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any advice/support - ex says he's going for custody

12 replies

Holliewantstobehot · 22/10/2013 11:29

Ex and i split up 3 1/2 years ago and our two dcs have always lived with me and have gone to his 4-5 nights a month around his work shifts. My ds has sn and has been struggling a lot over last 6 months with meltdowns and stress and i have arranged for him to go to camhs and am working with ds on his issues. Ex has now sent me a letter detailing all the reasons why he and his gf think i am a bad mum and saying he is going to ask to cut his hours at work and go for custody. He text me yesterday asking me to go to his so he and his gf could go through their concerns with me. I text back i would only discuss through mediation as he is very good at bullying me and i don't see that it has anything to do with his gf. Should i get a solicitor? Any advice would be good.

OP posts:
Onebuddhaisnotenough · 22/10/2013 11:44

Get a solicitor yes. Do not engage with him directly.
Custody is such an outdated term so it's obvious that he hasn't taken legal advice. Terms are contact and residency.
Good luck Smile

dobedobedo · 22/10/2013 11:49

Get a solicitor asap. My ex did this with me (he was unsuccessful).

Keep the letter, it could count against him as bullying behaviour. All these things will be taken into account when it goes to court. A social worker will visit both homes and meet the kids and ask lots of questions. Be beyond reasonable with everything. Don't get emotional or petty. Let him hang himself so to speak if he's being bullying.

Tell the gf to go and get fucked! This has nothing to do with her.

veryconfusedatthemoment · 22/10/2013 12:04

I am just going through this. The constant threats of "you're are a bad parent, I am better" are so wearing. I dread my son being asked his opinion - I set boundaries, Dad is Disney dad and doesn't and I don't trust the courts to see through it.

Holliewantstobehot · 22/10/2013 12:06

Thanks - i have always been reasonable and flexible with contact etc. I am only communicating by text now. I have bent over backwards to try and work with him as a parent and be fair but he has now pushed me too far. I don't think he has seen anyone but is using this to hold over me iyswim. Will get a solicitor tomorrow. Just so worried for dcs as they don't need any more upheaval.

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addictedtolatte · 22/10/2013 12:07

Basically what dobedobe said. Let him take you to court and waste his money. He's got bob hope and no hope. If your meeting your child's needs which it sound like you are they would not uproot them and transfer residency. Don't stress about it just get a bit of legal advice as we'll you will be fine. Legal aid has stopped for family law so he will have to dig deep. I've been through this and won so just remain the good parent you seem to be and you will succeed. And as for the gf tell her to f**koff Smile good luck

3xcookedchips · 22/10/2013 12:22

He's smoking crack. I assume there is no order in place at the moment and this current arrangement has been in place since you split?

How old is your son?
Has there ever been ss involvement?
How far away does the Ex live?
How long has he been with the gf?
Where are picks up/drop offs done - at your houses or school so you don't have to see each other?

If you find him a bully, communicate with him via email. Ask him to put down his concerns and what his proposals are.

Not necessary at this stage to instruct a solicitor. Save your money for when you really do need one.

If he IS going to make an application he has to show mediation has been attempted but there's nothing stopping either of you engaging before an application is made.

If you end up in mediation remember, what agreements are reached are not binding but it might open his eyes(and yours maybe) what realistically can be achieved.

Arm yourself with as much info as possible beforehand other than relying on MN(where the views/advice can be polarised)

Do you have any friends in separated relationships. Do you have mutual friends?

Ignore the gf, and what he says the gf says...she'll only wind you up.

He may make progress, he may not - these are some of the factors that will affect whether he does - but, he wont get what he wants.

You
Him - his emotional intelligence is key, already we've had an insight.
your communication to him
His communication to you
Age of your son
The status quo
Valid welfare concerns
mediation
If you self rep,
If he self reps
Your barrister
His barrister
The judge who hears 1...n hearings - where n can be a large or small number, and you may not get continuity of judge.
Whether Jupiter is aligned with Mars.

And most important - WHATS IN THE BEST INTERESTS OF YOUR SON.

All of these would have to be in alignment if he had half a chance.

You are a long way from the above so don't sweat, and deal with each step as they come.

Holliewantstobehot · 22/10/2013 12:41

Nothing legal has ever been done. Ds is ten and dd is 7. I have never had ss involvement and am doing everything i can to get help in place for my ds. He usually picks them up from school and drops them back next day. He only has them on a saturday once a month and then i usually take them to his nearest supermarket to hand over and he drops them back as when he picked them up ds would not want to go. My worry is his mum is allegedly pushing for this and she is loaded so may pay for solicitor. I have a little money i am saving for when my car falls apart but would happily spend it on sols but don't want to run out

OP posts:
mumandboys123 · 22/10/2013 15:11

the best solicitor and all the money in the world won't change this situation for him. He has the children once a week and once a month at weekend - that in itself says an awful lot to any judge.

I know it's hard but please don't worry about this. You don't need a solicitor until he decides to go to court. His mum and his girlfriend have nothing at all to do with it from a legal perspective and he'll soon have his bottom kicked in court if he tries to suggest he AND his girlfriend believe the children will be better off with him. It's not up to her and you have no obligation to discuss with her.

The next time he says he wants to discuss things, send him an e-mail saying 'you have asked to discuss.....I am willing to attend mediation but do not believe a threeway discussion between ourselves and your partner would be reasonable' If you feel you would be happy for her to attend mediation then say so (I always did as I figured it made it look like I accepted her in my children's life). Everytime he asks to discuss things, reply with an e-mail that you are happy to discuss with a mediator present. Don't get into any more detail, don't even ask what his concerns are, just say you are happy to discuss anything regarding the children in the presence of a mediator.

It'll be fine. He'll more than likely back off if he realises he can't bully you. A solicitor will tell him he needs to mediate in the first instance. If he takes it straight to court and all you've said is 'fine, happy to discuss with a mediator' who looks like an idiot?! He's setting the tone so let him - give him the rope and he'll hang himself.

Holliewantstobehot · 22/10/2013 16:21

Thanks for all your support. I will definitely go down the mediation route. Just annoyed with timing of it all as am in the middle of sortng things for ds with camhs etc and don't need to be worrying about all this too.

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bongobaby · 22/10/2013 17:45

Is that the best he can come out with "You are a bad parent" " I'm going for custody" blah blah la la la.... Bore off
I suggest him and the GF get something better to do with their time together instead of plotting and having you as topic of conversation, How sad is she?? Its a sign of his guilty part time parenting that he is now trying to bully you, Such a man-child thing to do. She must be well chuffed to be with him.
carry on being the good parent that you are being...try to not let him get to you.

Tubemole1 · 22/10/2013 17:59

I have no advice than too say it must be frightening for you. Hugs x

addictedtolatte · 22/10/2013 21:30

Try not to let it get to you. He really doesn't stand a chance. If he was that worried why has it took him 3and half years to voice his concernsHmm my exp walked out on me while I was 5 months pregnant and had his 2 year ds he reaappeared 6 months later and tried to get my children off me demanding I was sycologically assessesed. The things he said about me to authorities was shocking but they seen right through him and he ended up with less custody as courts supported me. Your children are in the best place and the courts will see this. It has to be very extreme for them to recommend a transfer of residency. Take care and just enjoy your kids and don't let this man child upset you

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