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Abusive ex dictating access after court order

11 replies

Geellcee · 05/08/2021 00:31

Hi there,

I really need some help! I separated from abusive ex 5 years ago. I was always flexible and agreeable on contact issues so as not to rock the boat with him, and it was on his terms.

He took me to court in 2019 to "shore things up" when I had met someone. This was a very upsetting time.i had never denied him any time with our son, and was desperate to avoid court. Prior to this I had to involve the police on two occasions and also had advice from Womens Aid and local child services. He usually does what he can to upset Christmas and birthdays.

In September last year, my child suddenly refused to sleep over at his father's house. Until this point, this had been every other weekend and one night a week since child arrangements order agreed up until this point.

Over the following weeks, I met and discussed this with ex and with our child, and child just kept repeating that he didn't want to stay over. Ex just kept getting angry and kept insisting that I force our child to stay overnight with him. It was an awful time for our child, who would get so distressed that he would throw up. He'd go happily during the day but just absolutely refused to stay overnight. I did do what I could to try and persuade him to stay and even tried to encourage him to go in the car but nothing I said would change his mind. Child said that his dad had shouted at him in the car when he didn't want to stay over.

His dad would get angrier and angrier at me, and a couple of times he was abusive and swearing at me over the phone in front of our child whilst he was there in the evenings, and my son would be hysterical in the background. He would then have to bring him home. This situation has gone on for months. He would leave things be and then it would blow up again and he would fly off the handle when I would try and explain that our child wouldn't express what the issue was with overnight staying, and that I couldn't physically force him to stay. Every time the subject comes up, ex gets aggressive and I tell him I can't discuss anything with him when he is aggressive. He always says 'that's just how I am' as a defence for his aggression. He always wants time with our child outside of the court order. He was supposed to let me know by the end of June which week he would like our son for during the summer holidays: he did not do this. He does not call our child on the court appointed times during the weekends that our child is at home with me. I could drone on and on about various things that have happened but to get to my point... I had a message from him this evening to say that on our child's next weekend with him, he's going away overnight, so he has 'planned to drop him home on the Saturday at 4 or 5pm', and then will pick him up again 'around 2pm' on the Sunday.

I know there are people with bigger problems and things to have to contend with and my issue might seem like small fry. I just don't see how he can dictate like this and think I should just accept it. No regard for any plans I may have or if it will actually be okay, just telling me that's what's happening. It just feels so unjust after everything he has done.

Has anyone been in a similar situation?! Can anyone offer any advice? I would be very grateful. Thank you for reading.

OP posts:
Geellcee · 05/08/2021 00:35

Sorry... I must add that during our last phonecall on this subject a few weeks ago, I did say to him that the pressure of him saying our child had to stay overnight was getting too much as our child is still only 7, and that it was very distressing for him. I did get some verbal abuse for that and he hung up on me... I have been trying to manage it all very sensitively for our child and try and explain to my ex that it requires a gentler approach.

OP posts:
Babyiskickingmyribs · 05/08/2021 14:38

Maybe he’s not going away overnight but doesn’t want to admit that it’s not working having your child overnight - maybe he’s screaming and crying at bedtime or waling up with nightmares or something. So instead of saying to your child, yes, it’s ok, we can do day trips if you don’t want to stay over, ex is inventing a last minute overnight trip for himself?

Geellcee · 05/08/2021 18:02

Hello Babyiskickingmyribs,

Thank you so much for your reply, I really appreciate it. Yes, it could be possible, I hadn't thought of that. I think it could be him going away, (and that is fine with enough notice and a decent conversation about it), especially as child isn't staying overnight and he wanted to collect him at 2pm on the Sunday afternoon rather than usual 10am pickup.

I have emailed him this afternoon to say that I have actually got my own plans that day, and that his dictated plans don't tie in with that...my suggestion is that our son stays with me for the whole weekend so that he can join in with his elder brother.

Thank you again for taking the time to get in touch and a viewpoint that I hadn't considered!

I

OP posts:
AllTheSingleLadiess · 05/08/2021 18:53

If your son doesn't want to stay with his dad overnight then dad picking him up on Saturday and Sunday for his weekends is surely the solution that is best for everyone ?

2pm is a shit time as it restricts what you can do during the day with the other child though.

YoBeaches · 05/08/2021 19:11

I'd say to bare in mind at 7 a court will very much be interested in the views of the child. So whilst you're not going back to court (yet anyway) you need an arrangement why supports his needs more than anyone else's.

If ex can't meet those needs or isn't willing to meet those needs then so be it.

If you can't agree with ex, then go back to court.

He is still abusing you and seems there is a risk he is abusing no the child too hence child his withdrawing from the relationship. And rightly so....

BlackeyedSusan · 06/08/2021 10:53

Keep a record of all contact, what your kid has said, changes in arrangements etc.

Talk to your child about which adults are safe to talk to. (teacher etc) but in general terms absolutely not specifically about dad.

Geellcee · 10/08/2021 20:42

To AllTheSingleLadiess, YoBeaches and BlackeyedSusan,

I want to say thank you so much to you all for taking the time to post and offer some amazing advice which has made me feel really supported over the last few days. Isn't it amazing how people you've never met take the time to offer support through times like these.

I have taken everything that you've suggested on board: I have extensive notes from the last 5/6 years relating to things he's said and done, things that my son has told me, and arrangements being changed etc.

When my son was struggling at school with all of this, he did build up a great rapport and trusting relationship with his teaching assistant, and I always told him that he could chat to her about anything, even if he didn't feel he could broach things with me.

I emailed him last week to tell him that the plans he was dictating didn't suit what I had planned with. my eldest son, and I received the obligatory nasty email response from him. I am now drafting out an email with simple bullet points addressing the more coherent points in his email, and I figure the bullet point approach will be more concise than lengthy tit-for-tat paragraphs.

I have been thinking for a while that the child arrangements order should perhaps be changed to more accurately reflect the current situation to avoid any further issues so your advice gives confidence in this.

Thank you all again, I really do appreciate your time and help.

OP posts:
Geellcee · 14/09/2021 20:48

Hi,

Just an update following my initial post! There isn't an awful lot about the specifics of this online so am hoping that this may help someone!

I had a letter from ex's solicitor to say that if I continued to 'breach' the order due to child refusing to stay overnight, then the court would be involved. Sent reply stating facts surrounding situation.

Ex's solicitor has now written again to say that they've advised ex to pursue enforcement proceedings through the court, unless we can agree something in meantime.

I spoke to very reassuring lady at the court who said to let process go ahead, nothing bad will happen because I am complying with order due to child always being made available for contact with father and it is he who returns child home to me. Cafcass will be involved to try and find out why child refuses to sleep over. She said that a new order will probably be made which will better suit child.

It's more control even after so long apart.

Thanks for reading...if anyone in similar circumstances, stay strong.

OP posts:
pickingdaisies · 14/09/2021 21:44

Just read your whole thread OP, crikey he's been putting you through it! I just wanted to say how much I admire the way you have been dealing with this awful situation, and wish you strength and good luck, and more peaceful times ahead for you and DS.

Geellcee · 16/09/2021 07:21

@pickingdaisies
Thank you so much for your lovely words! I am not as calm inside as it may appear when reading my post, but when panic hits, I just try and keep reminding myself that this is small fry compared to what he has done in the past, and that I got through that.

OP posts:
pickingdaisies · 16/09/2021 13:19
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