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Wife said she would make me suffer if I refused to give her a second child. Now divorcing me and refusing 50/50 custody of son aged 4.

PalW30

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My wife (33) and myself (35) have been married for 6 years together for 11. We have one son (4).

After my sons birth my wife struggled with postnatal depression. Working full time and my wife needing me to do all newborn duties after work and through the nights cause she wasn't coping I really struggled and became suicidal. After 2 years it got easier and my bond with my son is incredibly strong and I was accustomed to doing the majority of his care. My wife started telling friends and family how we would start trying for our second and I told her I didn't want a second child as I felt it would be too much. She told me she would give me a year to change my mind. A year came and went and she started mentioning a second baby again which I told her I still didn't want another. I told her how I was suicidal during the first couple of years and she told me I was trying to "play a trump card" getting out of a second child. Things became heated and she told me how we had discussed before marriage we would have two children and if I denied her the right of having more she would make sure I would suffer as I'm making her "grieve the loss of a child she will never have".

A few months down the line of me not agreeing to more children, she told me she wants a divorce as she will find someone to have more kids with. I accepted her decision and told her she could have the house and we can do 50/50 custody. Soon after this I received a solicitor email for a minute of agreement towards the house and terms of me moving out. I told her I would prefer to have custody agreed first. She told me I'd have to hire a solicitor to talk to her solicitor about custody. I hired a solicitor and had an email sent out with the proposed schedule of 50/50. I received an email back from her solicitor stating my wife did not agree to 50/50 as it was not in the best interest of the child as she is primary care giver and the reason for the divorce was due to me struggling to be a parent to our son. I was absolutely blind sided and enraged and regrettably texted her saying if she's not giving me 50/50 then I'm not selling her the house. She told me how that's blackmail and will now go for a court order to get the house as she feels threatened and is a victim of domestic abuse. I am terrified and I don't want to make my life worse ending up with thousands in legal fees fighting lies.

I don't know what to do. I'm scared to move around the house or be near her with no one else around if she's looking at lying about domestic abuse to get what she wants in the end.
 
Hi. Really sorry to hear this. I'm guessing you're in Scotland as you mentioned a minute of agreement. Are you still in the house? Usual advice is don't move out without a child arrangements order in place first. An ex with a solicitor will treat you like dirt and unfortunately society sees Mothers as the "main parent". Unless you have a court order.

It sounds like you are in the same house. Try and have separate living areas. Keep diary notes/records of anything that is said or anything that happens - but make sure they can't be seen/read.

Change all your passwords and passcodes now - phone, computer, everything.

Yes an ex usually wants house, kids, money and get rid of you. I believe in Scotland you still have to have tried mediation before applying to court, so you could set the ball rolling with mediation over child arrangements (not finances).

The other standard thing is an ex will not want to agree child arrangements and will want finances sorted first. Whereas a Dad usually needs child arrangements sorted first so they can move out without fear of losing their child. Once you move out she has all the power.

And yes obviously you're worried she might make allegations, so that's why you keep diary notes - privately. And avoid getting into any arguments.

I think you can set up mediation without a solicitor but you may need a solicitor at some point, and unfortunately, if she's not going to be reasonable and agree things, then you may need to spend money on legal fees to secure an order for your child.

As things are slightly different in Scotland I suggest you contact Shared Parenting Scotland (link below). I think this is what used to be Families need Fathers Scotland. They have a number of resources on their web page and I think have monthly meetings for Dads as well.

One reason ex's won't agree to 50/50 is it means there's no child maintenance to pay. It's blackmail on both sides usually - she won't agree child arrangements unless you agree her terms for finances. You want child arrangements sorted before you agree to finances. This is why it usually becomes legal. It's all legal anyway.

However you can't rely on anything she agrees to with child arrangements unless it's formalised legally. And she might say ok yes I'll agree to 60/40 if you move out and get the finances sorted with me. Then once you've moved out, stop you seeing your child and your only recourse then is to apply to court.

I'm not trying to worry you - just help you avoid pitfalls. Do you actually want to get divorced? Would there be an option to say ok - lets stay together and have another child, but we need something in place for support as I struggled when you had post natal depression last time.
 
Thank you, I appreciate it greatly and want to know all the advice and potential pitfalls as I've already been caught like a rabbit in headlights and have no idea what lengths she will go to.

You're correct I'm in Scotland. We do still live together but I moved out in to the shed in the back garden. I asked for a mediator and she went silent. She's actually told me she will no longer speak to me or will respond to texts anything other than day to day basic things with our son and anything I want to say to her be directed through her lawyer who will speak on her behalf.

Thank you for directing me to Shared Parenting I didn't even know about that so I appreciate it.

I'd happily pay her financial support, child maintenance, give her the house, everything. All I want is to have as much involvement with my son as I can and don't want less than 50/50. She knows this though. I believe the aim is to get more custody as punishment and also to try and weaken the bond me and my son currently share as he doesn't display as much affection towards her as he does myself but this is really just down to the amount of interaction we've had during his care.

I really don't want any more children. I love my son so much and I'm happy and content with the one I have and wouldn't want to bring more children in if this is how she can willingly hurt me for revenge of not getting her way.

I will make sure to keep a log of everything and try and remain in the house in my own space. Again, thank you.
 
I forgot to add the link - it's below. On the three bar menu on the right is more info - I think it's in the support section.


If she went silent when you asked for a mediator she probably suspects you might apply for an order re the child. Unfortunately an ex with a solicitor knows all the unpleasant tactics.

I would contact a mediator yourself and go along and they will invite your ex to the next mediation. But you might need legal advice as well. However I'd try contacting someone at Shared Parenting Scotland as I'm not that up on the legal procedures/mediation procedures in Scotland - ie what you can do first and what is necessary.
 
Ash has offered you some very good advice. Your position sounds very much like mine was, your soon to be ex is coercively controlling you, please be aware of what this is. She started by giving you an ultimatum regarding having another child.

This part of your post "I'd happily pay her financial support, child maintenance, give her the house, everything." Shows that the control is affecting you.

My advice would be to get some good legal advice and try to take the emotion out of it. Securing a CAO is your number one priority. I'm sorry to say this but if you bow to her demands she will push you for more whilst using your child as weapon against you.

Again I apologise if this upsets you but I was in your position and despite giving her everything and almost financially ruining myself she still cut me off from my eldest two kids and is constantly trying to do the same with my youngest.

I wish you all the best in this terrible time
 
Definitely agree on the points re finance.

The financial/divorce side and the children side of things are completely different. Don't martyr yourself for something that is unlikely to ultimately reap any reward.

You need to be very business like.
 
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It doesn't seem like your wife has thought this through. If she has a child with someone else and struggles again it's going to be even harder and presumably will need a lot of support from you for your son.
 
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She just wants another baby by the sound of it. And doesn't care how by the sound of it!
 
My ex played some similar games in the leadup to us splitting. She tried persuading me to get her pregnant. I would not have taken much persuasion. Just a little practical prep to care for another infant.

In the end, I realised she had made preparation for the family court onslaught in advance. She wanted to strike with the baby in her belly.

I am just noting that you may have got the same outcome even if you'd agreed on another child.
 
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