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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

Narc XH and court

97 replies

MotherOfDragon · 02/09/2013 22:55

We have been fighting over custody of the children for well over a year. Cafcass are involved and contact is restricted to a supervised centre. We are due to go back to court and I need to write a full statement. Cafcass and I had a meeting and agree it is important to write all assault, mental sexual and physical (99% was mental) in the statement.

I just can't bring myself to do it. Very time I go to write it I feel Ill it's pathetic. I can't explain myself. Not elegibke for legal aid and can't afford a solicitor so having to write it myself. I don't know why I'm wiring this.

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meiisme · 04/09/2013 23:31

MotherofDragon, I know exactly what you mean. I'm due in court tomorrow for a preliminary hearing, and a fact-finding hearing later in the month, and I'm terrified as well. Sick to my stomach, and I even do have legal aid.

What people have been saying to me is: don't think about him or what the people in court might think, just say what you know is true. The judge/Cafcass will have seen all his tricks before, there is nothing terrifying about him to them, so don't feel like you have to fight his twisted version. Just talk about your experience and then let them do their work. Really, the truth shines out of your words and speaking that truth is your only responsibility to your girls. He is nothing anymore.

garlicbargain · 05/09/2013 00:06

Sounds like good advice, mei. All the best for tomorrow!

meiisme · 05/09/2013 00:25

Thanks, garlic. I've not said this before out of fear of sounding like a groupie, but it were your posts on old old stately homes threads that put me on the road to freedom. So ThanksThanksThanks for that, also on behalf of my children.

MotherofDragon, good luck to you too. You know you can do it, you got out after all.

garlicbargain · 05/09/2013 10:09

Gosh, thanks a million, mei! It means a lot :)
I hope today got all the outcomes you wanted.

MotherOfDragon · 05/09/2013 20:02

How did your hearing go today?

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meiisme · 05/09/2013 21:46

It went well, thank you :) It was only a preliminary hearing and I didn't have to talk, but ex was there and that's never pleasant. Ex sent a statement that denies everything, even things he admitted before to SS and the GP Hmm, so I think the case looks quite good. Or at least he and his statement look very unreliable.

My lawyer explained a bit more about what kind of proof the judge needs to make her/his decision (sorry MotherofDragon if someone has explained this to you already, but I thought it might be useful information).

Since it is not criminal court the judge does not need to believe your allegations are true 'beyond reasonable doubt', but simply be sure 51%. Hearsay is allowed, so if you have a witness who saw or heard him do something that you accuse him of, that counts as proof. And if you have proof of certain incidents, the judge can use that to make up her/his mind about who is right about the risk to the children, even if you don't have proof for the whole picture of the relationship and his personality. S/he will also take into account how convincing you are when you are talking during the fact-finding hearing.

So I think with your statements, screen shots, medical records and clear and emotional statement, your case looks good too, MotherofDragon.

I was very scared this morning, triggered, but had a session with my therapist and some nice chat with my lawyer about the children and holiday, and by the time I was in court I was quite calm. In court I just kept staring out the window so I didn't have to look at him.

As my therapist said: these things are scary because you don't know what will happen, but once you're in the situation they often feel quite normal. And that's how it was.

You said you will have someone with you. Will they be there the whole day? I think it's really good if they could keep you entertained and grounded while keeping an eye on the legal proceedings, so you can focus on yourself and your statement.

MotherOfDragon · 07/09/2013 17:04

I really glad it went well today. Thank you for the feedback too. I. Think I will take my parents with me....

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MotherOfDragon · 07/09/2013 20:56

UPDATE - XH is asking the court to take Cafcass and the children's solicitor off the case. If they do not comply he will ask for the matter to be referred to high court,

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meiisme · 07/09/2013 21:12

??!? I don't know anything about the UK legal system or the legalities of his plan, but it sounds insane. Your accusations are by far serious enough for the court to have to consider he could be a risk to the children and so Cafcass should be involved. Is it even possible to go to high court without a decision of a lower court first?

Maybe post in Legal for technical help with this?

MotherOfDragon · 07/09/2013 21:15

I phoned my solicitor friend and he said it will be overturned. XH is being advised by fathers for justice.

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meiisme · 07/09/2013 21:38

Good :). How are you holding up after finishing the statement?

MotherOfDragon · 07/09/2013 21:51

Okay thank you. I sent it off. Just DREADING his reaction when he gets it!

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meiisme · 07/09/2013 22:36

You won't be there to see it. His feelings don't matter anymore. Plus he knows that if he kicks off now, with all the paperwork in court, he's going to be in big trouble.

But I know what you mean, it takes a long time for the fear to go away...

MotherOfDragon · 07/09/2013 22:38

It's strange. Logically I know that. Mentally I keep seeking his approval, even now HmmHmmHmm

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meiisme · 07/09/2013 22:50

It's a matter of time and new experiences. Once your brain picks up on the fact that "doing something that displeases him" does not equal "kick off" anymore, his feelings and opinions will become less important. IMHE anyway.

Jux · 07/09/2013 23:54

Well done for writing it and sending it off. Good luck with everything. No advice, but holding your hand and thinking of you.

Darnley · 09/09/2013 05:33

His request for cafcass to be removed and then a threat for the case to be moved to a higher court is nothing but good for you.
Courts do not like being threatened and will take a very dim view of his behaviour.
He is providing evidence that backs your claims. Do nothing and let him get on with it.

MotherOfDragon · 09/09/2013 19:52

I have just found an old thread I wrote under my old username where he comes on and gets angry with people for talking about me. He was obviously watching what I was doing on the Internet. Do you think I can use this as evidence in my statement

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Jux · 09/09/2013 22:08

It may be stalking and intimidation? It's an open internet forum and anyone can come on, so it may not be a runner. I suppose it depends on the circumstances and what was said. Did he try to restrict your internet use or tell you not to post on MN afterwards?

meiisme · 09/09/2013 22:14

You can put in anything that felt intimidating to you. It's up to the judge to take it into consideration or not.

MotherOfDragon · 09/09/2013 22:17

Basically in 2010 I wrote a thread about him and how he was EA. he found my thread and put his side across (stating I was lucky he didn't have an affair) the other posters told him he was abusive etc. so he stalked my post....

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meiisme · 09/09/2013 22:33

Maybe these questions help to focus: How did him coming on your thread make you feel? Was the thread your (only) safe space and did it feel like he was invading that in order to stop you working out what he was doing? Maybe it made you want to stop posting, which means his stalking was isolating you? Or maybe you felt humiliated?

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