Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Background:
I have a 14 month old son with the ex, I'm not on the birth certificate and don't have PR (the latter being her choice). We split before his birth but through the troubles (which we have both contributed towards) she has allowed me to see him once a month (due to my work commitments, travel costs and the round trip of 400 miles) with her cancelling three times due to she and I arguing. We don't have any agreements in writing. There have been no allegations of DV, abuse, threats or suggestions of harm towards her or our child and neither will any be substantiated.
Due to the third instance plus her repeatedly ignoring my requests to ask how he is I took the step of writing the 'letter before court action' to her. After this I asked if I could see him this month to which she then agreed. After she postponed the first date she offered (to which I expressed my flexibility and understanding) she confirmed another recent date and I attended her home as per the instructions.
She allowed me to believe I would be seeing my son and her text the previous day clearly implied he would be there but instead I was met by her and one of her friends who I had not met before and was not introduced to.
She proceeded to tell me the meeting was for her to ask why I'd sent the letter and whether I was genuinely intending to take her to court for contact with my son. She also stated her friend's presence was so she could makes notes of what was said (likely more about what I said rather than what she did).
She also stated I would not be seeing our son that day. I had previously assured her I would never go to court, this was on the basis of her never denying me contact.
Her legal knowledge far surpasses mine: she is an experienced law student, I know little-to-nothing about the law. I do not believe she would specifically lie about me however given the underhanded method she used to get me to attended that day indicates I will have to tread carefully.
Apologies if none of the above is relevant but I wanted to give some sort of context.
Anyway my question is this: can what her friend wrote be used against me in any way? In hindsight perhaps I should not have said anything. This friend is not an official mediator, social worker etc, in fact I believe she works at a supermarket. In my view she is not in any way impartial or independent, I did not see anything she wrote (although I could see her making notes) and neither did I sign anything. Also I believe the chances of them alleging I was violent, threatening or abusive etc are between extremely low and non-existent.
Hi and welcome
Sorry to hear you haven't been able to have regular contact with your son.
To answer your question, no it wouldn't really stand up as evidence of any sort.
Mediation might be a good option to try at this stage although the distance between your homes would make attempting this option quite tricky.
Try to avoid court if you can, it should always be the last option but if it becomes your only option, attempting mediation is mandatory before making an application to court and you will have to get a mediator to stamp your forms. You can possibly claim exemption due to the distance.
If you do apply to court you will need a C100 and a C1 for PR.
Plenty of our dads self rep and it isn't as daunting as it seems, have a look through our stickies at the top of this section for some guidance on the process and feel free to ask questions and we will try to help.
Have you sought mediation yet? If not you will need to before you can apply to court.
My own personal opinion on this is you need to be extremely cautious now, it could’ve been set up to get you wound up and try and get you to react to something, or it could’ve been just to scare you in to her submission showing she has control over you still….showing that she knows the law and you won’t get anywhere.
No matter what her reasons you need to start a recording if she pulls that stunt on you again. If you find yourself in that situation again, tell her that you are going to record this just as she is doing with notes to ensure you too have a copy of what has been said.
If you haven’t already start a diary of events, make notes of what happened, when and what was said etc…
If you have agreed days in writing and then she backs out of them get it in writing and or make notes as soon as it occurs.
The sooner you make notes the fresher they are in your head and will make a picture up to show the courts should you choose that route.
You mention you don’t think she’d go down the DV or abuse routes as there hasn’t been any……well you really should read some of the other posts in this forum……i, like so many here also never thought my ex would go down that route…..until she did when she got the court papers through from me! Then all [censored] broke loose, all manner of false accusations were then made at me, all false and all easy enough to prove false but took some time to do that.
Got to mention when replying to her texts in a non-abusive or threatening manner she then claims harassment! Watch out for that one….the police even though saw she being unreasonable and could see the non-harassing nature of messages they still gave me a verbal warning that is then on my record! And that sh*t sticks trust me!!!
Regardless of how much proof you have unless you get a copper who sees through it you then get that thrown at you in court and then need police disclosure to prove you’re not! Then and only then when you can prove it you can go to the police and discuss it with them but they’ll not take it off record!
Thanks for the advice both, I didn't really think the notes her friend made would carry much weight but I just wanted to be sure. Giving all due credit this person is clearly a good friend to the ex however during the at-times heated conversation I could see she was doing her best to be objective and neutral, quite a few times she could have chipped in with emphasis to back up things the ex was saying but didn't, often simply saying things like "you both need to find a way to work together on this" which felt genuine as opposed to some kind of attempt at lulling me in to a false sense of security to get me to say or admit things.
With regards to allegations of DV although you always have to be aware of the possibility, to the ex's credit (and bearing in mind how some of her behaviour and methods in all this have shocked me) I can't say I think she'd stoop as low as that. As she hopes for a career in law any such allegations would be completely false and untrue so lying like that in court runs the risk of prosecution and even just a slap on the wrist (or merely having it recorded officially) would kill off her career even before it starts. So her law background is a doubled-edged sword, it may give her much more experience and knowledge of these situations than I but it does mean she is forced to work within the law.
As for mediation it's something I'm aware of and have looked in to in great depth however before I go down that route I still have one or two other ideas I want to try first. If it turns out to be my only option then I want to have exhausted all possible alternatives, I really really don't want to put her or myself through the whole process, it won't be pleasant for either of us and more importantly neither will it be for our son.
The distance involved certainly doesn't help but if I'm required to travel to reach a resolution with her then there's simply no question: I'll do it.
Just as an update I've since been to the initial mediation meeting, I was surprised to find out I do actually qualify for legal aid for use with them which was positive.
I explained all the above to the mediator and she quite rightly reminded me it wasn't really for her to comment on incidents like that however she did say she'd be very surprised if anything written was even brought up in any potential court action.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.