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Making Arrangements In The Other Parents Contact Time

275 replies

SnowWhiteWinter · 05/12/2012 09:46

Hi everyone, I have another thread too but have some other issues that I'd like to pose to mumsnetters. Everyone gave very honest advice (even if it was a little harsh at times) on my other thread (which I will update as soon as we have an update) and I (and my DP) would very much appreciate some honest opinions here too, and ideas of what to do etc.

My DSD (3) is starting a new preschool in January. She has been on the waiting list for over a year and was finally offered a place in October. It's so much better in every way than her current one, which has just had a "satisfactory" Ofsted report, and this one is "outstanding" - not that Ofsted reports are everything but it just adds to the list of reasons why the new one is better. It's bigger, more activities, better facilities, nicer location etc.

DSD's mum doesn't want her to change preschool but decided to leave it until 2 weeks ago to email DP to tell him. She likes the old one and wants her to stay there. We now have a very awkward situation as she is already enrolled in the new one and deposit is paid. For those of you who have not read my other thread, DSD's mum has only been having her and my other DSD on a 50/50 basis for the last 6/7 months. Before that, she was only seeing them about 1 night per week for around 2 years. During this time things like pre schools and schools were considered, visited, chosen and applied for - she wasn't interested in what choices were made, didn't want to visit any etc, so my DP and I did this, until 6 mths ago she had never been to see DSD's preschool. There is no residency order in place, no court involvement so far, which sort of makes things harder as when DSD's parents can't agree I guess it's a bit of a stalemate!

She hasn't actually given any particular reason for wanting to stop the move just "I like the current one". DP has asked her to visit the new one so she can see how great it is, she won't, she also doesn't want the prospectus we picked up for her, she just will not discuss it. DSD knows she is going to the new pre school after Xmas, she has been and visited with us a couple of times already too.

So my 1st question is What do we do? Cancel the new better preschool because her mum doesn't want her going there, even though she has been waiting for a space for so long, knows that's where she is going and we have paid deposit and we believe it's much better (hence the long waiting list).

My 2nd question is a little bit last minute. Next week, during the DSD's time with their mother, the new pre school is having their "induction" session for all new January starters. The children meet the staff and key workers and all the other new starters, parents have coffee and introduce themselves etc. This is only done once and unfortunately falls on a day when DSD's are with their mum. DP has written to her about 5 weeks ago and explained this all and proposed we take DSD to it (it's only 2 hrs). DSD's mum is at work that particular day, so DSD will be at pre school all day that day anyway so we would pick her up, take her for two hours and drop her back to preschool. DSD's mum has said no, DP cannot take her out of preschool for 2 hours as it is her week with the children.

Now as there is no court order in place DP knows he can very easily just go and get DSD and take her and return her but he is torn as to what to do. He has never once planned something during their time with their mum or asked to take them to anything during that time- and as she is working it doesn't make a difference to her anyway as DSD will be at pre school. He has asked their mum if she could get the time off work to take her instead of us, or we all go together, but she has ignored this possible idea. So what do you guys think? It is for DSD's pre school education but it's certainly not compulsory, it would just be very nice for her and I would think helpful for DSD to go. DP doesn't want to cause problems or act unreasonably during their mums contact time, but equally we know she is saying no because she doesn't want her to start at the new preschool at all (she may have other reasons but she hasn't mentioned any).

All advice greatly received, some of you have so much experience as step parents and of step family situations perhaps someone has been in a similar situation? Part of me just wants to say to DP, forget it, let her mum make the decisions just to keep the peace.

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SnowWhiteWinter · 07/12/2012 14:41

Sorry not to have replied today, been busy. I did say NEXT week in the OP and I have just re read it and it was a typo, I mean this week. No we did not rebook it and yes the children are with their mum this week (including yesterday) when the induction session was. It's not "inconsistencies" I have typed the same thing over and over again so I will some times make small typing errors.

Will try and reply to your other questions and give an update...

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MagicLlama · 07/12/2012 14:52

Xalla,

Next week must be the OPs week because Xmas week is also the OP & her DPs week, meaning they must be with their mum this week and also the week commencing 17th.

Perhaps the OP tried to adjust the date of the preschool visit, to avoid it being clear who she is in real life? I know that sometimes when I posted on here in the past re my court issues with DS1s dad that I altered a date to try and make myself less obvious. Although with hindsight, whether I said March or April, it would have been really obviously who I was Grin

Personally, and Snow can tell me to stick myself, I dont think the issue here is when the preschool meeting is, I think the issue here is the battle between the parents and the fact that none of them appear to be willing to back off and take the moral high ground for the sake of the kids.

I posted about the PR, because if Snow genuinely thinks she has PR, when she cannot have it, this could cause real problems for her if she maks decisions using it that she is then pulled up on, but also because, taking Snow at face value, it means her DP is lying to her. That would concern me, and I think Snow needs to work out why that might be the case, and also try and see just how much she is, however well meaning, contributing to the distress these girls are going to suffer as this war wages on.

I reiterate that my friend lost his 50/50 because of the exact behaviour that the OP and her DP are doing. I can geniunely see that Snow cares about these kids, and I can also (from seeing my friends reaction) just how much losing it might affect her DP. My friend wishes he had behaved differently, but its too late now. Its not to late for Snow and her DP, and if they really really want to do the best for these kids, they need to come back, be honest about whats going on, as im sure people on these boards would be willing to help.

Its far better to get flamed on here, and then change your behaviour than get flamed by a judge / CAFCASS / other professionals and it be too late to do anything about it.

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MagicLlama · 07/12/2012 14:54

And then I cross posted with the OP!

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SnowWhiteWinter · 07/12/2012 14:54

I have indeed very much considered the advice given to me here and really appreciate it. This advice together with lots of talking between DP and I has led to us deciding to "let go" the issue about the pre school and keep DSD at the one we no longer like as per their mums wishes. Also why Dp has approached his EX about their agreement that CB goes into trust fund to reach and agreement whereby we use that for the children and he dropped the CSA claim. To say I am not accepting or appreciating advice is simply incorrect.

Secondaly, I do indeed have PR for the girls. I am not imagining it, I am not pretending (what exactly would be the point) and my DP has lied to me stating I have it. We have all the documents here (somewhere) and we definitely did NOT go to court to obtain it and there is definitely no residence order with me named on it or otherwise. I spoke to DP last night about it and he confirmed his solicitor sorted out the paperwork, I think she may have had to apply to court for it, but I am unsure exactly what happened their end. We did all sign a PR agreement, whereby they both agreed to me also having PR, we did have to take it somewhere in London with Dp's solicitor and have it witnessed but it certainly wasn't a court, more like a council offices building, definitely not a court though.

Oh and I was certainly not the OW! I didn't break up the family, it was already broken up when I met DP!

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SnowWhiteWinter · 07/12/2012 14:57

MagicLlama - I haven't posted all day then BAM out posts cross! :)

I really appreciate your time posting, I do honestly appreciate hearing good and bad tales of what's happened in other peoples lives and it helps us to make the right decisions and neither DP or I want to be doing the wrong thing by DSD's. The next few months are going to be hard, I just know it, something has to be sorted and DP is meeting with his solicitor to hopefully agree on a plan of action that is best for DSD's and get something in place that gives them stability and none of this arguing and hassle.

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MagicLlama · 07/12/2012 15:23

Grin I know sods law and all of that!

With regards to PR, and I really dont want to harp on about it, I am sure you cannot have it as parlimentary guidance itself states that PR agreements and orders can only apply to married stepparents. Indeed the step parent parental responsibility agreement form downloadable from direct.gov clearly states that you have to take along proof of your marriage certificate with you.

But equally I dont know why you would be adament that you have PR, when all the guidance pretty much everywhere says you cant!

Either, everything everywhere is wrong, its not a PR order, or your DP is talking out of his hat.

I really think it might be worth you finding the paperwork, and seeing exactly what it says to be honest. even if only for my peace of mind Grin

(Finally if you do have it, id love to know exactly how you got it and what the order that gave it was, as it would be very useful to someone I know, who is trying to get it but has been advised by every solicitor she saw, the childrens legal centre, and the clerk at court that she cant!)

Was it today your DP was at the solicitors? I hope hes gone on OK.

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NotaDisneyMum · 07/12/2012 15:23

We did all sign a PR agreement, whereby they both agreed to me also having PR, we did have to take it somewhere in London with Dp's solicitor and have it witnessed but it certainly wasn't a court, more like a council offices building, definitely not a court though.

Is it possible that you married your DP at the same time?

I only ask because being married to your DSD's Dad really is the only way you can legally have PR - look at the guidance notes on the form I have linked to.

If you're not married to your DP, and you have documents that you think give you PR, then someone has committed fraud - did you read the form carefully before you signed them, or did you trust your DP?

www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/documents/digitalasset/dg_181743.pdf

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SnowWhiteWinter · 07/12/2012 16:15

Disney, you made me laugh! No I certainly di dnot marry my DP at the same time. I honestly am not an idiot, promise! I know for a fact that I have PR for the DSD's, it was when mum wasn't really that interested and DP and I were doing everything for them. Their mum wasn't "ill" and recovering, she honestly never showed any signs of wanting a proper relationship with them. DP's solicitor suggested it, said it was easy if mum agreed, Dp asked her and she said yes. I seem to remember she met DP and I up in London one afternoon when we had taken the DC out for the day and we all went in a signed, certainly wasn't a court or a judge though.

I'm going to get DP to get the boxes down from the loft over the weekend and then I can confirm exactly what form / order I have with my name on. I'm a little bit concerned now, how strange. Honestly, I haven't needed PR, although it has come in handy when asked for vaccinations, but as another poster said a letter from the parent giving permission would have sorted that. I have never used it to gang up on their mum with DP over decisions, I have never abused it or really thought about it much. That sounds a bit shit but so much has happened, so many changes, problems etc that it all sort of rolls into one after a while.

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allnewtaketwo · 07/12/2012 16:18

So if you didn't need it, it does rather raise the question as to why your DP was so keen for you to have it (sorry but am dubious that it was solicitor's suggestion). Especially if no issues in this regard had arisen prior to this.

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SnowWhiteWinter · 07/12/2012 16:22

I can't answer that allnewtaketwo. It was the solicitors suggestion, I was there when she suggested it (different one to our now solicitor) although I can't remember what the actual reason we were there for as it was ages ago - it wasn't anything "big" though.

Magic, I have given DP instructions that he is up in the loft this weekend to find the boxes of old paperwork and I will report back! :) How odd. I am a little concerned, although we are both certain we definitely got what we went for and didn't come out married!

Today's solicitors appointment went well (expensive - sob). DP's solicitor is advising he applies to court for residency and that he has to have a think about whether he wants to apply for 50/50 or more in our favour. I can't see applying for 50/50 shared residency is actually any different to how it is now though, does it make any difference to have it on paper, I can't see how....

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SnowWhiteWinter · 07/12/2012 16:24

Does anyone know what the difference between sole residency with other parent having lots of frequent contact and shared residency with contact being 60/40 for example? Or can you only have shared residency if it is 50/50?

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allnewtaketwo · 07/12/2012 16:26

So if you were there when the solicitor advised it, did you not ask why she was advising it? And what led to this comment - did she make it out of the blue or had problems/issues been discussed which led to subject coming up. Presumably there was a charge for the process, so it would have been odd not to question the recommendation if you didn't understand the reason?

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purpleroses · 07/12/2012 16:28

Shared residency doesn't have to be 50-50 - my DP has it, and we only have the DSC at weekends. I'm not sure what rights it gives you really over a sole residency with contact order for X amount of time. Sure someone else must know.

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MagicLlama · 07/12/2012 16:47

Solicitors are expensive. I managed to blow £25k on mine Sad and mine wasnt even apparently a complicated case as complicated family law cases go! Dread to think what complicated adds up to!

You can have shared residency with any proportions. It doesnt have to be 50/50. It can be as little as 90/10.

Generally, a sole residence order is given when it is inappropriate for the child to "live" at the other house. Alot of applications these days come out with shared residency.

The main difference is a residence order allows you to take the child abroad for up to 28 days without the other parents permission., so with shared residence both parents can go on holidays abroad without asking, although in theory if it affects the other parents contact time they should at least negotiate it. A contact order doesnt allow this.

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NotaDisneyMum · 07/12/2012 17:02

'm going to get DP to get the boxes down from the loft over the weekend and then I can confirm exactly what form / order I have with my name on. I'm a little bit concerned now, how strange.

A very good idea, snow - you may know for a fact that you have PR for your DSD's, but that just isn't legally possible in England and Wales (not sure about Scotland) unless you have either been awarded residency through court, or been granted leave by the court to apply for PR.

I know you have been subject to some harsh accusations and skepticism here - but if you genuinely believe that you have PR, I would recommend that you have your own solicitor (not the same one as your DP uses) look over the paperwork, so that you know exactly what responsibilities you have.

Accepting PR for a child is a very big deal - for instance, if there is an attendance issue at school (even if that is your DSD mums fault) then ALL adults with PR can be held accountable - you could be facing a hefty fine for actions their Mum takes. I know of a NRP who got fined in these circumstances, when he tried to appeal, the answer was that he should have got a court order for residency so he could take the DC's to school because he knew they were habitual non-attenders.
You now have a legal responsibility to house and maintain your DSD's up to the age of 18; even if you and their Dad are no longer together; something I appreciate you may not think is significant now, but they are very young, things change.

I think you would benefit from finding out exactly what it is that you have signed up to and the implications of that - for your and your DC's sake. Should you and your DC's dad ever disagree, your judgement regarding this could well be brought into question.

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pinguthepenguin · 07/12/2012 17:42

OP is it possible that what you have is a written agreement via solicitors for PR rather than a legally binding one?

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SnowWhiteWinter · 07/12/2012 18:57

Ah I see. So shared residency means the children have two homes but doesn't have to be 50/50 time in each of those homes. Sole residency is where the children have one home and spend contact time with the other parent. The thing about holidays is good, although their mum has never stopped us taking them on holiday, it's good to know she can't if we have a residency order in place - although we'd not take them during her contact time of course.

NADM.. I will update once he has got the forms down. I know we used them when DSD1 started school and took copies of it along with her birth cert when we took her in for her first day at school, so the school had it all on file, but I don't think I've had it out since.

Attendance at school is as issue, lateness rather than non attendance at the moment, but considerable and regular lateness (on the days their mum takes them) We have a meeting booked for the last week of term to discuss attendence and other things so should find out for certain then. They have raised a huge issue over her lateness (yet) but Dp is on top of it and has said to EX quite a few times the importance of getting DSD to school on time and how being late doesn't do her any good when she already gets upset some mornngs anyway.

Possible Pingu, I'm not sure. Do you know the difference?

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bunchamunchycrunchycarrots · 07/12/2012 19:14

Snow I'm just curious but does your DP have the same 'PR' agreement for your DC or is does this only apply toy your DP's children?

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bunchamunchycrunchycarrots · 07/12/2012 19:15

Sorry , random y there.

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bunchamunchycrunchycarrots · 07/12/2012 19:16

And a random 'is'.

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NotaDisneyMum · 07/12/2012 19:21

Possible Pingu, I'm not sure. Do you know the difference?

One is legally binding, the other is merely a statement of commitment made by the parties, but can be ignored/overuled at any time by any of the three.

snow Doesn't it worry you that you don't really know, and you have trusted your DP to take care of things? Although you say how attached you are to your DSD, you seem quite blase about what your responsibilities are!

Given the chaotic lifestyle you have described their mum having, this is something you would do well to have nailed down.

If there was an emergency involving your DP, you may find yourself in direct dispute with your DSD mum, or even SS - and you don't really want to be rummaging in the loft boxes to find out whether you are legally able to look after them, do you - it's a bit late then!

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allnewtaketwo · 07/12/2012 20:17

Say if OP does have PR, what happens of she splits with DP?? Is that why its actually related to marriage, whereby the PR is rescinded upon divorce? That would make sense, as I can imagine countless nightmares if an unmarried partner has PR and then tries to act on it even after splitting with an actual parent

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allnewtaketwo · 07/12/2012 20:29

Snow, are you all (including the mother) going into school to talk about the lateness? If its just you and DP, what can possibly be gained, when neither of you understand the reason?

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SnowWhiteWinter · 07/12/2012 21:04

allnewtaketwo - That's a really good point, I suppose we never know what the future holds, I assume that if DP and I break up then the PR is revoked somehow. I know it sounds awful but I am honestly not sure.

Just DP and I went to the last meeting. This was after the parents consultation where they told use that some mornings DSD is very quiet and upset when she gets to school, but the teacher stated it was only mornings after being with her mum. DP and I were worried and wrote to headteacher, they then backtracked a bit and said they "think" it's the mornings she's with her mum but will keep a record for a few months to identify a cause and hopefully a resolution. We got called in for a meeting about this and they mentioned attendance then too. As far as we know the head has called in their mum for a meeting too but we are unsure if she went as she hasn't answered DP when he asked her via email. Meeting is last week of term, just DP and I - I assume their mum will have a separate meeting.

Disney... I do sound blase, but I'm not. I have always taken responsibility of DSD's alongside DP, I feel responsible for them, I feel I am one of the few adults in their lives that needs to make sure they are provided for, needs to ensure they have a secure and happy home etc, and I take those responsibilities very seriously as I do for my own DC too. You're right about the paperwork.

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