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Not sure where to post - please advise me if you can at my wits end

20 replies

clpsmum · 19/03/2022 13:54

Sorry in advance if this is long I will keep it as short and to the point as I can.

My stbxh and I split 5 years ago. He left the FMH, I stayed and continue to pay the mortgage alone. He pays less than the legal minimum requirement in maintenance.

I stopped access to the children two years ago as he is just toxic and they requested this. I won’t go into lots of details as it is very long and boring. Womens aid were involved and I stopped contact on their advice and that of my solicitor. Prior to this I had done everything in power to ensure they maintained a relationship with him. Including staying in a country where I have no family, friends or support.

He ignored all my solicitors letters attempting to put an access agreement in place. He waited over a year then took me to court for access. He told lies about both me and my children to the reporter assigned to speak to us. The process was traumatic for the children and for myself if I’m honest. A court order was put in place for him to have indirect contact in the form of letters every two weeks. He has never once written to them. This was five months ago so don’t imagine they will get a letter now.

I cannot divorce him until an access agreement is in place. He is now ignoring his own solicitor. My solicitor has given me the choice of us contacting his solicitor and asking his permission to close the access case or to begin his indirect contact or to go to court for a full evidential hearing. I don’t want to put my children through the trauma of court. I also don’t want to ask him what he’s planning to do and yet again let him control our lives and decide when he is ready what he wants to do.

I cannot for the life of me understand why he seems to be the one holding the strings? He is continuing his abuse and control by keeping us in emotional turmoil.

He is taking home (after tax) in excess of £4k per month, I am on benefits. I cannot keep up with the repayments on the mortgage. He is keeping us in poverty while he lives the high life and it seems like there is nothing I can do about it.

I need my children to feel safe, I need to be divorced and I need to sell the house and cut my ties with him. It has been five years and I am done, I don’t know how much longer I can cope. Please can anybody at all offer me any advice I feel like I am losing my mind. I am in Scotland if that makes a difference.

OP posts:
Blahtastic · 20/03/2022 10:44

Sorry I may not be much help here as I don't know how things differ in Scotland, and I am not sure why you can't divorce him until access is in place for the children. Is the house in joint names (I.e. both on mortgage) and do you know how much equity is in the house. I can only advise on what I know from English law, but if the mortgage is in joint names he is still liable to contribute. If you cannot keep paying it may be worth talking to the lender to explain the situation and ask them to contact him regarding payment. Again, I don't know what the situation is for child maintenance but ensure you go through the formal channels to make sure you can get all you are entitled to from him. Are you able to start divorce proceedings to kick start the process of dealing with the house and split of assets? The longer you leave it the longer he has to hide assets (speaking from experience). The divorce doesn't have to include child arrangements. I would also say to make sure any contact you have with him is via email so there is a record. I'm sorry it does seem like he is still controlling the situation but once you take steps to formally divorce and move forward you will start to feel free again, as far as you can when children are involved.

clpsmum · 20/03/2022 14:30

I don't know either it sounds bizarre to me. I'm English but been in Scotland twenty years. My solicitor said we cannot sort the divorce until the financials are sorted and the financials can't be sorted until the child access is sorted. I'm honestly losing my mind it should be over and done with by now but right now I feel like there is no end in sight.

I don't communicate with him at all. He is ignoring all solicitors letters and refusing to acknowledge them or provide financial information etc.

There is a little bit of equity in the house that we need need to decide how it is split so we can sell. If I stopped paying the mortgage he wouldn't pay either and the house would be repossessed. I actually don't know how he has managed to stay in his rental property because he hardly ever pays the rent and is in massive arrears

OP posts:
clpsmum · 20/03/2022 14:30

He wants everyone to think I am a monster and he's been so hard done to but that is far far from the truth

OP posts:
clpsmum · 20/03/2022 14:31

And thank you for replying it means a lot to me

OP posts:
unicornsarereal72 · 21/03/2022 06:42

I've no idea. But can you start the process of selling the house? And assume it's going to be 50/50. I know it's not the same at all but I got in the habit of putting my request in as if it wasn't optional with the line if I don't hear from you I assume you agree. You can't just stay in this limbo.

GeneLovesJezebel · 21/03/2022 06:45

If you post this on Craicnet you might get more replies.

clpsmum · 21/03/2022 07:18

@GeneLovesJezebel

If you post this on Craicnet you might get more replies.
Wtf is that supposed to mean
OP posts:
clpsmum · 21/03/2022 07:20

@unicornsarereal72

I've no idea. But can you start the process of selling the house? And assume it's going to be 50/50. I know it's not the same at all but I got in the habit of putting my request in as if it wasn't optional with the line if I don't hear from you I assume you agree. You can't just stay in this limbo.
My solicitor is refusing to do anything until the access is sorted. I'm going to try and speak to another solicitor this week and see if they offer any different advice
OP posts:
GeneLovesJezebel · 21/03/2022 07:20

You’re living in Scotland so if you post it on the Scottish board you might get more help

clpsmum · 21/03/2022 08:11

@GeneLovesJezebel

You’re living in Scotland so if you post it on the Scottish board you might get more help
Sorry took your previous post the wrong way, sorry
OP posts:
GeneLovesJezebel · 21/03/2022 08:16

I accept your apology.
Hope you get it sorted soon.

FelicityPike · 21/03/2022 08:20

@GeneLovesJezebel

If you post this on Craicnet you might get more replies.
Why? Craicnet is Irish.
ATeddybearshortofaPicnic · 21/03/2022 08:26

OP, he will start losing control of this situation soon. He is ignoring his solicitor as well as your solicitor’s letters. He has wasted the court’s time by fighting for contact that he is choosing not to use. He’s failing to fulfill his financial obligations to his children by underpaying child maintenance. This is all documented and all bad for him. Write yourself a list of technical legal questions for your next solicitor’s appointment - like what happens if he continues to ignore his solicitor and in what kind of timeframe? What options di you have and what kind of timeframe/cost are you looking at for each. Consider getting advice from your mortgage provider about what will happen and on what time frame if you can no longer afford the repayments - tell them about the divorce and your ex dragging things out and no longer contributing. It might help the meeting with the bank if you know the legal timeframe for sorting out the child contact arrangement and the timeframe for forcing a sale.

TheBigDilemma · 21/03/2022 08:37

I think your solicitor is milking the situation very nicely to their benefit.

Find another one, now, it is not their call to keep you on hold and paying them money refusing to do what you are asking them, especially when there is such disparity of income and the likelihood of getting your ex to agree voluntarily to anything is nil. The only one profiting from this situation is the solicitor.

LargeProsecco · 21/03/2022 10:30

OP, you'll be entitled to legal aid if on benefits?

Have you looked at the SLAB (Scottish Legal Aid Board) website?

LargeProsecco · 21/03/2022 10:31

And where are you in Scotland? There are some good FB pages for single parents in the same situation- I have going them very supportive.

BessieFinknottle · 21/03/2022 19:13

@GeneLovesJezebel

If you post this on Craicnet you might get more replies.
Craicnet is Irish, Scotsnet is the Scottish board here.
Wildnfree50 · 21/03/2022 21:50

Hi there . I live in Scotland, we have some similarities and you are right in that the judge will not agree to divorce if you've children unless there's a contact agreement. I've put off divorcing because of this. I separated 2018, after his abusive behaviour I decided against the money/assets sharing when I do divorce.. to save sanity.. although he could contest the divorce and want to fight over assets...do you have to sell the house to downsize and save money..? I do feel for you and totally empathize. Xxx

Wildnfree50 · 21/03/2022 21:52

Large prosecco I'd love if you could share the names of the supportive FB groupps please..? ! Xx

clpsmum · 22/03/2022 18:44

I have a solicitors appointment at the end of the week so I'll be asking lots of questions. I can't keep on like this he is keeping us in poverty. Unfortunately I need the equity from the house it would be so much easier if I didn't

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