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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Can't agree on son's overnight contact with my ex-husband

3 replies

JM70 · 17/04/2011 21:00

Can anyone offer their thoughts on this?

I left my husband last summer after two years of trying unsuccessfully to save our marriage. He was very angry and verbally abusive towards me and made lots of unfounded accusations - one was that I wanted to take our son away from him (he is now six years old). I rather naively hoped that we would quickly come to arrangements about our son - and that our son would go to stay with him regularly each week.

Sadly, it quickly turned out that contact was not going to be straight forward. My ex-husband was very angry and was unable to conceal his emotions in front of our son - suggesting that the stress from our separation would kill him, and telling him that he wanted to get back together with me, with the result that our son blamed me for the break up.

After some weeks we agreed on contact visits and soon our son went for an overnight stay. The first time it went fine, but the second time, he freaked out, and my husband brought him back. They have had a history of problems together - and there was often a scene at bed time if my husband put him to bed. After that second visit our son steadfastly refused to sleep over with my husband. Obviously this caused him a lot of pain - and sadly this spilled over into relations with his son. One day he brought him back, and left him crying on the doorstep, rang the door bell and walked off down the street. My son told me that his dad had said that he did not know who his father was, and when he said that he did know who his dad was and that he loved him, his dad denied this, and said that it was not true that our son loved him - to his face. Three times. I sent him as neutral an email as possible afterwards - just stating what our son had told me and saying that it was not fair to do this to a child trying to come to terms with their parents' separation. My husband phoned and said I was 'abusing' him, and since then has accused me of trying to poison our son against him, and said that I was stopping them from seeing each other. One of the reasons he gave for saying these things to our son, was that he did not wish to the stay the night.

After then, I decided that communications were best carried out via my solicitor, because discussions about contact inevitably turned into an opportunity for my ex-husband to harangue me, call me names, and make vague threats. A letter was sent offering weekly visits, and suggesting that we slowly build up to an overnight stay in time. My ex-husband refused to communicate with the solicitor, and said that I was stopping him from seeing his son, by insisting that we use the solicitor as a third party, when he did not wish to. And so, given that he would not answer the letter offering contact, my son has not seen his dad since mid-January.

Just recently his dad phoned and my son answered the phone. It was clear that my son really wanted to see his dad, and his dad agreed to the regular Sunday afternoon visit. All seemed fine. But then he said he wanted our son to stay over night. My son said he didn't want to - he said he was scared and was used to being with me. My ex-husband hit the roof when I said that we should just take things one step at a time, and said that the only circumstances in which he would consider our son not going for a sleep over, was if I stopped him from going for (once a month) sleep overs with my parents - which he enjoys. I refused - on the basis that this was a separate issue and irrelevant. So, that visit didn't happen. Then my son phoned his dad and when his dad said he could only visit him, if he slept over then he agreed to. But nearer the time, he told me that he did not want to, and was scared. I phoned my husband, to try and talk him round, but he wasn't having it - and reverted to the same language - that if our son would not stay the night with him - then he did not recognise him as a father. He hung up the phone on me, and when I tried to talk him round on email, he said it hurt too much, and asked me to leave him alone.

My son still really wants to see his dad, but doesn't want to stay over. My lawyer said I should talk him into it, but I am unwilling to. I think it is likely to lead to a repetition of the previous scene - our son is likely to back out at bedtime and want to come back to me - and then I don't think my ex-husband will be able to cope, and will take out his anger on our son again. So - once more - stalemate, and our son doesn't see his dad. In all these negotiations my ex has taken every opportunity to harangue me, and make accusations, and sometimes I wonder if he is more interested in doing this, than he is seeing our son. I really don't know what to do - if anything can be done. He has refused mediation, he won't get a solicitor of his own, and any negotiations I have with him go round in circles as he insists on a condition that does not seem reasonable to implement at this stage.

Has anyone out there had similar experiences? Does anyone have any idea on how to resolve this?

Thank you in advance.

OP posts:
Hatesponge · 17/04/2011 21:35

Can i say first what a total arse your Exh sounds! :(

I'm not sure there's much more you can do than you havent already tried tbh.

I agree that you shouldn't try and persuade your son to stay overnight, your Exh sounds v unpredictable and I wouldn't want a 6 year old to be having to deal with that.

Daytime contact building up to overnight would make sense, but your Exh would have to be on board for that and it doesnt sound as though he is. I've no direct experience with courts on this issue but I would be surprised if a court ordered overnight contact in view of the history. And of course if they only ordered daytimes, there's no way to force your Exh to comply - if he decides because he'd rather have an overnight not to see your son at all, then the court has no power to compel him.

I do have experience of dealing with a totally unreasonable ex - mine, slightly different to yours, has had several solicitors but gets rid of each one when they dont tell him what he wants to hear! - and from dealing with my Ex, the only thing Ive found that works is to just stick to my guns, know what I want, and not to dance around him. In your position I think I would maintain the offer of daytime contact, and hope he comes round. It is v hard on your son, but I think it would be harder on him to force an overnight just now when he's not really comfortable with it.

Hopefully at some point your Exh will realise what he's missing out on by being so obstinate, but it may take a while.

Sorry that you and your ds are going through this.

Scruffyhound · 18/04/2011 14:58

Well Im lucky I guess. Although it did take a while to get to where we are today. I left my husband and lived at my mums I took DS with me. My ex tried to tell DS (who was 2 at the time) mummy did not care and did not love him or my DS when he was there. I was very angry as I spent 2 years trying to sort out our marriage and make it work he refused to go to counciling and pay any attention to me or DS just wanted to play on his computer all the time I was like a single mum. I warned him on several occasions he did not listen even left my wedding/engagment ring on his PC he never batted an eye lid. When I left it seemed a shock to him and he went depressed and said he was going to kill his self. My reaction to this was not a good one I was very angry when he said this I said he was selfish and needed to get a grip. I had no support off him the many nights a cried and wanted things back to normal. I told him if he did that its his decission and was a stupid one as his DS would never remember daddy. He didnt they all seem to threaten this and they all seem in shock when you go even though you tell them over and over again.

It took a while to sort out when ex husband should see his son. I did not want to leave him with Ex husband because when I lived there the husband would leave DS crying (if I was in the shower or trying to do something) because his game was important. WTF!!! I did not want DS with him at all. In the end I agreed to once a week in the day. Then overnight. He had to sort out DS as no one else was there. Im sorry to hear that your son does not want to stay over at his dads. But thats really not your fault. That is down to his dad making it a nice environment for you son to stay hows that your fault? Your giving him a chance. Why does DS not want to stay over have you asked him why? Have you thought about a mediator? My ex husband tried to put a spanner in the works on several occasions and when he found out I was seeing someone else I was a slag and he did not want DS near the bloke. So we had to review it again. A mediator was almost needed but did not in the end. Its now 3yrs on I have DS full time with me we have moved away about 1 1/2 hours ex husband sees his DS every ohter weekend. Im with a new partner and so is ex husband we are both expecting babys with our new partners. Things do move on and its not good at first but it will get sorted out. The main thing is asking you DS what he wants to do and what he is comfortable with. The ex needs to listen to his DS.

JeffTracy · 18/04/2011 15:33

This should be about what is best for your son. From what you have said, OP, you seem to be doing this despite your XH's idiotic behaviour. He does not know how lucky he is, you could so easily not bother to keep trying with such a difficult man. Well done for doing the right thing for your son - both protecting him and helping him maintain contact with his father - in such difficult circumstances.

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