Guest viewing is limited

Status quo delay tactics

Iain4444

New member
Member
Hi all - firstly thanks to everyone who offers help on here, i cant even put into words how supportive this forum has been and continues to be.

Advice i need:

I’ve been trying to secure a 50/50 care arrangement for my 2.2-year-old son for 7 months now, ever since my ex moved out with him and limited my access seven months ago. I’m stressed 24/7, not sleeping, and struggling to think clearly. I’m doing everything I can to prioritise my son’s best interests, but the process feels broken, like it encourages game-playing rather than cooperation.

Here’s what’s happened so far:

• January: We had our first mediation session before my son moved out, but my ex focused mostly on financial issues (she wanted a deposit back from our rental, even though we weren’t married). We didn’t even get to discussing a care schedule for our son. We agreed to reconvene, hoping to work things out.

• February: One day after my ex moved out with our son, we managed to reconvene, the timing left me feeling blindsided and frustrated that we didn’t have any agreed schedule. We met again in mediation and, despite the tension, agreed on a temporary schedule of 1-2 overnights a week. However, we didn’t set any timeframe for this to change or a clear plan for the future. The mediator said we should reconvene in a few weeks to address this. My ex agreed to this in the room, but in the days that followed, she refused to meet again.

• April: I gave it a few months to show goodwill, but when I requested mediation again, my ex refused outright. I’d been having my son for tea times on a monday evening, these were taken away after my request. At this time i also suggested dropping down to a four-day workweek so I could have Wednesdays with my son. She agreed to alternating Wednesdays, but start dates kept getting pushed back and as of September have not gone ahead.
• June: After months of back-and-forth solicitor letters and no real progress, I had to threaten court action. Only then did we finally have a third mediation session in August. It ended up being completely pointless. Nothing concrete was agreed, and the mediator hinted that court might be our only option at this point.
• August: Following this session, my ex quickly followed up with proposals starting alternating Wednesdays and increasing my overnights from 6 to 8 a month. My solicitor advised accepting this to set a precedent for overnight stays, with a view to applying for court later on if necessary. However, this increase feels very minimal to me and not in line with either what my son is capable of and or in his best interests. I want to move from singular overnights to consecutive overnights in sets of two as i feel this will give him more stability. Also, i feel that this is a more typical approach, one that a court might suggest.

I’m really worried about the ‘status quo’ argument, especially since my son is so young, and I don’t want this interim arrangement to become permanent just because it’s gone on for too long. I feel like I’m stuck in a system that forces you to play along with delay tactics, and it’s driving me to the edge. So i want to go back and ask for wednesdays and 12 overnights a month.

Has anyone else been through something like this? Should I keep pushing for more outside of court, or is it time to file an application? How do you manage the constant stress and anxiety of feeling like time is slipping away when all you want is what’s best for your child?

I have a new partner and my obsession with getting this right is causing problems, she finds it hard to understand that i am so afraid of a system stacked against me.
 
Hi

I think you may get different views on this but with what you've described I'm inclined to agree with your solicitor. Take what's on offer but also proceed with the court application and aim for 50 /50.

Is there anything your ex Is likely to accuse you off if you do start court proceedings.
 
Thanks Roblox

No safeguarding issues. I think that she may try and twist the nesting agreement we had after my son turned 1. We split the week half and half, so i would vacate our flat and stay with my brother. My days were minday tuesday wednesday morning and then alternating weekends. We did this because we were at each others throats constantly not because i didnt want to take care of my son. She would refuse to leave though and since has tried to make it sound like i was an absent father stating ‘you left but have now decided to come back into Xs life’.

I had some poor mental health when i was made redundant last year but nothing bad and was in therapy so can provide a letter to clarify no dangerous issues. She has raised this a few times in passing as a bit of a veiled threat. The irony is that the undue stress was that i had no income but still was covering most of our bills despite her being back at work after a year of maternity leave.
 
I think what my solicitor has said is that i need to take what is on offer but that i’d have to then wait a few months before submitting a court application.

My ex would likely retract her offer of increases if i stated i was going to proceed with court. This is what has been with wednesdays which were agreed back in april. She has been refusing to let them go ahead until i agree to stop asking for a forward plan.
 
I have a new partner and my obsession with getting this right is causing problems, she finds it hard to understand that i am so afraid of a system stacked against me.
Your child comes first. She'll have to get with the programme or move on. She knew you were a dad so wasn't going to be plain sailing all the time.
I have first hand experience of this as I'm with a dad of 2.
Years into the madness but I love my partner and his kids. Of course I wish it was different but I knew there may be agro getting involved with a dad. Not quite as much as there's been but hey ho.
 
Your child comes first. She'll have to get with the programme or move on. She knew you were a dad so wasn't going to be plain sailing all the time.
I have first hand experience of this as I'm with a dad of 2.
Years into the madness but I love my partner and his kids. Of course I wish it was different but I knew there may be agro getting involved with a dad. Not quite as much as there's been but hey ho.
Thank you!
 
In terms of sleep and stress management, I would recommend you get in touch with your GP and look into self-help resources. I know it can be frustrating, but try to see it as a process and a marathon rather than a sprint. The calmer and more rational you are, the better you will appear when it comes to court.

I have personally found that (prescribed) low-dose anti-depressants help to me to sleep, and CBT/stoicism have helped me to keep level headed. Good luck!
 
Don’t ever be discouraged. Mental health is for the court to decide. Moreover mental health awareness has drastically changed in the past decade or 2. There are lots of new mental health legislation which protects people experiencing mental health issues. Seeking therapy and acceptance of support is the key. Never accept bullying tactics from the ex. The courts are only concerned about what’s in the best interest of the children. So stay focused on that. Do not attack the ex. just show how reasonable you are as a father. Accept the offer and build yourself for a few months and then if she doesn’t keep to her word, seek help from the courts.
 
Back
Top