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Disagreeing over contact, getting messy

68 replies

PepperAndPops · 27/06/2018 21:16

Kids are 9 and 10. Split when they were 1 and 2. For most of their lives Dad wasn't really part of it much, would come in and out as and when he wanted, sometimes going 6 months or so between making contact, even though he lives very local to us and drives.

The past 18 months he has been living with a girlfriend and had a baby with her. She wanted to involve the kids so has been seeing them regularly for the past 18 months ish. Although it's been very hit and miss, broken arrangements (on their side), not caring for them properly (example: he had them Sunday night and sent them off on their school trip on Monday with no suncream or hats or water - it was extremely hot here).

DD2 has SEN and he hasn't turned up to important meetings and appointments, despite them specifically requesting his input (as part of ASD assessments). Even though he has been unemployed for the best part of a year now.

Never paid maintenance, had over £10k arrears through child maintenance service and god knows how much it would be if you added up stuff from before we went through them etc.

Generally been a bit useless tbh. They have a 2 bed flat, with their baby and her son (also SEN). So my kids sleep in the living room on blow up beds when they are there. This is ok to an extent but they don't have anywhere near enough sleep and come home exhausted and miserable. They don't do homework there, bath their, do reading or generally anything useful, they allow them to play out unsupervised which they know I'm not comfortable with, let them watch stuff they shouldn't (not too awful but stuff I wouldn't consider entirely appropriate, mainly due to them sleeping in the living room they are watching what the adults are watching), they make constant promises that they don't keep, the biggest one lately was telling them they were taking them to Disneyland, then deciding they couldn't afford it. Then promised them a UK holiday, and never got round to organising it so went for nothing instead 🙄 - honestly who does this?!

Anyway, loads and loads more issues but I'm aware the post is getting long.

His girlfriend messaged me yesterday out of the blue to say they want them Fri-Mon every other weekend. And that it's that or nothing. If I say no, they will take it to court and get it. And won't be seeing the kids until they have a court order in place.

It's all kicked off now and looks like it will be going to court. They have never mentioned being unhappy with arrangements before and literally won't discuss anything with me. I've made several other suggestions for arrangements but they say it's their way or nothing.

They have clubs or commitments most weekdays and it's a bit chaotic. I have 2 younger children also with SEN so I don't really get any quality time with them during the week. At the weekend I have respite for my most disabled son and we tend to have good quality time together, but also to get homework done etc. Having a big family, there is often some sort of birthday or whatever going on as well.

Will the courts be likely to grant them what they are demanding? I realised after we spoke what the reason is - it's just over the requirements for "shared care" meaning he won't need to pay as much maintenance. Which is what he did before by having them one night during the week (while they were mostly at a club that I fund) but now doesn't do that.

OP posts:
Doyoumind · 01/07/2018 00:15

Do you mean for mediation or court? Mediation should be very quick. You would need to get appointments in as soon as the mediator can accommodate you. Court would be within a couple of months of applying. I think it can be a matter of weeks depending on the court and how busy they are.

PepperAndPops · 01/07/2018 08:05

Ok so it's not that long then really. I don't get where I'm meant to find this money from Confused

OP posts:
Wetwashing00 · 01/07/2018 08:23

I had a 1-1 with the mediator that was free (so did my ex) then our first meeting all together was free.
I was supposed to pay full price for our follow up
Meeting but literally couldn’t afford it so they knocked it down to £30 or so. My ex ‘wasn’t working’ (always signed On & works cash in hand jobs) so he wasn’t paying anything I believe.My ex never turned up so I didn’t pay anything.

PepperAndPops · 01/07/2018 08:41

Ah ok. I'm not working. I've tried googling but every company seems to be completely different and I don't know who they will use

OP posts:
Wetwashing00 · 01/07/2018 11:29

Just be honest with the company, they can’t expect you to pull money out your arse if you’re not working.
I told the company I used, that since I live wage-wage (part-time) and my ex doesn’t pay maintence I simply could not afford their fees.
Ex would’ve had to pay court fees and I would just represent myself in court to keep costs down.

If it would cause you financial hardship to pay it just don’t.

PepperAndPops · 01/07/2018 19:13

Wet washing - so what happens if you don't pay it?

OP posts:
Wetwashing00 · 01/07/2018 21:43

At a guess...your ex then files paperwork to the court (he pays)

I don’t know for sure though,
My ex got his contact reinstated on our first mediation meeting, didn’t turn up for the second so I’m back at square one. Back to swapping & changing weekends to suit his social life, wanting extra days on my time, doesn’t may maintenance, keeps all the decent clothes/shoes I send her with, doesn’t do homework or reading with his DD, doest ensure she showers, I could go
On for days.

He hasn’t filed paperwork with the court. So there’s not much I can do until he does

PepperAndPops · 02/07/2018 08:59

Right so that doesn't really help me then. I would think I'm better off finding a way to pay the money? As otherwise it will be me that's prevented mediation?

OP posts:
Wetwashing00 · 02/07/2018 09:23

If paying mediation fees would seriously affect your financial situation or cause hardship then I don’t see why the court can blame you for that.

But as you said you’re not working so I don’t think you would pay much if anything.

PepperAndPops · 02/07/2018 11:19

This is what he messaged me 3 weeks ish before making these new demands. After this message he stayed at his mums for a week and then it was when he moved back in that she started messaging me all this court stuff etc

Disagreeing over contact, getting messy
OP posts:
Wetwashing00 · 02/07/2018 11:49

I’ve had almost the same issues with my ex, when his Mrs kicks him out he says he cannot have DD.
My DD has had to pack up all her stuff once before and take it over to her nans with her dad & his stuff.
I would be stopping overnight contact if their relationship is ‘toxic’ and I would be telling your ex’s partner that she has no right to make contact requests or demands.
It is between him & you only.
If he wishes to go to mediation/court let him. But keep all the texts to show the court if needed.

What do you think is suitable contact with their dad?
EOW? Every weekend?

PepperAndPops · 02/07/2018 12:07

I would be happy with something such as every Sunday (every other Sunday would work better for me but I know that's not what it's about), unlimited access between school finishing at 3.20 and say 8pm in the evening.

Or one weekend a month Friday to Monday with some weekday contact in between.

I'm generally very flexible but when one min he has been kicked out and the next she is messaging to say "we want the kids fri to mon every other weekend or nothing" then it got my back up. They didn't even ask or give me any previous indication of wanting more contact or that they were unhappy with current arrangement.

OP posts:
Wetwashing00 · 02/07/2018 12:25

Have you discussed with your ex what your ideal contact arrangement would be?
His response?
Don’t respond to her at all, it’s not her place. Or if you feel she should be told just respond politely: I will discuss the arrangements with their dad.

PepperAndPops · 02/07/2018 15:19

Trouble is she replies through his WhatsApp. So it often seems like him then down the line I realise it's her. And sometimes both - so really hard to know who I'm talking to

OP posts:
Wetwashing00 · 02/07/2018 15:32

I’ve had the same, I will continue to respond as if it’s him not her

PepperAndPops · 02/07/2018 16:04

That's pretty much what I've done really.

I've offered every Sunday for the day and unlimited access in the week. But they have said that's insulting and no where near enough. Really it's the best day of the week as they often have clubs and trips etc on Saturdays so I think I was being more than generous. They seem insistent on overnights but I can't see how this benefits the kids when they are on blow up beds (provided by me after they were given just cushions), in the living room.

OP posts:
Wetwashing00 · 02/07/2018 16:16

Ask them to sort suitable sleeping arrangements before you reinstate the overnights.
Give them the opportunity to fix issues before taking it all away.
Why can’t your ex take them to the clubs?

angelichosts · 02/07/2018 16:27

For mediation, they assess each parent separately. If you are working and your Ex is not, then it is likely that they will require payment from you but not him. Here is an example of mediation costs, £130 per person per hour:
familymattersmediate.co.uk/what-is-mediation/cost/fees-per-meeting/

In my experience, the mediation people are not keen on anyone other than the genetic parents being part of the mediation process. My husband has parental responsibility for my daughter, where as her Dad (my ex) does not. The mediation people told me that my husband could not be part of the process, even though he is legally responsible for her. I was quite happy for my daughter's stepmother to be at the mediation too, as she was also a big part of the picture too.

Eventually the mediation people grudgingly gave in and said all 4 of us were 'allowed' but then my ex and his wife cancelled the whole process and I never heard from them again, until her parents made a false report to the NSPCC.

Make sure you have some physical evidence of the current rejection of offers of visitation, e.g. text messages or emails. My ex would also text me a statement rather than discussion about changes in contact, e.g. text me to say I had to meet him at a service station to collect my daughter (at an earlier time when I was actually at work), rather than ask if that would be OK. I would just respond that that was not possible. He just liked to feel he was in control I think.

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