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The starting point?
 
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[Solved] The starting point?


Posts: 30
Registered
Topic starter
(@diamond72)
Eminent Member
Joined: 13 years ago

My partner is at the beginning of a very long road.
He has two children with his ex wife, he is also a member of the armed forces, although is in the stages of leaving. He is now here permanently and is no longer on any drafts.
Contact has always been based on the time that he has had leave and was amicable enough until the financials started being negotiated. Anytime he questioned anything or wasn't happy with an arrangement she hit him with access reduction. Both parties are now in long term relationships.

The two children have got health issues. The eldest has now been discharged from any medical care after it was founded that there is nothing of concern. His ex wife however wanted more tests done and took every opportunity to have him on medication and tested for things that were really irrelevant. The youngest has not been categorised yet with anything but will attend a special school in sept after she went to incredible lengths to have him assessed as SEN, even though he shows all the signs of great progression in the correct environment. All the statements provided to the health professionals were based on 'the mothers opinion', which you can imagine were negative as she is claiming various benefits on his behalf. She has also gone to great lengths to keep my other half from being involved in anything to do with his schooling and medical assessments.

A proposal for contact was put forward by the mother, which included a reduction in over night stays during the week. She applied to the CSA to 'safe guard' her payments and they infact reduced the amount she is to receive as he was actually paying her more than the norm.
This then in turn reduced the amount of access.

Last week he had the children as was agreed after school, and ended up keeping them overnight, after she failed to respond to concerns he had over her partner. She was given every chance to respond, come round (they live 2 miles apart) but yet she simply called the police and they said he 'had gotten off lightly' as the kids were in bed by this stage and it was in their best interests to stay were they were at that time.
The next morning the children were at school as usual. Agreement had been made for us to collect the eldest boy from school early to go away for the weekend. However, she arrived early and took him away. The school rang and told him that the mother had infact taken the lad out and that they were letting him know. He went round to the house to discover she and the two children gone. The partner told him that an emergency court order had been taken out and he was to have no contact with them and to get off their property.

After talking to solicitors, she was informed to return the eldest boy for his trip, but she failed to respond.

Now a few days later a court order arrived saying he is to have no contact unless agreed in writing by the mother. A hearing is set for Mid August.

The reasons stated are child abduction due to the episode were the kids stayed overnight.

The mother has a history of lies, drama and insisting her kids are ill. The youngest she describes as severely disabled and is continually negative towards his progression. We infact find him just a year or 18 months behind a child of his age and are in the process of doing our own statement to his condition (which has never been determined by anyone).

Where do we start?? His solicitor is all 'well let's just wait and see and let's just go with what she offers' and it is making him crazy. All he wants to do is see his kids and to be a positive influence in their lives 🙁

If he leaves it he won't see his kids for 6 weeks and I know this sounds trivial but for him it is terrible.

I take it he now needs to 'apply' for dates to see the kids in the interim? But what from that, what is needed at the hearing in August, what do we need to do and prove and show??

Any advice would be greatly appreciated.

I myself have a son, am divorced 12 years and my son goes back and forward between me and my ex husband whenever it suits all three of us. This is completely alien to me.


8 Replies
8 Replies
 actd
Registered
(@dadmod4)
Joined: 16 years ago

Illustrious Member
Posts: 11897

Hi and welcome

This is quite complicated, because your partner has a solicitor, we can't ask the CCLC to comment on here, but I would say that your partner needs to be telling his solicitor that he's not prepared to just wait and see what happens - don't forget the solicitor works for him, the solicitor can give advice, but ultimately, your partner can tell the solicitor what he wants to happen (assuming it's legal and possible) and the solicitor's job it to get it done - otherwise, it might be worth changing solicitor.

I wonder about the ex's insistence that the children are ill - it may be to get additional benefits, or there could be something more problematic with her, but I'm not sure what to suggest here.

Anyone else able to help?


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(@diamond72)
Joined: 13 years ago

Eminent Member
Posts: 30

It is pretty much any time we arrange to do something with the kids, they suddenly get ill, like an ear infection, are kept off school and its always touch and go wether we get them or not. Incredibly frustrating but we have kept a diary of these things the last few months and its been proved pretty much every time.
She also complains that when they come back they are exhausted and are cross at her for leaving them!
Infact they are tired out as we have done stuff with them and nothing an early night doesn't solve, and they are out of sorts as they have had to get back into her routine of being housebound 🙁

Everything we do gets turned against us and there is never anything positive said.

The court order turned out to be nothing more than a stipulation not to take the kids out of England or Wales, and that mediation be arranged (both have been for their initial assessment) in regards to further contact. It was far from the total no access she wanted. So that was a good sign.

At the first court hearing what can we expect?


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(@Enyamachaela)
Joined: 13 years ago

Honorable Member
Posts: 539

Hi Diamond

I am assuming your partner has Parental Responsibility. Your partner is entitled to have medical information, education information, the SEN stuff etc.

As actd says, it is quite concerning that she is insisting the children have a "condition". Are Childrens Services involved at all? I ask that because you say health professionals say "in mother's opinion".

Secondly your partner's solicitor is pretty much right , she has already made an Application, you wont get a hearing any earlier if you took out your own action. However, he could ask is solicitor if she will allow interim contact in the meantime. I assume the emergency order is for residence.

The first hearing will be a Directions hearing, it will be a brief hearing when the Judge will order any involvement of other parties, ie. CAFCASS, any reports he wants and for your partner and the ex to file statements. This will be your opportunity to raise your concern about the ex new partner too. You don't say what the concerns are, but has your partner told the solicitor about the concerns?

BTW police are out of order!


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(@diamond72)
Joined: 13 years ago

Eminent Member
Posts: 30

ok so updates.....

So my partner was hit with a Prohibited Steps Order not to take the children to NI. This has now been taken out. He now has the children every other weekend and every Tuesday night. He got the full medical records of the children and is working closely with the youngest pediatrician to determine various issues. It is all going to plan.

However, the solicitors are so so softly softly, they basically do not counteract any of her claims (all false and 'in her opinion') saying there is little point. So the contact of the children has been sorted out, my partner has left the forces and has got a new job and the CSA have been fab in telling him to pay her nothing until he knows exactly what his first wage will be and then backdate her any money owed at £5 a week.
They said he has done everything fairly and the fact she is going after more and more shows she is being greedy.
we nearly died of shock!!

The latest is they are going back to mediation to talk about split of the assets.
She believes she 'needs' 80% of the assets and half his pension due to the childrens' 'special needs'
Therefore the doctors are now becoming very useful. So far we have wiped out several of their 'issues' and she clings on the diagnosis of the youngests autism. Now she has him off the scale, yet when he is with us we get very little drama. Yes, his speech is delayed and to be fair that is about it. We get no tantrums, no 'meltdowns' nothing. Yet with her she is up all night drama after drama.
We have asked for video evidence of these claims. Still waiting.....
However we are concerned that she takes it one step too far, she is almost moulding him into this mindset. She managed to convince the authorities he needed into a special school. My friend who recently spent time with us and works with autistic kids was quite astounded that he attends such a school. She claims quite a high level DLA and Carers Allowance for looking after this child.....the only difference being he is not yet toilet trained and that is because she says he 'cant' due to his autism and she will do it when ready (no sign of that any time soon as the element of care in DLA would be gone!!)
But it all goes on what the mothers opinions are.

With the eldest lad she is wanting him tested for Aspergers Syndrome. Again another form of autism. He is now almost 9 and wants to spend more time with us. He gets twitchy before going back to mum and delays any time in going back 🙁

He attended his first intro mediation last night and told them all that has been occurring and they did look quite concerned but then shockingly said it could look like blackmail!!! In other words my partner will bring this all out to the authorities if she goes after more than what was agreed in the first place, she gets the main family home (100% equity on a £250k house) and he keeps his pension.
But he said no, the authorities know most of this they have failed to act (there has been other issues also that have been reported to social services after advice by the NSPCC), the fact is no one has ever really confronted her with her lies etc and that is exactly what he intends to do.
His point is that she should get what she is 'entitled to', what is fair. Not what she thinks she should have and using the children as a tool to get this with false claims.
That is hardly blackmail.

So we shall see.....

Has anyone else had any experience of a mother telling lies about the children to either restrict access or gain more money?
I would love to know how it was counteracted.
The solicitors do not seem to want to even mention anything even though she in her solicitors letters writes absolute untruths and things that are in her opinion but stated as facts.

Oh and we are having a baby.....
shhhhhhhhh....
we arent telling yet.
Secret squirrels.


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 actd
Registered
(@dadmod4)
Joined: 16 years ago

Illustrious Member
Posts: 11897

Has anyone else had any experience of a mother telling lies about the children to either restrict access or gain more money?

That account for the large bulk of the content of this forum. I'm afraid. 🙁


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(@diamond72)
Joined: 13 years ago

Eminent Member
Posts: 30

Another update and some encouragement for those also still battling.

We contacted the NSPCC after we got nowhere with being nice and asking advice from certain groups. National Autism Society etc were useless at simply saying what everyone else knew.
So we wrote an email describing all our concerns, we named all names, got details of all doctors involved and the NSPCC were fab. They referred to Children's Services and not long after, social services got in touch.

So far they have been excellent, my partner had a home visit where they listened (properly) and by the end said they would do all they could to make sure they got to the bottom of what was going on. The boys mum had depicted two very very different children and they seen the children there and said they seememd very clingy to her etc.

After an incident at the elder boys school were he had a small fall, was all fine, when mum turned up said child went hysterical, crying in agony, to the point an ambulance was called. The school seen the whole affair and when my partner asked what had happened and explained the social services angle, they referred the incident to the social worker.

Now clinical psychologist appointments are made. Things ahave started to move now that there is a referral from the school. Anyone we now speak to is listening up.

In return the mother of the boys has gone quiet, strangely now, there is no more solicitors letters, its a simple, take me to court.

With pleasure.

So people, do what we have done, put your faith in the system, tell the truth, and ALWAYS HAVE THE CHILDS BEST INTERESTS AT HEART. Do not go for petty sniping, record EVERYTHING, keep a diary.
For us even CAFCASS have been ok, and remember even social workers are human....i just hope the ones we have had so far haven't been one-offs!

Its been a tough year so far but we are winning the war.


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(@eric14)
Joined: 14 years ago

Honorable Member
Posts: 386

good to read their has been some positive progress,

sadly a good social worker is worth their weight in gold they are rare but I a glad that you have found a good one.... I am battling one who believes because I raise concerns that my ex and her boyfriend fight in front of the children she has said it's my fault for not allowing her t get on with her new relationship ! honestly you would have to read it to believe it and even then I can't understand how a person of such authority can write such BS

you situation sounds a little complex being tied with the financial settlement
I am pleased to read clinical psychologist reports have been requested I feel this is a real positive for you both and the determining the future health of the boys and their needs etc

best of luck hope all is going well with your pregnancy and this is not too stressful for you


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(@diamond72)
Joined: 13 years ago

Eminent Member
Posts: 30

yeah its been a crazy year, but also a case of 'let her waffle on and sink herself'.
Our main worry though is how it is effecting the boys. It takes them 24 hours to get back to the programme of were we are at, the rules we have and the fact we do not pander to them the way mum does. Once this happens they are a dream, we can take them anywhere.

Mum still claims both are very 'difficult' due to their 'autism' and she is slowly sinking herself as this now must be witnessed.

What swung it for us was the fact that as a child with autism, before they would travel or go to new places they need a great deal of reassurance especially for flights etc. Now we knew they would be fine but when we informed the school a week before they were due to fly the school were quiet taken aback (one of the boys is enrolled at a special school as he has 'complex learning difficulties').
Now there were two notional ideas here....with mum not letting the school know, she either hoped the kids would freak out and melt down and my partner fall flat on his face, or she knows rightly they they are nowhere near as bad as she makes out! neither of these are a 'good option'.

needless to stay both boys were absolutely fine and we had a fab holiday.....

Go figure....

slow and stead wins the race....


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