work due to time off for kids & hospital appointments but there my kids I have to go. Can he get custody based on the fact I?ve been struggling lately even though I am turning things around?

OP posts:
cestlavielife · 23/07/2013 15:59

in a word , no.

do you hoenestly think it is in the chidlrens best intersts to suddently go off and live with this man?

speak to your social worker and other proferssionals - is ther someone woho would come hold your hand? as well as a solicitor.

first off - how old kids now, what are their wishes and feelings? they presumably at least 10 so their wishes and feeelings will be taken into account.

second, the fact of asking for help show you to be a good parent - dont foget that. if you seeking help, taking help and getting support then that shows you a good parent.

ring police and get a copy of the reference number of the incident.

finally - stop having convversations with him. dont ahve contact with him unless you need to make an arrangemtn to drop off a child with him.

DONT speak to him or converse with him he will wind you up and threaten and terrify you.

let him contact you via email only and via solicitor or social worker or other third party.

he is winding you up with threats and you need to keep all that away and
think logically -

what is in the best interest of the children?
what and where is the home they know?
who is the main carer they know?

it is the best interest of the children that is paramount ehre and given the ages their wishes and feelings. focus on that and all you ahve done in past ten years to keep things going provide for them etcetc

AnotherStitchInTime · 23/07/2013 17:25

He is just trying to frighten you.

You need to get a solicitor asap, stop all communication with him unless it is via a solicitor. Get them to apply for a residence order for the children and a non-molestation order to keep your ex from being able to come near you.

Go to your GP and get signed off work for a week to give you some breathing space and time to go to solicitor etc... All the stress must aggravate your medical condition.

Speak to your old social worker, you can get references from them regarding their satisfaction with your parenting.

Phone the Police and get the crime reference number, it will be useful in any court case and also re: the school (see below). We're the previous DV incidents recorded too? If they were get details and give that to your solicitor.

Re: records, it is often a lot faster and less costly to get as much of your Police,.Education and SS records yourself via the Data Protection Act than waiting on the solicitor to do it. Look on the Police and council websites to find out how to go about it.

Speak to the school about the domestic violence and issues regarding access. Make sure they understand ex is not meant to be picking your children up from school.

AnotherStitchInTime · 23/07/2013 17:28

Go to your local CAB for access to legal advice.

PleaseLetsGoToSleep · 23/07/2013 18:59

Did he tell you that you've got to go to court on Friday, or have you had a letter or something? It takes an awful lot longer than 2 days to even start custody proceedings, these things take months. Unless you've had an official letter, which the court will always send to you, then it's all rubbish. It sounds like he has no grounds to get custody of your DC, stupid man, let him waste his time and don't let him intimidate you.

AnotherStitchInTime · 23/07/2013 20:21

Was also going to say post over in legal matters for advice too.

betterthanever · 23/07/2013 23:58

OP you are an amazing mum and cestlavie has put it all very well. I was going to add what please said to you - you don't have to just go to court without having something in writting. Have you heard of an organisation called cafcass? You don't sound like £10k in solicitors bills would help they don't help anyone . I would go to the first hearing as it will be called on your own and self rep. But get a free half hour with a sol first, speak to the CAB and cafcass to get as much info as you can.
He will not get `residence' of the DC on Friday even if there is a hearing which I doubt. Keep posting and get as much info as you can.

Hamwidgeandcheps · 24/07/2013 00:15

Yeh I don't buy that there's a court hearing on Friday either it takes much longer!
Op you seem v strong and together and you have managed v well with z few hurdles Grin what puts you in a b strong position is that you have asked for help from the relevant agencies and engaged well with them. Your sister wouldn't be placed with your if there were questioned about your parenting. Asking your ex to look after the kids for a couple of days whilst you move house is a perfectly reasonable parenting choice to make. I doubt he has a leg to stand on!

AuntySib · 24/07/2013 00:30

Am amazed at how much you've achieved in so short a time, if you can get all that done whilst ill and so stressed out, I'm sure you'll work through all this.
If there is a court hearing on Friday, you would expect to have a formal letter from the court. If you are worried, ring up the local court and ask them to check. It's possible he could have applied for an ex parte order, but that would normally only be for 7 days and you would then have notice of a date.
Can you re-post in legal? - it's many years since I worked in this area, and hopefully you can get some up-to-date, clear advice.

SassyD · 24/07/2013 11:27

Thank you all for your kind word Smile

As yet I haven?t been issued with court papers as he doesn?t know my new address & I refused to meet him yesterday after Monday?s fiasco. My DS is seeing him this afternoon as he feels as though he?s letting his father down by wanting to be with me (I hate he?s put them in the middle like this) so I?m assuming I will receive them today via my DS.

I know I?ve took the first step & took control of MY life back from him & sorted my problems out on my own & he hates that, he even told the kids last week I wouldn?t sort things out & would end up sleeping in my car or on someone?s sofa (no wonder they were so worried about me) & he doesn?t like it one bit.

On a positive note the SW was happy with the way I?d turned things around & the fact I was facing my problems head on not hiding from them anymore. Originally he was going to suggest some home help so someone could help me sort out the problems but by the end of the discussion he decided that I know what the problems were & have identified where I need to make changes & what to do to ensure I don?t end up in a similar position so he said he was going to advise no further action. My DS is 14 and he spoke with the SW on his own I believe he wants to stay with me & he told him all about Monday?s incident in detail as did my DD who?s 10 at the moment she refuses to see her dad (she?s still upset) & is adamant that she wants to be with me.

Unfortunately the SW will also be visiting my ex tomorrow to do a report too & I know he will try say that I?m just say what needs to be said & how this has been going on for years etc. but I have given him the details of my child-minder who has look after the kids for 8 years & the details of my sisters SW to contact just to prove that everything was okay until recently (things spiralled after my sister moved out in March)

Thank you again for all your positive replies & the advice you guys have given I really do appreciate it

OP posts:
SassyD · 25/07/2013 22:40

Okay just a quick update as I'm baffled my ex has now told our DS that he isn't taking me to court now tomorrow & I'm wondering what he's up to don't get me wrong I'm happy & so relieved that he's not going through with it but I don't get why upset the kids by telling them he's taking me to court so he can have them full time then just walk away a few days later Confused. I can't help but worry he's up to something.

I know if he goes without me then as he never server me with the summons then I guess they'd just postpone but the kids have been so anxious about the whole thing & it's for nothing Angry

Thanks for allowing me to ramble on MN I'm just hoping I'm over thinking everything

OP posts:
cestlavielife · 25/07/2013 23:30

Just let ds know that if it should happen then he ds willa Los be able to put his views across and speak to the judge. So whatever his feelings are he would get a chance to say them
.try not to worry about what ex says until you see specific papers etc

betterthanever · 25/07/2013 23:36

How old is your Ds OP? I can't believe the courts are putting so much pressure on mine at 8 he should not be having to make adult descions - so wrong.

SassyD · 26/07/2013 07:22

He's just turned 14 but my DD is 10 it's hardest on them I think really which is why I never went down the courts avenue before.

OP posts:
ChinaCupsandSaucers · 26/07/2013 07:30

It is possible in these situations to secure an emergency residency order if it can be proved that the DCs are at immediate risk; in that situation the other parent would not always be notified or involved. The court can issue a temporary order, for a limited period, until a full hearing involving both parents and all the facts can take place.

OP, you would benefit from some legal advice.

betterthanever · 26/07/2013 09:09

If legal advice is too expensive - have a chat to cafcass over the phone and let them know your concerns as this is a welfare issue not legal.. well I know it is legal too but it's family law so welfare of DC just as important and cafcass are concerned with that.

SassyD · 07/08/2013 16:30

He's not tried contact us since he dropped the case so hopefully that's the end of all this now. Kids are still hurt by what's happened & our DD even tried to appologise for asking the police to bring her home but he just told her "it's done now" & "your mothers a liar" poor little thing now thinks he hates her espacially as other than 2 phone calls (both made by my DS) he's shown no interest in seeing them at all.

Thanks guys for all your advise I've cut all my comunication with him & anything further will have to be handled with solicitors

OP posts:
PleaseLetsGoToSleep · 07/08/2013 20:11

Good, well done. What an absolute dirtbag, your dc will be better without him.

New posts on this thread. Refresh page