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Initiating custody agreement with emotionally abusive ex

6 replies

MollyBloomYes · 03/03/2021 02:49

I've posted here and there before but recent behaviour from exh means I need to start taking action. Sorry it's probably a long one but I'll try and be concise.

So...exh left me five years ago, I was 8 months pregnant and we had a toddler. He had a girlfriend and we arranged a private contact arrangement of eow and school holidays (holidays were arranged as they came up depending on our plans which mostly worked fine). All fairly amicable once the dust settled, girlfriend did most of the parenting from what I could see but whatever, the kids saw their dad and they were happy and looked after.

When covid hit he refused to see the kids for all of first lockdown, wouldn't even FaceTime, broke up with his girlfriend and essentially disappeared. Contact resumed in September but he wouldn't do holidays. He also wouldn't take them when they were ill or had to isolate (always a bone of contention but made more annoying with longer periods of isolation required thanks to covid-I also work full time and had to take horrendous amounts of unpaid time off)

Over Christmas I caught covid, felt so ill I begged him to take the kids back-he'd already had them a few days before my positive test so had already been exposed if the kids were carrying it. He refused saying the new medication he was on (he was diagnosed with bipolar last year) made him completely unsafe to have them alone. So I was stuck with looming after them whilst seriously ill myself. A week later he asked to have them for his usual weekend but I said he'd need to have them with someone else present or with dr clearance as he'd told me he was unsafe thanks to medication. He refused and said he'd be contacting a solicitor.

Still waiting for this solicitor to appear. Apparently he is waiting for a loan as the case is going to be 'huge'. The latest email he has gone through loads of historical decisions that were mutual that he now claims he didn't agree to, that I'm keeping the kids from him, that he's going to go straight to court and demand all sorts etc etc. He refuses to go for mediation as he doesn't trust it because it isn't legally binding. My impression was that any custody dispute has to go through mediation first.

The last email was concerning. Made me feel fairly vulnerable simply because it was so....unhinged (I'm really sorry, I know that's an awful word to use but the rambling and how much was simply not true was astonishing). I'm worried about what lies he might try abd put out there or if he'll try and sneak something past me then claim I'm not engaging. I just don't know. But I do know I need to get ahead of this now and start proceedings myself. It's become clear over the last couple of years that he was always emotionally abusive, used coercive control and gaslighting etc so I don't know if that impacts on using a mediation service or not. I need to call Gingerbread or similar but at the moment it's difficult to get through on the helpline although I will keep trying.

Can anyone help me? What are the next steps? I've never tried to stop the kids seeing him, I just want to make sure they're safe when they do. If this medication isn't a danger then fine, but he needs to demonstrate that rather than just go back on his word because he's annoyed he can't see them when he wants. Do I engage with a mediation service and get them to send an invite? Go straight to a solicitor? I just want a clear consistent plan of contact in place-he frequently would dip in and put, flake on timings, take himself off on holiday and not tell me etc so I welcome something that will set everything out clearly for both of us. In all honesty my children have better role models in their life than him but regardless, his is their father and they are too young to make that decision yet. So until they are I will continue to facilitate contact but I am not willing to compromise their safety or leave myself open to accusations of leaving them with someone who has told me he isn't safe to have them.

I've considered contacting women's aid but in all honesty feel a bit of a fraud-I work vaguely in that sphere (or at least come across women who have experience domestic abuse in my work) and just feel like my historic relationship and now difficulties with an ex would take up space for someone who is in real danger. I can't work out if my ex is being abusive, having a mental health crisis or both but whatever it is it has become impossible to talk logically to him, much as I want to. I am trying to be as calm and factual as possible and don't rise or respond to his accusations.

Thanks vipers, any help much appreciated!

OP posts:
Worldwide2 · 04/03/2021 15:41

I'm sorry your going through this it sounds awful. I don't have much experience in this field. Hopefully someone else will bbe alone soon.
However I would speak to any organisation that you can and explain everything, if they can help you they will. Don't feel like a fraud for needing help.
He sounds extremely manipulative and you need people that have experience of this and help navigate you through this.
Do you have evidence of your conversations together regarding plans for the children, where he doesn't follow through/changes his mind?
I would from now on only correspond through email and don't engage in any of his games. Try to keep it factual.
Show that you do try to facilitate contact with him, msgs ect
It will be helpful of it goes to court that you have evidence of you trying to keep a relationship going.
I'm sure they have seen men like him a thousand times over. So he will have to have evidence to back up what he's saying.
But yes speak to gingerbread ect then a solicitor just to be one step ahead and organised. Although I doubt he will even go this far as to take you to court if he has to apply for a loan to do so 🤨
Plus you actually do want him to have a relationship with him, its him blowing hot and cold. The court will put in place an agreement in which he won't be able to do these games so I don't think that's what he wants really. Sounds more like to get to you.

GettingItOutThere · 04/03/2021 19:55

i have no legal advice, but what i will say is gather all evidence you have about him being unstable/unreliable and bloody useless.

get a good solicitor. most do 30 mins free

MollyBloomYes · 05/03/2021 02:03

Yes fortunately it's all on email and WhatsApp. I've kept every email and I've backed up WhatsApp to a separate drive so even if he decides to delete the messages I've still got a copy.

Still no joy in getting through on any helplines but I've made contact with a solicitor who was recommended by quite a few people on a local Facebook group-they have experience of domestic abuse cases, are qualified in offering mediation services and apparently don't take much nonsense so hopefully are just what I'm looking for. Initial meeting booked for about a month's time-earliest they can offer but hopefully that'll be ok. Even if my ex does suddenly get moving on legal proceedings I'll still be given time to respond so fingers crossed the timings will work out.

God it's all just so exhausting

OP posts:
Ffsffsffsffsffs · 07/03/2021 06:07

If he's told you he can't have the kids one week because he's unstable then demands them the next (and has conveniently and helpfully communicated this by text/email) then he's really shot himself in the foot when it comes to his claim you're frustrating contact.

No contact agreement can force him to see the kids on a regular basis, all a court order would do is ensure that you must have them available for contact at set dates and times. I would not instigate this as a resident parent as there is actually nothing enforceable on the NRP, but a huge burden on you.

If he wants to see the children, I'd make an offer (by text/email, so it is evidenced) that the children will be available at x dates/times, that holidays need to be confirmed x weeks in advance. Assuming this is a regular pattern, and similar to the previous schedule, it is up to him to accept and see the children. If he wants to retain the control take you to court over something you have already agreed, that he already doesn't stick to, then he's wasting his time and money. It doesn't need to cost you anything/much if you're confident to stand up in court for yourself (Family court really isn't some scary court with piles of judges, lawyers, juries and public viewing).

He's screwing with you op. And in doing so, screwing with the dc. My ex did the same - insisting on me jumping through x y z hoops - changing dates, times, insisting on a certain collection point, refusing any flexibility, threatening to abandon the children in the car park as I was stuck in traffic running late) until I challenged him on it (when he refused permission for me to take the dc on holiday and I applied for a SI order, cost me £200 max). He's now only seen the kids once in 18m (his choice, but very clear to anyone that it was all about ongoing control over me than his relationship with the dc) which does have its own difficulties. The kids are old enough to have sussed him out now though.

MollyBloomYes · 08/03/2021 00:03

@Ffsffsffsffsffs that's a really good point thank you and I'll definitely raise that with the solicitor when I talk with her. I'd be more than happy to offer set times in the pattern we had before but it's the safety aspect that concerns me-if anything we're to happen to the kids while he was looking after them and it then came out that I'd knowingly let him look after them even though he'd said he wasn't suitable...that's the bit I need to sort out.

What's an SI order?

OP posts:
Ffsffsffsffsffs · 08/03/2021 06:27

Specific Issues order.

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