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ex INSISTING on 'custody' half the week...

themusogardener

...i have turned to these pages for help, or just some forM of support.

i wonder if there is anyone out there who could help me through this truly hideous time.

in short (because otherwise i will never stop)...

my now ex, has been a very controlling yet deeply needy person to live with since our daughter was born.

our relationship and family life was a sinking ship which i tried for many many months (even years) to bail the water out of and stop the rot...to no avail.

he continued to be totally unwilling to change or take responsibility and be a grown up.

i broke up with my partner after 4 years relationship on the 16th May therefore, after much deliberation and angst.

he immediately then took my 23 month old daughter for four days and nights totally dictating the terms of 'contact' right from the outset "to prove that you arent going to try to take my daughter away from me". She had never been away from me for more than 1 night...until then.

he has continued to take her from me and her home for 3and a half days each week since then.

i have stated how i totally disagree that these are good plans, are about his not her needs and totally awful in every way

he resides now at his mothers who fosters and adopts kids...there are apx 7 special needs/learning difficulties kids up to 18 yrs living there, he takes my girl where shes never slept, with nothing that she knows other than a few things and knows only to visit at his parents place...for HALF OF EVERY WEEK.

he thinks this is all FINE, WONDERFUL even.

he wll NOT NEGOTIATE

he will NOT BEND

he won't see his part to play in all this mess

he is however a good dad on lots of levels...but he is NOT HER MOTHER. loves her to bits and is very proud of her.

he does not know her like i do, he hasnt attended to her like i have, with every finite detail that a baby needs. in and out of the womb. she is still only 23 months old he has been a very 'as and when it suits him' parent and hasnt proven himself a fully responsible one.

he has been living in a static caravan there

he's walked away from debts and left me with all the household bills to sort

he swings back and forth with his moods like a metranome with me ie one day he will pay his half of the mortgage still, the other he won't

my solicitor has agreed with me that its wise to take 2 weeks off with my daughter to advance things forward in the process, he wont say anything different in mediation he has said so it is to court then.

i am now with my family, going into week two soon. im in touch with my solictor and awaiting what his intentions are because...

...whilst we have been away, ive been informed that he has broken the front door down and told friends that he's been 'swapping furniture' around and that he'll be back in a few days. perhaps to occupy the house (its half his afterall) which would give much more leverage over me if he resides in the 'family home' which creates that stability i am looking for.he can then i presume request a 'residency' order

meanwhile. i am not sleeping i am having panic attacks sometimes when i think about the enormity of whats gone on and also the grief which encircles my life right now.

i do however love every single waking and sleepig moment i have with my daughter and have managed to reattach that extended umbilical cord which has left me feeling severed.we have a great time together and shes an extremely happy and independent little thing. approaching 2! :D

i dread and fear that he will win his exact three and a half days in court because he plays chess very well, i do not.

i'm shit at playing mind games.

i have offered very reasonable communication and ive offered via my solicitor and face to face, the following

- he have her first thing saturday morning until last thing sunday night
- plus one full day during the week, totalling three days and one night
- i've also stated that i will do all the driving to enable this if we can come to an agreement

he has outrightly and mockingly DISMISSED anything 'less' than three and a half days of every single week.

as this whole business, is 90percent of his making...

AM I DOING THIS RIGHT?

please respond

Posted on: June 9, 2009 - 11:36pm
Louise
Parenting specialist DoppleMe

Hello themusogardener

Firstly you are welcome to One Space and thanks for sharing what you're going through at the moment, traumatic though it is. I hear the pain and panic in your post and my heart goes out to you and your little girl. However, I am going to be as straight with you as I can be, from my experience of supporting families through similar situations, as I believe you deserve no less.

I am glad you have got some legal advice. If you are on Income Support then you are entitled to Legal Aid unless you own a lot of property equity, and you should therefore take advantage of this Legal Aid to use your solicitor in court. One possible outcome (in fact a fairly likely one) is the case will have a very short "hearing" and that it will be adjourned pending CAFCASS reports. CAFCASS is the family welfare organsation attached to the courts and they will speak to all concerned on an individual basis. This is your opportunity to voice your concerns about his track record, although I have to say to you that his mother being an approved fosterer and on hand during his parenting time is a strong point in his favour as far as the court is concerned. CAFCASS may well recommend to the court that you both attend mediation (again). It is vital that you keep written copies of, for example, the offer of parenting time you gave to him. The courts in general tend to favour the mother (not always correctly in my view, but they do) and this is another point in your favour.

Another couple of points: if he has not been a consistent parent in the past then either a. he will give up this insistence and revert to as and when contact or b. he WILL be consistent and this will be better for your little girl. it sounds very much to me as if his "insistence" is because he knows it is the best way to hurt you, would you agree? If he doesn't know her like you do then he soon will do!

It is unforgiveable that he has walked away leaving you with money worries and this is something you need to address with your solicitor. However, money and parenting time are completely separate in law, however his inadequacies in either or both of these areas infuriate you. I would definitely check with the solicitor whether you are within your rights to change the locks, as I have heard mixed views on this topic.

So my suggestions are: be as strong as possible, take heed of legal advice and please know that whether you like it or not, you are going to have to accept what the family court says....which is why it is much better to sort these things out without involving them. Whatever the outcome, you are the Mum to your lovely girl and it is vital that you remember that you can make a great deal of difference to her happiness and security.

very, very best wishes

Louise

Posted on: June 10, 2009 - 1:17pm
Anna
Parenting specialist DoppleMe

Hi themusogardener

Stressful times.....what you are going through is not unusual when parents are separating. Louise has given some excellent, honest information, but I especially wanted to focus on, is he doing all of this to deliberately hurt you? If this was all about him seeing his daughter, then his behaviour suggests that you are completely unreasonable. However from your post, it sounds as though you have been sensible and considerate, not only of your daughters needs, but of his as well ie: "i've also stated that i will do all the driving to enable this if we can come to an agreement"

So my point is, you need to protect yourself and recognise what he is doing, by recognising this, it can make us stronger. If you decide that his actions are no longer going to hurt you, you may find that you put on a coat of armour and prepare for battle, because going through the courts, can often feel like a battle. I think as good parents, we question our every decision, reason, motive and try and do what is best for everyone, but the gloves are off now, it sounds as if you have tried to be reasonable, but its now time to start stating what you really want, within reason (!)

You ask if you are doing this right, you can only do as your solicitor advises really and trust that they will put forward a good case and the Judge recognises the power games your daughters father is playing.

As I said earlier, going through the court system is very harrowing, so keep looking after yourself, don't let it consume you. It is great that you have the chance to have a couple of weeks off, keep trying to take little breaks, even if it is a film you've always wanted to see, or a walk in the park. You have to keep yourself sane and happy.

Keep us in the loop and let us know how things are, as I said many many parents on this website are going through, or have been similar frustrating circumstances.

Posted on: June 10, 2009 - 2:22pm
sparklinglime
DoppleMe

I would just like to add my best wishes for all of this. What a nightmare time you're having.

Posted on: June 10, 2009 - 2:52pm
Bubblegum
DoppleMe

sparklinglime wrote:
I would just like to add my best wishes for all of this. What a nightmare time you're having.

Having been through courts and CAFCASS my self over the last four years ! I too would like to wish you the best.

CAFCASS seem to get a lot of bad press, but my experience of them has been nothing but fair, they do seem to have the best interests of the children at heart and I think this is where some of their bad press comes from as there is always going to be at least one side in any situation that doesn't agree with any decision they make.

The staff at the Llandudno office in North Wales do an incredible job in what is always a difficult situation.

Just thought I'd give CAFCASS a plug here : )

Posted on: June 11, 2009 - 6:25am
Louise
Parenting specialist DoppleMe

Glad you have had a good experience of CAFCASS, Bubblegum :) You're right: by the law of averages there will always be at least one party that does not agree with their decision. My own experience of them (working with many families) is that they tend to favour the mother unless there are fairly significant mitigating circumstances....but I think that is because a lot of the Family Court system has that inclination too. However I would love to think that each case is considered individually and I am always delighted to hear of good outcomes.

Louise

Posted on: June 11, 2009 - 10:13am
Bubblegum
DoppleMe

I don't think my X thinks CAFCASS are very good, in fact I know she doesn't.

It's never going to be happy all round when families break up and too often all the adults forget them selves and it becomes a war of bitterness and hate with the children as something to be won. And that is why I think CAFCASS is good as they are an independent third party who concentrate on the childrens well being.

Of course I'm pretty sure I wouldn't be saying this if CAFCASS had given my X residency : )

And yes the whole system does favour the mother as you say Louise although apparently this has been changing over the last couple of years, or so my CAFCASS officer once told me, but then maybe she was trying to make me feel better : )

Posted on: June 11, 2009 - 8:30pm
Anna
Parenting specialist DoppleMe

I always thought that CAFCASS was an excellent idea, it focussed on the children and therefore it meant that both parents could take a step back a bit and let the professional make an informed decision.

HOWEVER, (my time to get my two pence worth in!) in my own personal experience and the experience of many of the parents I have worked with, CAFCASS is still in the dark ages when it comes to access with violent and/or abusive ex partners. They still seem to think that the child should see both parents, even if the child is scared witless, it unnerves the resident parent and the absent parent is only doing it to keep power over the family. Agghhh :evil: it makes me so MAD.

AND if you do manage to get the CAFCASS officer to hear what you and the Police are saying, that it is not a safe environment for a child to be with other parent unsupervised, they graciously arrange a contact centre and you feel relief.........HOWEVER that can only last 3 months and if said parent has behaved according to the little old ladies that 'run' those places, he then gets unsupervised access and all you can do is 'write down everything that happens in case it has to go back to Court' Our children are not pawns in a game and lets see how 'good daddy or mummy' can be, this is their lives we are talking about. :oops:

Phew....apologies, a little rant from me there. If there are any CAFCASS officers reading these posts, I would dearly like you to contact me, so we can work together and support and explain to people on this site, why certain decisions are made.

Thank you all for listening, I am off for cup of tea.

Posted on: June 12, 2009 - 2:25pm
Anna
Parenting specialist DoppleMe

the musogardener, how is it going? Any news on what will happen next?

Posted on: June 12, 2009 - 2:26pm
themusogardener

wow.

;)

thanks so much everyone for your responses.

it's really great to know that i have a bit of a knowledge base out there i can tap into.

i feel a whole lot calmer now. the time away from it all has given me the perspective i have wanted and the ability to sort shit out!

it has been confirmed that he is now living in the property again. he broke in to do just that i reckon. his moods still change like nobodys business and so now...i am effectively 'homeless' because i obviously cannot return to the house.

my solicitor has agreed that applying for residency is the thing to do because my ex has not responded nor has a solicitor on his behalf as yet.

he has phoned once to speak to m and i called him once to enable that. that's it.

my ex still hasnt actually told me that he is living back there nor even suggested what on earth he's doing.

so, still, no stability. except emotional on my own part!

i have no particular desire to live in the house. definitely not if he resides there!!! but in general, my daughter will be fine wherever she is with me. we're having a lovely time.

trouble is now, the mess continues...i changed all the bills into my name so that i could be responsible and in control of them properly. i dont now what to say to the mortgage company bacause it changes so much. i know that i must talk to them asap rather than wait for a definite stance from the ex.

god knows how all this will pan out. i will just take each day as it comes and try very hard tto keep a cool head and warm heart.

i am keeping a log of everything. dates, conversations, events and i am in consultation with my solicitor frequently.

i drafted a letter to him that summarised our relationship timeline, to explain everything, to help him understand...i suppose to appeal to his rational side. glad i got the solic to look at it, she chopped it all out bar a few sections rearding my daughter and her care. she rightly said we needed to focus his mind on that because he appears to be thinking about himself and 'the relationship' first. she didnt think it necessary to send it to him, but if i felt that i should, then i could. i don't now to be honest. i sort of want to placate and show i'm not evil or trying to take her away altogether but at the same time, it could just trigger even more crazy actions by him.

maybe i'm not respecting myself enough though, perhaps i don't need to make it all easier for him...i spent far too much of my life doing that for him. hmmm. tricky.

it's my daughters birthday this week, she will be 2. wow. glad she's only just turning 2. i couldnt have dragged it out because the older they get the harder it becomes for them to adapt and comprehend etc.

thanks all, ill keep posting.
x

Posted on: June 15, 2009 - 11:49am
Bubblegum
DoppleMe

Anna wrote:
CAFCASS is still in the dark ages when it comes to access with violent and/or abusive ex partners. They still seem to think that the child should see both parents, even if the child is scared witless, it unnerves the resident parent and the absent parent is only doing it to keep power over the family.

This was exactly my situation, made all the worse by that fact that I was the male and it was my wife, both smaller and younger than me who was the "violent and/or abusive ex" despite her being arrested, despite family protection officers and social services, despite all this many people didn't believe me and contact was arranged. And then I had to go through all the bellow you mention...

Anna wrote:
they graciously arrange a contact centre and you feel relief.........HOWEVER that can only last 3 months and if said parent has behaved according to the little old ladies that 'run' those places, he then gets unsupervised access and all you can do is 'write down everything that happens in case it has to go back to Court' Our children are not pawns in a game and lets see how 'good daddy or mummy' can be, this is their lives we are talking about

That is more or less how I feel about contact centres, staffed by ill equipped people, all nicey nicey woolly social worker types. I had to deal with a private company whos basic motivation was to keep us on the books so to speak, so despite what bad behaviour my wife displayed, if she didn't turn up or was late, spoke inappropriately to the kids, constantly questioned them about me, despite all this their reports would always show that contact was going nicely and according to plan. The plan being that after a year it would move onto a more relaxed contact centre staffed by volunteers, thus showing how wonderful and successful their system was. I complained all the way through but still it went ahead, and then in the new contact centre it all fell apart with my wife turning up wasted late or not at all.

If I sound bitter it's because I am and just thinking about them now makes me angry, angry at their complete incompetence and the damage their incompetence has had on MY children by allowing contact to continue when it clearly shouldn't have.

Luckily for me my CAFCASS officer came round to seeing my X for who she really is, and when my wife recently said she no longer wished to see the children and then a month or so later, after I had told the children, she changed her mind, then CAFCASS said no.

Sorry for going on and sorry for hijacking, despite all this though I still think my CAFCASS officer is amazing : )

Posted on: June 15, 2009 - 1:31pm
Louise
Parenting specialist DoppleMe

Bubblegum, that's an awful experience and especially of contact centres, the very people we need to be able to trust. Glad the CAFCASS officer came up trumps in the end. Sadly it can be a subjective matter.

the musogardener it all sounds like a flipping nightmare :shock: You seem to be covering all bases and your solicitor will help you in this. You said yourself the most important thing of all: your daughter will be fine wherever, as long as she is with you. :D

Posted on: June 16, 2009 - 10:04am
Anna
Parenting specialist DoppleMe

Hi the musogardener

Happy Birthday to your little girl! I hope you and she have a wonderful day, wherever you are and however you spend it!

You mention that you wrote the letter, I think that is great start to clear your head and know exactly what you think. The solicitor cut out all the irrelevent bits, so that it was only about your daughter again, that is great, so that he recognises that your relationship and his relationship with his child is two separate things. It might have given you a clearer picture too. Now you are wondering whether to send it, only you know the answer to that, whether it would help or not. What I want to ask you about though is:

Quote:
i sort of want to placate and show i'm not evil or trying to take her away altogether.

I so know that feeling from my own experience, I wanted my ex to recognise that I wasn't a bad person, that I was always trying to do the best for our daughter, for him and also for myself (eventually), however 'they' just don't hear it. Some people have made up their mind and they are not prepared to accept their part in the break up. Its sad for them, because it means they won't grow and learn from the experience, they will only come away with negativity.

So what I am trying to say is, if you feel that you want to have one last shot at trying to reach his rational side, then go ahead and do it, but be prepared to be ignored or be on the other end of a "crazy reaction". But maybe you will then find peace of mind that you did everything you could before you let it go once and for all.

Posted on: June 16, 2009 - 10:58am
themusogardener

update

hi all

i sent the abridged letter and felt much better about it.
so that's good. however, he totally (as predicted) missed the point, remains unclear as to what and why .and there are as you say anna, some people who basically want to believe what they want to believe...he will not grow or change. ive tried ...lots!

in fact now, he thinks he's jesus!!! writing at length about how he's saving all the mess i have created etc etc WHAT A CROCK OF SHIT THAT ALL IS! its as though they render you completely powerlesss and dumb by taking all your work and actions and words no less then fly them back at you. i mean, you could even quote me in what he's written.

so, i consulted my solicitor because i was aware that the two weeks was up and there was STILL NO RESOLUTION. no adsvancement at the least. no contact to my solicitor from him or his brief. sigh. so knowing her brithday was up and coming and fathers day i suggested to her that i should suggest that he take her for the weekend and her birthday to be rturned to me on the sunday eve. she brought me to my sense delicately because essentially he could very very easily take her for 2 weeks, three, ten! then of course he would have her there with him, apply for residency and the courts would have to consider the case from that point on!, in her home, with what she knows, and me homeless....yes...did i mention that???? i am now homeless because he broke in and took occupancy whilst ive been away for a bit. i'm in total and utter limbo now......i digress....
so my solicitor suggested that i allow one full day ie he come to where im staying with the family and we spend all day with maizie from the morning to the evening. so thats what happened after shed written to suggest that. he did not reply but i knew that he would come. so i was very civil and approachable and gave him every opportunity to tell me his intentions or plans or whatthef***ever...no commitment to anything other than the continued insitance that for "our daughters human right" to have her father and mother for exactly 50% of the time. he said some other shit about how i have abducted her and am actually holding her hostage. i even did a fathers day card with my daughter, to give to him.

this man ahs made this whole thing (and my whole life) far far more f***ing hard than it need be. i'm tired of it.

so as you can see it just gets more and more complicated, meanwhile i'm trying to build what i have left. in limbo, with no home, no confirmation of anything and a man who is a self proclaimed jesus, rewriting history to the max and of course a home to go to. with the possibility of little girl away with him for half of the time, (with the television babysitting), with the dog, the cat, the chickens, the everything...i'm wide eyed right now. :shock:

been in touch with var housing orgs etc but importantly been in touch with womens aid and they are helping me realise the true extent of whats gone on and whats going on. its day one with that.

the hypnosis i have felt ive been under is directly related the manipulation and abuse i have experienced in this relationship.

i'm sad, but trying to remain strong and calm.

i need my friends but they are all there and i am here in england on family sofa beds and spare rooms. it's not fair on my family or me and my daughter ffor this to go on.

xx

Posted on: June 20, 2009 - 4:13pm
themusogardener

woah

i know similar situations, in fact i even have a radio play in my head that i want to write about these experiences.

i feel sad at the frustration that it must bring and deep sorrow. your pride and your sanity tested by the oppressive and violent actions of 'a woman'.

Quote:

This was exactly my situation, made all the worse by that fact that I was the male and it was my wife, both smaller and younger than me who was the "violent and/or abusive ex" despite her being arrested, despite family protection officers and social services, despite all this many people didn't believe me and contact was arranged

Quote:

...the feelings of injustice in your case must have been horrendous.

so glad that it's all worked out for you now.

i am also interested in the other side...in terms of what humans do to live with themslves. wherein lie the truths etc etc. all very very tricky and emotional but really interesting.

best wishes x

Posted on: June 20, 2009 - 4:29pm
Louise
Parenting specialist DoppleMe

Hello themuso

You're right it's so damn well NOT FAIR. My blood is boiling! :evil:

Glad you have been in touch with Women's Aid. One of the hardest things to get your head round at the end of a relationship, in my opinion, is that however badly the other person has behaved, not only can we not change them but also they will never see how badly they have behaved........so in one sense we can waste our precious time and energy in trying to "convert" them. It's blummen frustrating too. You and your daughter deserve far, far better :( so make sure you get it!

best wishes

Louise

Posted on: June 20, 2009 - 7:51pm
Anna
Parenting specialist DoppleMe

Hi themusogardener

I am SO glad you have got in touch with Womens Aid, I hope you are realising that your ex has been abusive. Its not always that obvious, but he is definitely controlling how you feel about yourself and your decisions.

I have to wonder why, if he didn't ask to see his daughter on fathers day, why you requested it? I know the answer actually, because I have been there myself, many years ago!! but why do we do it? From your posts it seems as if he is making no effort, don't try and create something that isn't there. I know you want a daddy for your little girl, but what kind of dad can he actually be? He seems to think he entitled to all this.... no one is entitled to a childs love, you have to work at it.

Sorry this soes not sound very impartial or professional, but I have been where you are and it took a long time to let go and see the situation for what it was, my daughter hasn't seen her father for 7 years, half her life, except for when he wants to send the random letter professing undying love and how the universe holds their souls together :?

Things will turn themselves around, I too was also homeless and now I have a roof over my head, my daughter is doing well and I am very proud of both of us. It is hard when you have to move away from your friends, however, you will meet new people and good friends will always be there at the end of the phone.

How are you feeling today?

Posted on: June 21, 2009 - 12:45pm
Bubblegum
DoppleMe

themusogardener wrote:
i feel sad at the frustration that it must bring and deep sorrow. your pride and your sanity tested by the oppressive and violent actions of 'a woman'.

It wasn't quite like that, not for me anyway, when you are there you just get on with it and adapt without knowing, because people like that don't just suddenly turn one day it's slow and gradual and in the end you think it's maybe you, and you still love them anyway.

themusogardener wrote:
...the feelings of injustice in your case must have been horrendous.

Horrendous made me laugh :) Again, I don't know, I think I've learnt so much over the past few years, previously I'd had a pretty happy care free life and never had to deal very much with emotionally damaged people, or the 'System' so to speak, social services the police and all that. There are some nasty people in the world who do unspeakable horrible things to other people, children, and get away with it too and the system set in place to help the fall out from all this is so bogged down in it's own bureaucracy and fair play and staffed by people who just don't know and live with their heads in the clouds in a happy world of Tescos 4x4's and organic wine. They might as well not be there and just let it all happen anyway they end result wouldn't be much different.

It is all very frustrating and I find it difficult to put into words the idiocy I've had to endure over the past four years.

themusogardener wrote:
so glad that it's all worked out for you now.

me too : ) but it's still there hanging over my head like the Sword of Damocles (I've oh so for ever wanted to fit that quote in some place) due to the complete (read above) of it all she can at any time decide she wants to see them and we have to go through all that crap again, there is no one to stop and say, one minuet haven't we been through all this before?

And if you've read this far thanx : ) would have been too long for me : )

Posted on: June 21, 2009 - 5:35pm
Anna
Parenting specialist DoppleMe

Hi bubblegum

Quote:
when you are there you just get on with it and adapt without knowing, because people like that don't just suddenly turn one day it's slow and gradual and in the end you think it's maybe you, and you still love them anyway.

Great quote, well said and well encapsulated! So share with us the 'Sword of Damocles'

Quote that I have on my fridge, that I love, because it takes away all the nastiness for me and means I am a valid, loveable human being, not some empty head who doesn't know what love is:

Better to have loved and lost than live with the phsyco for the rest of your life!

Posted on: June 22, 2009 - 10:49am
Anna
Parenting specialist DoppleMe

themusogardener

Write that radio play, perhaps we could put it on the site. :)

Posted on: June 22, 2009 - 10:50am