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Step-parenting

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Trouble with access

10 replies

mondaysucks · 18/01/2010 13:41

My brother has been having a hard time recently with access for his DC's and so I wanted to try to get a bit of advice from you wise ladies on his behalf. I'll include some history to help!

Brother and his ex split when DCs were 8 and 4 - she kicked DB out and moved in her new partner. She was difficult with access from the off, and DB had to go to court eventually to get formal access agreed, every other weekend and 1 afternoon pw, 3-6pm

Relations have always been a problem, and for some reason (despite initiating the split herself) she seems to constantly want to cause problems. She is the sort of person that needs to feel she has control, even when this is to the detriment of what the children want.

Both DB and the children would like him to have more access. On any occasion DB asks for this, eg. an extra night in the holidays or whatever, she says no, she has plans etc etc, even when the DCs later confirm to DB there were so such plans

Lately, the trouble is over swimming on Saturday afternoons. The children go to swimming lessons, and have since they were very young. As a result, they are now both very competent swimmers. They do seem very bored of it now though, and it is very much an activity arranged by their mother (unfortunatly her control issues extend to insisting on choosing their hobbies, even now when they are 14 and 10). They basically would rather not go any more, but she books them session after session on Sat mornings.

Well the problem is that occasionally, DB cannot take them - e.g. other plans, taking them away for the weekend, visiting friends/family whatever. It has only occasionally been the case that he hasn't taken them (despite them continually saying to him that they don't want to go but their mum makes them). 2 weeks ago, they didn't go because of the snow and ice conditions. Well the latest is that their mother refused to let DB have them on Friday night (because he apparently can't be trusted to take them swimming) and she dropped them round on Saturday after swimming instead.

DB is v upset because this is his contact time and she not only is violating the court order, but is upsetting the children and causing unnecessary friction. And quite apart from that, it should be up to DB how he spends his access time with the children. imo, the fact that she has chosen to book lessons during his contact visits, without asking him if this is suitable, is her problem

There is also an issue with weekly access now because DB's job means he is unable to pick the children up at 3. However, the order was made at that time originally when the younguest child was only 4, so now that he is 10, my DB can see no reason why he can't have the chidren later, say from 5. He has asked their mother and she has said no (no reason given other than if he is unable to pick them up at 3 this is his problem and not hers). This is despite the children wanting to see DB in the week (and recently, the youngest asking DB if she could bring his mum to court to see them more )

Of course DB could apply to go to court again and I do think he would get more access, especially as the children would be asked for their wishes. However, we are worried about the effect on the children. Their mother seems to have a real go at them about everything (most recently bullying the eldest for not 'making' their father take them swimming) and creates a very stressful environment for the children. DB is in a dilemma over what to do

Sorry this is so long. There are so many other examples but want to keep it as short as possible!

OP posts:
Surfermum · 18/01/2010 15:10

Hello again .

She's just being bloody minded isn't she? We too had lots of things like this in the early days, although thankfully it seems to be behind us now. I still remember how the feeling of powerlessness made me feel though.

Are you able to collect them at 3 or is it a case of you won't be "allowed"?

I think what you have to weigh up is whether the benefit to the boys of going back to court is greater than putting up with it. But if the swimming and pick up time aren't the only examples maybe it's time to go down the legal route.

Snorbs · 18/01/2010 15:22

I'd recommend your brother joins Families Need Fathers. They're not the same bunch of nutters you tend to find in Fathers 4 Justice, incidentally.

I think court should always be regarded as the last-ditch option. Mediation may be a better way forward as it's less adversarial. Certainly, the 14yo's wishes would be closely listened to in court. The 10yo's opinions would be given some weight but not as much. As you say, though, there is the risk that court would just increase the antagonism. It's not easy either way, unfortunately

mrsjammi · 18/01/2010 17:49

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yerblurt · 18/01/2010 20:34

Mediation then take it back to Court.

An order is not set in stone forever - they can change according to circumstances.

The amount of contact is pretty crap tbh, there is no reason why he should not be applying for more time as well I would think. The children are of an age where their opinion in the form of a Wishes and Feelings report (hopefully mum won't have worked on the kids too much) for CAFCASS.

Presumably dad has PR so what he does on his parenting time is up to him, he is an equal legal parent (if there are no residence orders in place). If a 14yr or 10yr old don't want to go swimming, what are you going to do - force them? It's ridiculous. They may wish to go to football/football match/karate/ etc etc.

And as snorbs said - join FNF and get along to your local branch meeting.

mondaysucks · 18/01/2010 20:42

Hi all, and thanks
surfermum - I work so wouldn't be able to pick up at 3. She is being difficult because she can - i.e. sticking to the letter of a court order made 6 years ago because it suits her, yet not sticking to it for weekends when it doesn't

snorbs - DB used FNF when going through the court process last time and they were a great help

mrsjammi - unfortunately in the case of the eldest, the way he's grown up is to do as he's told. So he wants to spend more time with DB but it wouldn't occur to him to stand up to his mother. In fact I think the impact of the controlling environment he's grown up in has had some lasting effects which he'll never recover from. I find it quite worrying actually that a 14 year old doesn't question or challenge things. I guess some children react to this by rebelling but some do the opposite - he seems to just be very compliant. Every other sentence seems to start 'I'm not allowed...' and in answer to a question about what subjects he's interested in for GCSE 'Mum says....'

The younger, in contrast, has really started to question things and I think he will be the one who causes her more problems in the future. It was the younger one that recently asked DB to bring his mum to court and complained to DB that his mum was slagging DB off to her friends, saying it's 'not right'

OP posts:
mrsjammi · 19/01/2010 01:08

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mondaysucks · 19/01/2010 07:24

blimey - that's awful. The mind boggles at the sort of emotional and relationship issues these children are going to grow up with and endure in their adult lives

OP posts:
honeyandlemon · 19/01/2010 21:11

hi - I hardly ever post on here, but was struck by this because of issues happening in my own life.

My view is that whatever the rights and wrongs your brother must make every effort to improve the relationship with their mother and not engage in any backtalk (even if their mother is causing this). In the interim this may mean taking them to swimming. Anything else causes emotional damage even if he is "in the right" in relation to specific issues.

In a few years the relationship will be an independent one. Hopefully they can make this work (I and my ex-husband have done this and we are much happier for it - although it was very hard work). if not it will be fraught (my partner and his ex-wife's situation) - and I would hate to see anyone in that situation.

There is no point in justified anger - being right does not help, sadly.

I do wish you all the best though xxxx

crazycrazy · 19/01/2010 21:30

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BlueCollie · 21/01/2010 13:34

Use FNF and go back to court. The kids are a lot older than when first court order was granted and that needs to be taken into account especially if the kids are asking you to. It's a horrible situation and one that many people are in as women can be controlling and selfish...god knows why as it takes m ore energy than being nice.
Good luck

xx

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