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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 someone advise me please..at wits end

9 replies

theremustbeaway · 14/01/2015 10:08

Hi,
I'll try and stick to the points.
I left an emotionally, controlling long-term relationship early last year. I fled with my three children one day, when an argument, instigated by him got out of hand- for the first time, I thought he was going to hit me.

I went to my parents house and have remained there since.
I never reported incident as was too scared at time
He never was bad to children, and he insisted he had children half the time. I couldn't contest (another element of the control and me being conditioned I guess)

After a few months of separation, I went to the police as he'd been harassing me by text. He was given a caution.

Gradually my eldest child is getting the brunt of his moods. Resulting in my children saying they didn't want to go back to their dads. He was verbally abusive to eldest.

I contacted SS and asked if there was anything immediate they could do to stop my children going back to him until we could resolve things. They said as he also has PR, they can't stop this unless he came to physical harm.

I spoke to ex about this, and he went mad saying kids too sensitive and I turning them against him and basically played it down. He said he will be having access as normal. School said they can not refuse him if he comes to collect from school.

Also, another issue. We are joint tenants on our property that I fled. The council will not rehouse me, because I can not prove DV took place. The only solution is he signs a relationship breakdown form and they will give him a one bedroom flat and I can keep ours. He refuses and they can't enforce this. They will not allow me to take the one bedroom even though I begged and said I have no other options and would rather that than be stuck in one room with my three children (one if which is secondary school age). They do not take into account we have shared access as its not a formal agreement.

I cannot afford to rent private, even if they gave me the maximum housing benefits, and refuse to move out of the borough as my work is established here, my children's school, and my family, whom I need more than ever after my ordeal.

I have been in touch with women's aid, solace, my local mp, my gp, ss, independent law centres to see if I qualify for legal aid - I don't. List is endless.

How do I protect my children or give them a good quality homelife? Now my kids say they do want to see their dad. But, they are too young to realise what he is doing. It took me many years as an adult to realise.

Please help!
Thank you

OP posts:
theremustbeaway · 14/01/2015 10:10

Just to say, he was cautioned for malicious communications, only.

OP posts:
CheersMedea · 14/01/2015 10:20

I contacted SS and asked if there was anything immediate they could do to stop my children going back to him until we could resolve things. They said as he also has PR, they can't stop this unless he came to physical harm.

How old are your children? There comes a point when if they are old enough they can decide they just don't want to see him themselves.

For free legal advice try:

www.lawworks.org.uk/

www.barprobono.org.uk/

theremustbeaway · 14/01/2015 10:30

Thank you. 5, 9 and 11

OP posts:
Quitelikely · 14/01/2015 10:36

Gosh he sounds like a nasty piece if work. He is trying to make your life as difficult as possible.

I suppose you really do need your name removed from the tenancy. Can't it just be removed and then you apply for a house? Surely it doesn't matter if he agrees to your name being taken off after all your not together and he isn't cooperating.

I wouldn't send my children to him either; I would seek legal advice re the school saying he can collect too.

GoatsDoRoam · 14/01/2015 10:41

Keep pestering the Council. Find a human being there who will understand that no forms are being signed because you're dealing with a tosser.

Administrative jobsworths suck. But there are human beings among them. They can end your joint tenancy if they want, without the damn signature. Explain to them again and again that the signature is not happening, so how else can they resolve this for you?

You really shouldn't have to go through this, in an ideal world, but we don't live in an ideal world. So just stick to making your needs known, and being persistent.

theremustbeaway · 14/01/2015 11:10

Thank you everyone. Unfortunately if I remove my name from the tenancy, I will have effectively made myself homeless. They class that as the family home and my children would have to then remain there full time and they are not obliged to rehouse me.

Can pick kids up, but noting stopping him getting there early each time to get them also. Police cannot remove kids from either of our care at anytime. Therefore would just become a war zone at school each time.

OP posts:
theremustbeaway · 14/01/2015 11:11

Been pestering council for months on end. Nothing they can do. They have to follow procedure. Without a case of dv, they ate powerless - allegedly

OP posts:
GoatsDoRoam · 14/01/2015 11:15

Allegedly, yes. Procedures can always be circumvented.

This IS a case of DV, unfortunately you don't have proof, what are THEY going to do now to help you?

Make it their problem to solve. They're trying to shove it off on you, to like it or lump it: shove it back at them.

theremustbeaway · 15/01/2015 21:42

An occupation order was suggested to me. Anyone have any experience with this?

OP posts:
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