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Relationships

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

Having to stop DD seeing her dad (long)

9 replies

lemonadefizz · 07/04/2019 15:20

DD is 10. Her dad and I split up when she was 6 months old. He was abusive to me and had a history of taking drugs. When she was a year old he met his current partner, settled down, held down a job for many years, and DD had contact two nights a week. He was still bullying and controlling towards me, but he was stable and reliable in DD's life and that side of things was largely kept from her. I am now married and have DD2 with my husband.

So that is a very brief history. For the last two years he has been out of work, child support has been sporadic, and we have had several incidents where I had to speak to him regarding things he was saying to DD....he was asking questions about me, what I do, what I say, where I go, and this was upsetting her. In hindsight I should have put this all together, but DD never once said she didn't want to go, and she doesn't deal with changes in routine well, so I just addressed the issues as they came up.

A month ago he informed me that he was in hospital, having presented to A&E suffering from hallucinations because he has been taking drugs again. I told him immediately that contact was stopped. Following that, SS rang me and told me he had been admitted with suicidal thoughts but was discharged the next day. They contacted HCP's involved with him, and came back a week later and said that they were taking it no further and they were happy that he was trying to get clean. I was in a position where I felt that the SW didn't really want me to reinstate contact, but couldn't tell me not too as whatever threshold they had hadn't been met. DD was really upset that it had stopped, and so I allowed it to be reinstated. A week later, after two more contact sessions had happened, he was texting me in the middle of the night, 3 am and 4 am, talking total nonsense. I realised then that he was on drugs again, and contact had to stop again.

And here we are. This time, I feel like it will have to be a long term thing, because DD needs stability, not going back and forward, not knowing what is happening. I don't know what to tell her, how much is too much etc. She hates to think that things are being kept from her so I have tried to explain that her dad is not feeling great mentally. I haven't told her about the drugs or the hospital obviously.

The problem is that he has no idea how unwell he actually is. He was phoning me at 9 am this morning, and when I didn't answer he sent all these messages asking why does DD hate clowns? and telling me that he had the police out to him in the middle of the night, and the police told him he seems fine and that he should "trust his instincts". He is clearly having some kind of mental health episode but he doesn't know that he is.

When he realises that contact won't be starting anytime soon he is going to flip out. He will be intolerable, he will blame me, and I honestly have no idea what lengths he will go to. I am so much stronger than I used to be, but his bullying and abuse has had long term effects on my mental health, and I have university exams in three weeks, so I really need to focus on that and on DD and not on him.

I will be phoning the SW tomorrow again, but aside from that, we just have to wait this out, and support DD through this as best we can. I just don't know what has to happen for him to get help? Should he take me to court for contact what do I need to start doing now to build my case?

This is already so long because I didn't want to drip feed but if anything doesn't make sense I can try to explain better. I just need to know if you think I am doing the right thing, and if there is any advice as to what I should do next?

OP posts:
youmakemyheartsing · 07/04/2019 16:43

Didn't want to read and run and I'm hoping someone else will come along and help more than I can!!
Does dd stay over night with her Dad? Could he have supervised visits in a contact centre? Could you get some sort of order on him that he only sees her when he's had a drug free test? Hope you can get sorted soon, what a horrible situation xx

BorsetshireBlew · 07/04/2019 16:50

Social services can advise you to stop contact and if they think you understand the risks they will take your word for it and take no further action. Stopping contact is your decision. If you stop contact then he will need to prove that he's safe before you should agree to reinstate it. That could happen via social services assessing him but that would only happen if they had an open case. Otherwise they would advise him to arrange mediation and look to going to court.

PepsiLola · 07/04/2019 17:15

You definitely sound like you have your head screwed on and are doing the best for DD.

Have you got anyone to report the messages to? I don't really know how this would work as I doubt your ex would take you to court over it all (doesn't sound like he's in a fit state to!)

lemonadefizz · 07/04/2019 17:17

Social Services wouldn't advise it last week...they might if I update them with what has gone on this weekend...but I doubt it. They described me as being "very accommodating" but that didn't sound like a good thing.

Arranging mediation/waiting for him to bring it to court seems like a huge waste of time money and upset for all concerned because if SS thresholds aren't being met then a judge is likely to reinstate it.

So I am caught in a situation where I know he is unwell and is not capable of caring for her, but no agency seems to be able to see that or want to step in...in court this will be open to being twisted around that I am withholding her from him for no reason.

In the meantime there is no telling what he will do and I am already being tortured by him. I have had to put my phone on silent today as he will not stop calling.

OP posts:
BorsetshireBlew · 07/04/2019 17:26

if SS thresholds aren't being met then a judge is likely to reinstate it

No, you misunderstand. Social services have no powers to stop contact between a parent and child. There is no threshold to meet because they don't have that remit.
Social services can advise contact to be stopped but they can't impose it. If they advised you to stop contact and you didn't agree they could then take steps towards putting DD on a child protection plan and ultimately going to court if necessary but that's not the case here.
If he applied to court a cafcass assessment would be fine.

BorsetshireBlew · 07/04/2019 17:27

Done, not fine

lemonadefizz · 07/04/2019 17:29

I doubt your ex would take you to court over it all (doesn't sound like he's in a fit state to!)

He absolutely would. He sees DD as his possession and he will do all he can to have her in his life, no matter if that is the best thing for her or not. (I am convinced that he still sees me as his possession also, and all of this seems to conveniently have necessitated him having more contact with me than we have had recently.) He is no stranger to solicitors/police/other agencies. There is no doubt in my mind that he will do all he can to assert himself.

He is highly paranoid due to the drugs, he is making no sense, he is making allegations against a family member and is hinting at DD being a victim of this family member too....if there was even a shred of a possibility that any of this was true I would be phoning the police myself, but it isn't. DD is fine, aside from the nonsense her Dad has been up to. SS knew all of this and still they couldn't intervene. I told them I thought she was at risk of emotional abuse....still nothing.

OP posts:
lemonadefizz · 07/04/2019 17:35

No, you misunderstand. Social services have no powers to stop contact between a parent and child. There is no threshold to meet because they don't have that remit.
Social services can advise contact to be stopped but they can't impose it. If they advised you to stop contact and you didn't agree they could then take steps

OK this makes sense. Thank you for explaining. So far, the decision around contact has firmly remained mine. The SW made that clear. However, now that I am making the decision that contact is stopped long term, do I need to involve the SW again or should I just wait until her dad brings it to mediation/court?

OP posts:
BorsetshireBlew · 07/04/2019 19:14

SS knew all of this and still they couldn't intervene. I told them I thought she was at risk of emotional abuse....still nothing.

I think I've already explained but just to clarify a bit more. There are two avenues for child and family law which are the public law outline and private law. Public law is what we call care proceedings which are only instigated when the threshold for significant harm is met and when nobody with PR is able to keep a child safe.
Private law is contact and residence matters and is instigated by a parent or relevant person (occasionally grandparent or step parent). Social services are occasionally asked to step in and provide certain assessments in private law proceedings but it's usually cafcass.
If he did get to the point of considering legal proceedings he'd still have to organise and pay for a mediation appointment before court and at that point you could refuse to attend with him citing the abuse and go to a session on your own, sharing all the evidence you have of his abuse and mental illness. I'm not sure what role a mediator has when a parent who wants to apply to court is clearly unsafe but they would at least document it and also his presentation.
If it came to court a cafcass officer (trained and experienced social workers) would assess the risk.

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