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[Solved] Advice


Posts: 2
Registered
Topic starter
(@Kevin123)
Active Member
Joined: 12 years ago

Hi,
I suppose I am here really to get some opinions thoughts etc.

I have been separated from my ex for nearly four years, we were not married but my name is on the birth certificate of our daughter, I pay quite a bit over what the c.s.a calculator said I should, which as my name is still on the mortgage for the house we bought together I dont have a problem with, of course this causes my own situation to be not ideal, I have had to move in with my elderly parents who thankfully do not have a problem with the arrangement.

My ex and I split up due to in the eyes of the law me assaulting her tenuous at best, although with hindsight I feel it was a manipulated situation, I wont go into detail just now, but I was charged with assault by the Police was given a six month suspended sentence then admonished.

Shortly after our separation my ex announced that she and our daughter were going on holiday to Australia it was all booked and could not be changed without incurring a hefty loss, she said we will be away for 3 months.
I was shocked and all sorts of thoughts flooded my mind, she has a brother over there who is fairly well off, they were away over Christmas and new year an this period took in our daughters birthday, on their return I was told I had to pay for a belated birthday party for our daughter as she could not afford it, which I did.

Thing have rolled on and on with this sort of inconsiderate behavior being a regular feature from her, earlier this summer she announced that she was going on a 2 week holiday to Europe to visit another brother it is all booked, this of course takes in a weekend that our daughter is scheduled to spend with me, this is a fortnightly arrangement, which we sorted out ourselves.

On return from this holiday I was told our daughter would not be spending the next scheduled weekend with me as she has a party to go to, I said well I will take her, I was told no as it was a party for one of her friends kids and they were going to spend the weekend there.

On my next scheduled weekend I was told again I could not see our daughter as her brother from Europe was visiting and they had arrangements to go somewhere, at this I did kick off a little and a text argument ensued, and it was quoted at me "why is it always about you".
I said okay I will go and see a lawyer and we will get this all sorted out once and for all, of course the attitude changed completely and normal arrangements resumed.

A couple of weeks ago our daughter said we are moving house, now I thought that this was just child fancifulness, but she repeated the same to her Grandmother and Grandfather, two of my ex partners friends live in this town where she said they were moving to, one moving there recently with her husband and kids and which is quite a distance from the City we currently live in, they are all very close, so I originally thought we she misses them and is fantasizing a little.

Our daughter has spent this weekend with me and all went great until this morning when she refused to do anything she was asked
to do even refusing to get dressed and clean her teeth, so a little stand off occurred, I lost my temper a little and after some tears and tantrum, we got it sorted out.

M y ex arrived to pick her up a little later and off she went hugs all round etc, a little later I sent a text to my ex raising the subject of our daughters behavior, she responded with yes and your behavior is not needed and she went ob to claim the moral high ground, which I pointed out and said oh it must be great to be so perfect and as you are that so perfect being maybe you can tell me when it is you are planning on moving to where your friends are living and when if at all are you going to discuss this with me, she replied we are moving next year, I have responded with "well we shall see about that".

To give a greater insight into the personality of my ex the last few Christmas"s I have been allocated the role of paying for the most expensive present for our daughter (latest gadgets i pad etc) only to find out later that she was not told they were from her father but from Santa and all the rest of the presents are from her, of course my daughter asks what did you get me for Christmas dad, I respond ask your mum.

Okay so there is the situation, I would like if possible to know can my ex take my daughter away from her city of residence which would cause me all sorts of difficulties in picking her up dropping her off, I dont drive so public transport is used mostly.

Obviously the house we bought together would be sold and as I have contributed to the mortgage since the split I would expect something from the sale price, I dont really see any way of not involving lawyers, no offence to anyone but I can just see the pounds rolling away in to their pockets, also all the animosity these things cause just makes me shudder.
I think that my ex is depending on my normal Mr Reasonable no hassle attitude to get own way with this.

I hope I have not bored the living whats it out of any of the readers of this, oh and by the way we are in Scotland, so Scots Law would apply in any legal proceedings.

Thanks for reading.

Kind Regards

Kev J

1 Reply
1 Reply
 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

Hi

Before you get a solicitor, I'd have a word with the Scottish Child Law Centre - www.sclc.org - and get some advice. If you ex is moving for a reason other than to deny you contact, then generally there isn't a great deal you can do, assuming she's not moving out of Scotland (ie to another country). Take a look at the sticky topics and youtube links at the top of the legal eagle section as this is an alternative to using a lawyer, but also you need to consider mediation to see if there is any way you can come to a compromise.

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