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[Solved] Help with rights


Posts: 10
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Topic starter
(@dillon)
Active Member
Joined: 14 years ago

HI
just wondered if anyone could help short background split with partner last November just before sons first birthday things been going ok we have a few dramas along the way but on the whole its been ok i have moved in with parents since split i have son 2 nights aweek for tea as my mother looks after him as we both work full time i have him to sleep everyother Wednesday and every other weekend seems to work ok best of a [censored] situation.
Today i had a text from her saying she dosent want our son to be left alone with her sister or brother who she dosent speak to because she dosent trust them they adore our little boy and shes just really angry with them and I feel using our son to get to them.
Little background on her family situation
She has no contact with her real dad brought up from age of 2 by stepdad (and also her brother) mother had 4 more children with step dad
(very well off guy)
leap forward to 2 years ago Exs mum leaves stepdad for a guy same age as her son caused big family rift bitter divorce mother dosent speak to one of her daughters nor my exs brother has they stood by father even thou hes not the brothers blood father ex turned back on stepdad the day her mum left they really have serious issues and to much money to indulge these ways Last week exs brother had his little baby christened and my ex and her mother were not invited and since then the feuding as started again hence the text about them not seeing our little boy who loves his aunty very much i am still on good terms with everyone and want the the littke lad to have contact with his aunty and uncles i have agreed not to let the step father see him against my will but i thought that was her call to make but it as made things awkard for me I feel really sorry and angry that our little boy is being used in this way i worry how he is going to grow up withall this going on around him she text me later today saying that she has spoken to people and they agree that i should respect her wishes and not let them seem our son and shes going to a solicitor to see what her rights are can she stop me letting them see his aunty and uncle
Few more facts
i pay half the boys nursery fees each mth over £300 (even thou i cant afford it ) she just said he was going 3 days a week an that was that she as a good job so not an issue for her to pay her half also she gets help i also pay £80 a mth maitanance im self employed and work is slow so its a real struggle
To be honest im tired of all the feuding she is so used ti=o getting her own way and she wont listen to what anyone as to say you cant reason with the girl
she had a new guy as soon as we split he is going through a divorce and has 3 small boys i really worry for my lad i have been brought up in a stable home with loving parents and find all this too much for my son
HELP

9 Replies
9 Replies
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(@papa John)
Joined: 13 years ago

New Member
Posts: 2

Hey Dillon not quite sure what your asking? but I do connect with your anguish. the law says if the father is present for registration of a child and named on the certificate,then he has parental responsibilities equal to that of the mother married or not.(google law on parental responsibilities).

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(@papa John)
Joined: 13 years ago

New Member
Posts: 2

Hi Dillon. Just thought i'd say, the drama's people go through in life are what makes them stronger we are after all still on a journey of discovery from what you say sounds like you have a gift the gift of compassion through contemplation. Try not to take on board to much let the natural course off events unravel and just be there for your son he is still young and will always have you and you side of family to learn family values from

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 actd
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(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

Hi Dillion

I'm afraid I'm with PJ above - are there specific problems you need help with? If not, then no problem just airing your concerns here - we're here for that as well 🙂

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(@dillon)
Joined: 14 years ago

Active Member
Posts: 10

Hi
Sorry i didnt make myself clear i was asking does she have the right to stop me from letting her sisters see my son they have done nothing and i dont think its fair to him to not see them they adore him.Cant belive im fighting for her side of family thats how mixed up they are

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(@Filmmaker_1970)
Joined: 15 years ago

Honorable Member
Posts: 458

No she can't tell you who your son can and can't see. When he's with you it's entirely your decision.

However without a contact order in place, she can determine the level of contact you have with your son. So if she doesn't like who you socialise with, I would suspect that she may threaten to stop or reduce contact.

If she does that go straight to court and make an application for a contact order. The court will probably expect you to try mediation, but it's often more secure to attend court ordered mediation as you can ask for any agreement to go back to the court and be enshrined in an enforceable court order.

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(@dillon)
Joined: 14 years ago

Active Member
Posts: 10

OK Thank you shes been ok with contact because i think because her partner as children it works well for her to let me have him every other weekend but its good to know what i need to do if things do get tricky. One thing I would like to know is would it go in my favour that i pay half his Nursery fees and also pay maintanance on top of that

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(@Filmmaker_1970)
Joined: 15 years ago

Honorable Member
Posts: 458

Maintenence and contact are viewed as two seperate issues.

The current CSA guidelines state that you should be paying 15% of your net wage with a 1/7 reduction for every night your son spends with you in the week. The new terms coming in later this year are 12% of your gross wage, but the 1/7 rule applies.

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(@dillon)
Joined: 14 years ago

Active Member
Posts: 10

OH DEAR i spoke to soon shes kicked right off this weekend my weekend with the little lad all well until i said i couldnt drive to meet her so could she pick him up from my home as usual which she did shes said to my mum she didnt want to see me my mother really dosent want to hear this or be involved she then text her saying that she as always let me have the boy when ever i wanted but if i cant respect her she wont let me this was all in a text to my mum well I have now had enough she harping on about her stepdad not seeing the boy and she s going to take me to court then see how often i see him this is all over a man my son as never met never going to meet but she just cant or wont believe this i myself have had enough and want something in writing i cant live with the threat of her using the lad for the next few years This is what has happened over the last 10mths since split
he sleeps every other weekend and one night in week every other week as tea with me 3 nights a week thats about an hour each tim i pay her about £430 a mth nursery fees and maitanance
She has said today i would never be allowed that much acsess through a court (i know that may be true)
The lad wouldnt be able to sleep because my mums house over crowded there are 5 living here since i moved back my brothers share a room and i sleep onsofa bed downstairs when lad sleeps so he has own room
Please can you tell me if this as been acceptable for her since last November would a court accept that it isnt now
Also i really do want to ge ta letter to her I think she feels she can threaten me with this for the next 16 i want something in writing i cant live like this what is the first step i take (I am registered on birth cert)

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Registered
(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Hi Dillon,
I support my son who was granted residency of his 5yr old a year ago. I'm no expert, I just have experience of a similar situation.
The first thing my son had to do was go for mediation, which is where both parents sit down with a trained family mediator and try and come to an agreement about contact and resolve any issues. This is like a contract that both parties sign. Thats the first step, if this doesn't work out then the next step is to ask the courts to help reach a more legally binding agreement...It entails both parents being visited at home (at least in my sons case) and being assessed. We had CAFCASS involvement and reports done by the Social Services and Police. I dont know if this is the usual court process, but I'm sure there are legal experts here that can advise you on what to expect.
The best thing you can do right now is start a diary and keep a record of everything that is said and done, keep all texts, and log all telephone calls and make a transcript of the conversations. Keep your cool whenever you are dealing with what appears to be,unreasonable professionals. Some of them seem almost bias towards the mother, again this is only our personal experience and it might not be the norm. Rise above it at all times, its never whats best for either parent but what is best for the child.
Good luck Dillon.

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