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Family Court Strategies: When Your Partner Has BPD OR NPD Traits. Practicing lawyer, Senior Family Mediator, and former Licensed Clinical Social Worker with twelve years’ experience and an expert on navigating the Family Court process.
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Author Topic: Can anyone help with UK family law please?  (Read 426 times)
thehippy

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Gender: Male
What is your sexual orientation: Straight
Relationship status: single since 12/3/13 have eldest child with me.
Posts: 9



« on: April 24, 2013, 09:52:43 AM »

Hi, I have just left my uBPD partner and have one of my children with me.

My eldest daughter (10) asked me to leave a while back and take her with me to get away from her mothers abuse, rages, emotional blackmail, constant criticism etc.

following one such rage session we ended up not going back and are now staying with friends in a safe space. My youngest D (4) is still with her mother

I didn't have Parental Responsibility for my eldest because we were never married and she was born in 2002. I took some advice and as my ex was being very awkward about signing PR for me was advised to issue a C1 through the courts. I told my ex of the plan and hey presto she agreed to sign PR.

I think from what I can gather though, my ex is trying to go legal to get my eldest back though, it's hard to tell with her what she is doing :s

My eldest is refusing point blank to see or speak to her mother and I'm getting no end of flack for this, constantly being told (and telling others) that I am refusing access. This isn't true, but I will not force my daughter to see anyone.

Any help or suggestions would be very welcome please... .
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ForeverDad
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Gender: Male
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: separated 2005 then divorced
Posts: 18236


You can't reason with the Voice of Unreason...


« Reply #1 on: April 24, 2013, 10:17:55 AM »

There are some here who are in your country.  My suggestion would be to start your children in counseling.  When courts hears claims of blocking, they often set visitation orders for children who aren't older teens.  If and when that happens, it would be good to have a perceptive and informed professional there to tell any evaluators what the long term situation is, not a quick snapshot where the disordered parent slaps on a quick mask of concern and caring for show.

I agree, it's not good to leave a child behind.  Another way to say the same thing but phase it more politely for 'courtspeak' is that you don't want the children separated.

In come cases the pwBPD actually wants to split the children.  That is sometimes mentioned here when the pwBPD blacklists one child (often the older one who is setting boundaries and age-appropriate growing independence) but views the other child (often the younger compliant one) as golden.
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Whichwayisup
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Posts: 113


« Reply #2 on: April 25, 2013, 05:17:55 AM »

Hi theHippy

I'm three weeks into my UK based nightmare and I got quite spooked by other websites that provide information for separated dads, it seems that everything is stacked in the mothers favour no matter how badly she emotionally abuses the kids (so long as she doesn't physically abuse them there's apparently no issue in UK courts). I have read the tribulations of men who have had to sign the mortgage over the pwBPD simply as there was a young child involved. I will PM you some links as I'm not sure if can publish them - be warned that this isn't meant to freak you out, but give you a realistic overview.  Even my solicitor/L has advised that it's very unlikely I would get custody and shared parenting is due to become legal in the next month or two.  (It was supposed to come into effect from 1st April along with legal aid entitlement changes but has been slightly delayed.  I pushed for 50/50, got effectively 10% the first week and 30% 2nd, leading to about 80% during the last 7 days - I'm saying take whatever you can and build on it if it means you aren’t being shut out... .  

You should be justifiably proud of your D10 for being confident to take such a stance, I am amazed at the resilience that my kids have shown, they are adaptable.

I was however on the other end of S15 who didn't want to stay overnight with me for the first two weeks - this is heart-breaking so I suggested that we meet in Fast food restaurants and coffee shops for a catch up as a means to maintain contact, you need to maintain dignity and respect for the kids (not necesarily her) but also demonstrate that you are reasonable as these patterns will ultimately become evident when she is playing her games - I'm not suggesting that you force your daughter to meet, but whatever the pwBPD has doesn’t, she is still a mother, just as you are father to D4.

I decided not to force too hard on the matter, and this has resulted in my S15 staying with me from Monday afternoon until the morning - (granted this is in response to his mum's nightshifts but I have been able to build a lot - perhaps just having this time allows small changes to be made - re-enforcing to the children that we talk instead of yell, we can control our own responses rather than lashing out etc (whatever works for you - the important thing is to have time with them (even if she is present, that's better than nothing but don't ever be alone with her!)

I'm learning that there's a long way to go, and it sounds like you have already made tremendous progress, give yourself a pat on the back for your efforts so far, you have been a great example to your children.  As you are now aare, they are the only weapon pwBPD has to use against you now... .  document everything and jot down behaviours as they come to yuor mind - you may well have to refer to these in the future - "our normal" was simply not normal... .  
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Gettingthere
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Gender: Female
What is your sexual orientation: Straight
Posts: 428



« Reply #3 on: April 25, 2013, 08:52:45 AM »

Hi there, sorry I couldn't get to this yesterday.

I too am grappling with the uk system. A couple of points spring to mind. Please excuse the format, I'm just pushed for time right now

1. The generally courts are unwilling to move children if settled. This is a double edged sword for you... .  the longer dd10 with you, the less likely she will be told to move back with mum... .  but ditto dd4. Courts don't like splitting siblings, but if its already happened they are reluctant to change the status quo.

2. I'm glad you've got PR now as this gives you a stronger legal standing. In terms of the legal route, if you ex is pushing this, it's most likely more favourable for you anyway. In your position I would ask for the judge to order a section 7 "wishes and feelings report" on both children. This is done via cafcass; these are either social work or probation background and vary greatly in their capabilities. I thinks the closest equivalent people talk about on here is the custody evaluator. This has to be court ordered. The system can't cope with the pressure. It's usual to wait 12/16 weeks to be appointed a cafcass officer. Mine rang for a telephone interview the day before court! You have to be persistent and not allow yourself to be fobbed off. It took another 5 month to actually see and speak to the children( which they will do at school rather than their office if you request it, and I personally would advise if any hint that you are alienating the children, I did).

3. This is an extremely lengthy process. I am still mid courts nearly two years down the line. If dd10 needs council long find out what local resources there are try school nurse they usually know. Make sure sch are kept up to date with what is going on, supportive well written head teacher letters are very useful. Eg in my case saying i attended parent evenings, signed homework diaries, attend assemblies despite working and they never met dad. Is dd4 in reception yet?

Ensure you attend sch functions for dd4 although she doesn't live withyou.

4. What visiting arrangements with both parents are in place at the moment?... .  remember the court process is long and the courts will be reluctant to change what's already been happening for the past few months

5. You have to be seen to be doing your upmost to facilitate contact with dd10 and mum. Unfortunately dd10 is in that grey area same as my son whereby if they do something illegal the courts will hold them to account as they are considered old enough to know right for wrong, but not old enough to decide that they no longer wish to have contact with a parent! It is a horrible position to be in, I feel for you. Cafcass have told me repeatedly that the children need to learn to trust dad ( having been assaulted by him). When I said " can I clarify you are telling me to encourage them to trust an untrustworthy person" they went silent! Why doesn't dd10 want to see mum? Courts will expect at least ongoing indirect contact ie letters,cards... .  ditto from mum

6. The longer this goes on the more likely you are at looking at supervised contact in a contact centre for re introduction to dd4, so if you are able to get an informal arrangement going now, do it! It will be hard for mum to manipulate a longstanding pattern.

7. I'm unsure ofyourcircumstances, but if there's any hint of mum being abusive towards either child ring social services and get it logged... .  unfortunately not a lot else will happen with it but your concerns will be on file and accessed by cafcass once section 7 ordered.

8. Read the pbooks splitting and divorce poison mentioned on this site

Sorry I've got to run now but will try and come back tonight to post, if you have questions In meantime add them to this thread. I've only recently come to realise what people mean on here when they say this is a marathon not a sprint, it really is. Get some support for yourself and focus on making your r.ship with both children as strong as poss. You CAN do this.

Doing the right thing (click to insert in post)
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Gettingthere
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Posts: 428



« Reply #4 on: April 25, 2013, 04:28:45 PM »

Hello again.

Just re read my post, so sorry if it comes across abruptly.  Have you spoken to a solicitor since getting PR? Have you considered applying for residency orders... .  and if mum objects that would trigger a section 7 anyway. In the meantime, try and keep normal routines going eg if you drop both children at sch usually or whatever. Aim for frequent contact with dd4, certainly because of her age, and as i said before that will become the minimum you start from in court... .  so if you see or speak to her daily, great. Again, you need to be seen to be facilitating visitation with mum, but also to keep the sibling bond... .  unfortunately it may well be argued that you split the children up! So it's important that you are actively taking steps to foster their relationship. Initially it really feels at times that things are stacked against you, but ultimately you know you are acting in your childrens best interests, you must hold on to that. A pwBPD can't keep up the pretence forever, and eventually their true colours shine through, but it tends to be a long slog, so surround yourself with good support ( in addition to here, as of course we will be rooting for you).

Thing of you

GT 

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