EXH and I had two DCs together.
Nearly years ago while I was still married to EX I was in a car accident with our DCs in the car. Sadly our DS passed away from his injuries. It was a horrific time for all of us. EXH and I did't have the best relationship anyway but our grief made it a thousand times worse. EXH was nice to me whenever someone else was in the room but when we were alone he would scream and insult me and made it clear that he blamed me for the accident and he hated me.
Then I woke up one morning and he had left me and DD without any real discussion. He replied to one message saying that he couldn't cope with DD and I anymore and that was it for 6 months.
Once he left I managed to carry on and gradually realised that I liked being apart from him. I moved out with DD and started to try and rebuild my life.
After 6 months EX contacted saying that he wanted a divorce. I agreed to that but he also refused to see DD as he said it reminded him too much of the child we had lost. At first I tried to give him space but as time went on and DD grew older I tried to push him to see her more. We would agree to contact and he would show up a couple of times and then he would stop coming and we would have to go through it all again.
In this time I remarried and had a DS with my new DH. EXH was vile especially after I had DS2 saying that I was trying to replace our son and that I hated our son and had deliberately caused the accident and that he hated me. He visited DD on her 7th birthday (after I pushed him to come) and he kicked off in the middle of her party after seeing me holding DS2 saying that I would get that I was replacing our son. In the end DH and a couple of friends had to chuck him out of the party.
Since then I haven't tried to get EXH to see DD. So he hasn't bothered getting in touch at all. DD is now 8 and she is doing really well sometimes she asks about EX and we try to answer as honestly as we can but she has never asked to see him.
About a month ago I got an email EX saying that he had gotten remarried during the summer and so this year he would like DD to have Christmas with him so she can meet his new wife and her family.
I replied saying that as he hadn't seen DD in so long he needed to build up contact with her slowly first. That I didn't think she would be comfortable going to Christmas with a load of strangers when she hadn't even seen him for nearly 3 years and he needed to make more of an effort to get to know her first. He didn't reply to this and I assumed that he had gone off the idea. I didn't mention it to DD as he didn't reply back saying that he wanted to see her.
Today I arrived home from work to a letter EX saying that he wants contact with DD starting from Christmas, that it wasn't fair that I was keeping DD from him and that he is going to take me to court. He said that he already has a solicitor and they think that he has a good case as I have had DD here for Christmas for years so it is obviously time that he had a turn with her. He also said that I should expect a letter from his solicitor in the next couple of days outlining what he has said and starting court proceedings.
I have no idea what to do now. DD won't want to go to him after all this time and I'm not comfortable letting her but I know what he is like and he will twist things and use them against me and make it seem like I am the bad guy and he is the poor grieving father who wants a second chance. I don't even know if we can afford a solicitor. I haven't told DH yet because I know he will be upset and I have no idea what to say to DD if he does push ahead with court.