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Parenting

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Can he take me to court for this?

345 replies

CZP22 · 11/10/2022 14:42

I co parent with my daughters dad and everything has been fine. No rows, drama etc and we co parent well.
I have decided to move back to my home town and spoke to him regarding either sharing travel or meeting half way at weekends to maintain them having contact. He's had her overnight every weekend since birth.
This was his response
"When jake was little his mum took him away and I've missed out on so much, taking him to school etc. And for 8 years she has refused to do any of the travelling even though it's the moving parent that has to maintain contact, because she knows I weren't able to afford to take her to court. So I had no choice if I wanted to see him, I have to do 4hr round trip on a Fri and a Sunday costing me over £120 just to see him.
So if you think I'm gonna do the same with Zoe, after me telling you I'm i was in no position to have another child and couldn't afford another child when you got pregnant and you basically told me I had no choice, then you're mistaken. If you want to take her away then it's you who has to maintain contact. And a court will agree with me and luckily I'll be able to afford it this time."

Can he take me to court for this? How do I approach this amicably?
It's annoying he uses the premise that I got pregnant on purpose but I understand he feels upset

OP posts:
Timetosayno · 11/10/2022 17:45

girlmom21 · 11/10/2022 15:37

I'll be moving closer to my partner

This is shocking. Your boyfriend isn't more important than your daughters dad.

I agree

CZP22 · 11/10/2022 17:45

Notofamilyholidays · 11/10/2022 17:43

@averageavocado A lot of people on mumsnet have experience of what the op is asking though.

Of course, you're right. Not disputing that. My point, which I think I made quite clear, is that she has left herself open to a lot of abuse and ridicule by the not so nice people on here. And even with the posts where people are sharing genuine advice and personal stories, none of them are consistent and so she's still not getting a real measure of what will or may happen in her own situation. She could have had an easier time going to get some initial free advice from an actual legal professional. My opinion only of course

My only question was wether or not he could take me to court x

That's been answered but there's also been a lot of opinions thrown at me lol which I was open to tbh, just did not expect the amount of hatred and assumptions.

OP posts:
ArmWrestlingWithChasNDave · 11/10/2022 17:47

CZP22 · 11/10/2022 16:35

Honestly...it's made me feel like an utter scumbag.

I love my children to pieces but yes, god forbid I wanted some happiness eh.

Then don't move them in with some bloke. Your son has been through enough, he needs stability and your attention.

Interested in this thread?

Then you might like threads about these subjects:

CZP22 · 11/10/2022 17:49

@ArmWrestlingWithChasNDave please read my posts properly. My partner is not just "some bloke" that I've met and that I'm moving my kids in with.
He's been my best friend for 14 years, has supported me endlessly and we have ended up falling in love. The kids have known him since birth, he's in fact god father to my daughter.

OP posts:
AlmostSummer21 · 11/10/2022 17:51

@CZP22

You say he's a great Dad, but he's not thinking of her right now. You're her Mum & her main caregiver, you're unhappy, that's not in her best interest.

If he wasn't in a position to have another child, he should have used contraception not just relied on you doing so.

He just expected you to have an abortion.

He's had her one night a week since birth (really?) you've had her 6 nights a week.

He works all hours, drives around the country, he could come & see her (sounds like your partner would be ok with that).

No, it's not ideal, but it was never going to be when you had a baby with a ONS (no judgement, just a fact). He wanted you to terminate, (understandably) you didn't want to, he had the option to walk away. DD is pre school, she doesn't have established friendships/school etc You never had a relationship with him, you don't deserve to be controlled, by him, for 18 years. When you want to move back to your friends & family & have some support.

I'd move in with DP, tell her Dad it's better for DD for you to be happy & have the support of friends & family, for him to come & visit & he can FaceTime etc.

He wanted to terminate her, you're only moving 1-2 hours away.

Notofamilyholidays · 11/10/2022 17:52

@CZP22 My only question was wether or not he could take me to court x

That's been answered but there's also been a lot of opinions thrown at me lol which I was open to tbh, just did not expect the amount of hatred and assumptions.

Exactly, so my genuine advice would be to turn off notifications or delete the thread, stop letting everyone else get into your head. You've got the answer you wanted, you know it's a possibility as it's happened to other posters, with varying results, which does not in any way predict what will happen in your own situation.

Way forward is put down MN, come up with best possible solution, serious adult conversation with ex, then possible mediation then possibly court.

Lbnc2021 · 11/10/2022 17:56

Why won’t you answer how old the child is?

CZP22 · 11/10/2022 17:56

Lbnc2021 · 11/10/2022 17:56

Why won’t you answer how old the child is?

She's 8 months old, why is that relevant?

OP posts:
KeepOutingMyselfAnotherNameChange · 11/10/2022 17:57

Yes yabu. If you are moving away you pay to bring her back.

Talia99 · 11/10/2022 17:58

CZP22 · 11/10/2022 17:56

She's 8 months old, why is that relevant?

That may be very relevant as the court may take a view as to how much time a child that age should be spending in a car. Again, a local solicitor who knows the attitude of your local court will be able to advise you.

happy66 · 11/10/2022 17:58

I think he can take you to court for this.

Is about what is best for the child. My understanding is, first you must try mediation. Maybe try and get some free legal advice as a first point of call

KeepOutingMyselfAnotherNameChange · 11/10/2022 18:00

Just ridiculous why would he meet you halfway op really?! If he moved away you wouldn't be expected to meet him halfway eould you. Yabvu here.

RedAmber · 11/10/2022 18:01

I'll be moving closer to my partner

And there we have it! New partner trumps everything.

CZP22 · 11/10/2022 18:03

KeepOutingMyselfAnotherNameChange · 11/10/2022 18:00

Just ridiculous why would he meet you halfway op really?! If he moved away you wouldn't be expected to meet him halfway eould you. Yabvu here.

I'm really trying to be patient here but it seems no one's reading what I've said.
I've said I'm more than happy to share or meet halfway meaning he will have to drive 40 minutes, he drives hours and hours everyday 40 minutes isn't going to kill him. I'm not moving to the other end of the country.

OP posts:
Autumndays123 · 11/10/2022 18:03

CZP22 · 11/10/2022 15:47

I do work yes but that's not relevant.
I'm asking if he could take me to court and / or if anyones done this and what advice they could give to maintain a good relationship.

The answer is yes. He can take you to court and would almost certainly win.

You will either be required to not move
Required to make and pay for all travel
Give up custody

If you think a court will be like yes that's fine you do as you please you're barking

Lbnc2021 · 11/10/2022 18:04

CZP22 · 11/10/2022 17:56

She's 8 months old, why is that relevant?

It’s very relevant. What are you going to do when that relationship breaks down because you don’t exactly have a great track record, is she just going to be shunted into the next new daddy’s house because it suits you better?

KeepOutingMyselfAnotherNameChange · 11/10/2022 18:05

CZP22 · 11/10/2022 18:03

I'm really trying to be patient here but it seems no one's reading what I've said.
I've said I'm more than happy to share or meet halfway meaning he will have to drive 40 minutes, he drives hours and hours everyday 40 minutes isn't going to kill him. I'm not moving to the other end of the country.

Fab you won't mind bringing her back then.

Sirzy · 11/10/2022 18:05

CZP22 · 11/10/2022 17:56

She's 8 months old, why is that relevant?

It’s very relevant because what works now will become even harder when she starts school if you move away.

if you move it will harm her relationship with her father and it will set her up for a childhood spending most weekends travelling. Is that really in her best interest?

CZP22 · 11/10/2022 18:10

@Lbnc2021 please explain what you mean when you say I don't have a good track record?

Should I have stayed with my abusive ex ten years ago?

And should I have vowed never to touch another man for my entire life because I'd had a child with someone 10 years ago?

What part of my track record isn't great??

OP posts:
CZP22 · 11/10/2022 18:11

THankyou everyone for your replies those that have answered my question and those that haven't assumed Anythjng about me. I will be moving, and if it goes to court I'm more the. Happy to do so.

OP posts:
Banana2079 · 11/10/2022 18:12

by the time he picks her up on a Friday it’s bedtime .. so he doesn’t really get to see her at all as she’s asleep
your also cutting his contact time with her on Sunday as he has to bring her back so only time he really gets with her is Saturday and Sunday morning / early afternoon

can you really face 2 hr travel each and every week to meet half way ? Your DD will also have to travel 3 hours every week she will start to dread it
it’s tiring

RedHelenB · 11/10/2022 18:14

OneForTheRoadThen · 11/10/2022 15:55

Okay in that case courts look more favourably on the resident parent moving to be near a support network - at least that's the legal advice I got.

She's lived where her baby's dad lived for 10+ years. Let's not beat around the Bush, she wants to move in with her partner. Her baby's dad is going to be involved if she stays put.

Banana2079 · 11/10/2022 18:14

How’s about you take her , give her dinner then he bring her back
it’s difficult situation but ur entitled to a fresh start
he could have her when he books leave too
at least you are amicable x

Banana2079 · 11/10/2022 18:15

To answer your question yes he can take you to court but I doubt he will it’s not like you’ve moved five hours away as I said previously one of you drop her one of you bring her back and bobs your uncle

AssumingDirectControl · 11/10/2022 18:17

At 8 months old your daughter is still developing her attachments and relationships. Moving her away from dad might well impact on their relationship unless you can evidence to the court why it’s in her best interests - not yours, hers, although clearly she needs a healthy and capable mother, but you do risk the court saying you cannot move at this time for the sake of a new relationship because of the impact on your very young child.

I agree your best bet is local legal advice to get an idea of how your courts are likely to approach any application, but your first step is mediation as it’s possible with help you could come to an agreement. If her dad does apply to court, though, you’ll need to be able to explain clearly why a move is in your daughter’s best interests before they’d give permission to relocate.

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