Father intends to keep my children – what can I do?

December 8, 2010

I split with my ex in January 2009. I moved away and didn’t manage to get work until September 2010. At this point my ex and I agreed that as I was on a low wage and doing all of the travelling (5 hours round trip every other weekend) I wouldn’t need to pay money. The situation with having the children living with their father was only intended to be temporary but then he told me he had no intention of giving my children back to me.

The problem I have had is that none of our arrangements were formal at all, now he’s threatening me with back-dated payments in order to ‘keep me in line’.

He’s actually very well off, he’s on a lot of money and doesn’t even need the money. I left him with the house and his pension and everything.

I feel utterly ruined by this and don’t know how to go on. It’s getting to the point that I’m getting into debt simply to see my children.

Comments

  • brokenfather says:

    Giving your children back to you!

    Since when were you the sole owner of them?

    You should think yourself lucky that the resident parent considers your costs in maintaining contact with your children is adequate contribution towards their financial wellbeing, especially as you imposed those costs upon yourself when you moves away. Most resident parents dont, even if they are the one that moves away.

    Anyway, liability for Child Maintenance payments via the CSA cannot be backdated beyond the date they first make contact with you. So his threat are worthless.

  • graeme says:

    Welcome to the hellish world of being a NON-Resident Parent. Sorry if that sounds brutal but in my estimation that is correct.

    Tell me something and be honest. If the shoe was on the other foot, you were the parent with care, you had the house, you had the kids, you had the pension, you had the well paid job would you do the same as he is doing to you .. would you be claiming to the CSA to keep him in line…

    Would he also be in debt to see his children, would you be demanding him to make a 5 hour round trip to see the children. As you can see by my comments, if works both ways.

    My best advice is dont get the Gestapo involved. Work it out like the adults that you already are. Child support is the priority of both parents, not this corrupt and scandolous agency.

    Good luck. And dont forget Amanda.. this website will give you the support that you need along with good ideas and information. You have to be able to sit back and think outside the box. What would I do if the shoe was on the other foot ?

    Regards

    Graeme

  • Lee Hughes says:

    They ain't YOUR children!!!!! I'm not going to bother commenting further….

  • Thomas Annetts says:

    i feel for you but its the exact way most of us have been treated the csa is a big stick with which to beat your ex

  • Juliet-Amber Jolliffe says:

    Lee is right – they are both of your children and I would suggest getting legal advice in an attempt to draw up a contact order. If the children are settled and have been living with their father for x amount of time with your consent – then you are in the same position that most fathers find themselves in and I suspect a court will keep things as they are and you will be the non resident parent. You should be pleased that he is on good money – this means he is able to give his children a good life. You need to make sure you push for regular contact. Good luck.

  • Peter Anderson says:

    You're in the same situation as most fathers find themselves in! Woman has kept the children, denies contact, and then gets the Csa to persecute them for money. If I was going through a divorce again, I would do the same thing. It's the corrupt legal system in this country where "winner takes all" instead of having a "presumption of shared residence". BOTH parents are responsible for looking after and providing for their children! But the Government, DSS, CSA etc don't agree. They think only one parent should have the children. Women have had it their way for too long, and we have a lost generation of children brought up without fathers. But we've learnt, and now some fathers are hitting back and reversing the situation. To help you, I need more info. When did you split? How old are the children? What contact have you been having? When did you last see your children? Where are you living? Where is he living? Have their been any Court applications made yet? If so, what? PM me, it will be easier and I'll see how I can help. Also, repost your post (cut and paste it) onto Separated Dads on Facebook.

  • Bish Shaha says:

    hi you should go and visit the families need fathers website, they have regular meetings prob in your area, where they can give you advice and even help represent you in court for free.. dont worry about being female.. The real fight is to resolve the injustice in family law and the csa.. it is not a gender war !

  • Lee Hughes says:

    You do realise that all stories on here are actually a COPY of the original as posted on https://www.csahell.com? The original poster most likely won't even know there post has also been put on here. If you can help them then go to the main site and post comments there…

  • Peter Anderson says:

    Thx Lee. Will check.

  • Peter Anderson says:

    ou’re in the same situation as most fathers find themselves in! Woman has kept the children, denies contact, and then gets the Csa to persecute them for money. If I was going through a divorce again, I would do the same thing. It’s the corrupt legal system in this country where “winner takes all” instead of having a “presumption of shared residence”. BOTH parents are responsible for looking after and providing for their children! But the Government, DSS, CSA etc don’t agree. They think only one parent should have the children. Women have had it their way for too long, and we have a lost generation of children brought up without fathers. But we’ve learnt, and now some fathers are hitting back and reversing the situation. To help you, I need more info. When did you split? How old are the children? What contact have you been having? When did you last see your children? Where are you living? Where is he living? Have their been any Court applications made yet? If so, what? PM me, it will be easier and I’ll see how I can help. Also, repost your post (cut and paste it) onto Separated Dads on Facebook.

  • Amanda Halford says:

    Brokenfather – it was our original agreement that he would be giving my children back to me. I never claimed I was the sole owner, nor do I believe that children actually have owners, It can’t be denied though that I they are actually MY children just the same as they are HIS children. In future, when somebody posts asking for advice, you should probably bear in mind that this is a worried and already very upset person before you go on your character assassination. You are not accquainted with my situation, I moved away because he is in the forces, am I to be expected to move house to be near him every time he moves? I had to go where I had somewhere to live. I would happily take the children and ‘their financial wellbeing’ on. If it’s okay with you I’ll continue to think myself unlucky and find a constructive means by which to change it.

    Graeme – I am being honest, no I wouldn’t do any of those things. I had every opportunity to nail him to the wall during our split and I didn’t take those opportunities because we were supposedly keeping it amicable. I truly wish I had now. Thanks for your kind intentions and I appreciate your help, I haven’t contacted the CSA but there’s no guarantee that he won’t, after all, he holds all the cards.

    Unfortunately I’ve found the only responses I’ve had from this website and my request for advice to be full of accusations that I would do the same, that I’ve brought it on myself and bitterness. I think I might get a loan and take my concerns somewhere more objective where hurt fathers don’t look at mothers (who are, incidentally, just as hurt) as the enemy.

    I hope that both of your situations also improve. I’m taking the view that my children will one day be adults and all of this pain will be history.

  • graeme says:

    Hi Amanda

    On no account do u get a loan to pay for Child Maintenance. That is a big no no. The CSA will not take this into account if they assess you. Please bear that in mind. You have to struggle financially for the time being until if and when they do an assessment on you. Now dont forget this, CM will only be assessed on the following:

    1. 15% of your income for 1 child, 20% for 2 and 25% for 3 and more.
    2. The assessment will only take place when your ex contacts the agency. He cannot claim back to 2009 when you first split up.
    3. If you can, put some money aside into a savings account for the future. This sum should be relevant to the % of what your assessment should be.
    4. You can apply for departure. This is to help with high travel costs to see your children.
    5. You can also apply for a variation order. That is if you have the children so many nights per year as the non resident parent your assesment will be reduced slightly.
    6. When dealing with the CSA, always communicate with them by writing. That way you have an audit trail when things go pear shaped which i gurantee you they will do.
    7. If you have to communicate by phone with them always try and record your conversations with them.
    8. Former assests that you and your ex may have had will not be taken into consideration by them.
    9. Current debts you may have again will not be taken into consideration by them.

    Please read all the posts on here and see that heart breaking stories that people have written due to the misery that this agency cause.

    Why dont you both sit down and talk this through. Shared custody of the children is a great thing ie you both work out timetables for whern the children are with you or with their father.

    I note on your post that your ex husband is in the armed forces ? Is that correct ? Ok I am ex forces as well. I served 23 years in the navy. What happens when youre ex is deployed to Afghanistan or the middle East for 6 or 9 months ? Who looks after the children then?

    Good luck Amanda.

    Regards

    Graeme

  • Lisa Hunter says:

    that's right Lee go to the original posting and the writer does get emailed should any of us wish to comment!

  • Brokenfather says:

    “it was our original agreement that he would be giving my children back to me”

    You still dont get it.

    ‘our’ not ‘my’.
    Giving our children back to me.
    Father intents to keep our children.

    No wonder fathers have such a hard time when mothers routinely fail to even acknowledge thier involvement even when they are mentioned in the same damn sentence.

  • haq says:

    Brokenfather your name says it all. You are so filled up with bitterness that you fail to see that Amanda has posted here in the hope that she will get some relief because she has a shared experience -she has suffered what you all have suffered as NRP -seperation from your children. And instead of offering her some words of comfort all you can do is gloat and judge her. If she had no sense of the father having an involvement in the children’s life she would have hardly trusted leaving them behind with him as she did. At least Graeme had some advice to give. We need to avoid falling into the trap of mothers vs fathers.

    Infact while men have been complaing its only them that are hard done by , Amanda’s living proof of the opposite. Men too , lie deceive manipulate the system to gain custody of the child and all the perks that go with the ‘resident’ parent status.Its a total myth that only women get residence because the fact is that the Judges are just plain crazy, arbitrary and whimsical -they’re only concerned with their own reputations and intoxicated with their own power.One day they’ll favour the mother and the next the father -from peoples own stories- thats how they operate , its a game-eeny , meeny miny mo.And they like to be unpredictable – it gives them a reason for living and creating the false impression that they are not biased.
    It not simply the case that the majority of mothers get residence and its discrimantory towards men – Judges and law courts are hardly expert centres at who misbehaved, who lied and cheated and who was really to blame.When you have just one person just another ordinary falliable human i.e a Judge who cannot in practical terms be challenged -rather than a panel of relevant people in a constructive problem solving exercise; When there is only assumption,whims & prejudice rather than proper professional investigation ;When there is no norm , no reference point , no moral framework as to what is the right model for the human child and family life then ofcourse you are going to get miscarriages of justice and inhuman outcomes.
    Far too often men forget that for centuries and centuries ,children by law were considered the property of the fathers(so were wives) and mothers had no say at all .Consider that for a moment .Its only in the late 19th century after the womens movement that they were even considered as human beings with any rights. It only now when the womens lib movement has lost its purpose and direction so that in their desire to have the same rights and equality as men, they’ve given up what supposedly was unique to them- being the primary carer of the child.
    Has it occurred to anyone that this division of the’ resident parent ‘and ‘non-resident parent ‘has been created by the legal system and goverment without any consultation with the public?
    Its so designed so that its convenient for the authorities to decide who has the all the rights and some of the responsibilities and who has none of the rights and some of the responsibilities. Which means that this has one parent pitted against the other and creates a state of perpetual tussle and more money going into the pockets of the legal fraternity as it fosters conflict. Its also intended to replace the terms ‘Mother and ‘Father’ because in this modern society of ours where the family is a dinosaur they have lost any meaning or respect. When the system actively encourages break up rather than make up then what do you expect? The courts are just a breeding ground for broken families . The parents are expected to be put to work , the state institutions will bring them up i.e. the nurseries , schools etc so that those children will grow up to serve the state . The state and some mothers and fathers included do not want mothers to stay at home to bring up children because that is seen as ‘unproductive’. Institutions can do the job that mothers once did and so where once the family was an institution itself which provided values and moral guidance for the growing child- now you have teachers in schools doing the parenting and assuming a greater authority on ‘whats best for the child’.

    If you were to think about the concept of the Mother and the Father rationally for a moment and why Nature gave women wombs and equipped them for child bearing and rearing and men not , cannot you not see how a very unnatural state of affairs has arisen? And how this function is linked to the rights and responsibilities of each?
    There has to be a reason why humans are dual sex society and not a unisex one ! Men and women are different for a reason. So how can we have sex ‘neutral’ laws when it comes to family law? How can that possibly work for us? In order for a dual sex human society to function successfully and happily(dare I say it?) we need to work WITH the unique qualities that nature has given us and not AGAINST them .
    Mothers are the primary carers of children not only because they children grow and develop in their wombs but because they are the first contact the child has with outside world when it is delivered .This is the first human to human bond that is created through which that child makes sense of the world. SO why are these’ liberated’ women so misguided and ignorant and why do they reject this very fundamental truth and want to be like men??
    Why can’t they respect this unique and special quality instead of treating it as a burden and a nuisance? It makes me wonder that its these type of women that have negatively influenced our laws that have backfired and led to the detriment for the well being of women and children.
    Surely nature determined an arrangement was also in the best interests of the child as well? Studies have shown that the mother- child bond is crucial to that childs sense of security and it lasts well into adolesence and its through that that it learns to cope with the stress. AND this is no way diminishes or replaces the role of the father , the father protects, supports and sustains the family unit while the mother nurtures the child, each using their natural unique biological, physiological & emotional qualities . These roles and duties are not intended to be one superior or inferior to the other but clearly to be complimentary .This natural division of labour in the exhausting enterprise of raising a child and growing a family also means that one party does not become so overburdened , that they are not able to live a balanced life.
    But if you have a situation where one party feels undervalued or unappreciated and one party is trying to take advangage of their position over the other for financial gain or status then you get to where we are today. BOTH the role of mothers needs to be respected and fathers too; there are common features and unique features and they need to be understood if we want what is best for our children. And this does not mean that mothers or fathers cannot achieve their potential in other areas of life but it takes mutual respect and a certain amount of wisdom. What is the greater good?
    When there is relationship breakdown for whatever reason , and their are children involved , every attempt should be made to resolve it in an amicable , civilised way and the law itself should provide for an environment and a means for that to happen.There should not be an immediate recourse to the battlefield i.e the court. Parents need to be reminded that they are setting an example for the child at all stages. If it proves impossible then the natural roles of the parents should not be compromised unless there is a real risk to the well being child and criminal behaviour has occurred.
    Does any of that make sense? It said speak your mind so that’s just what I did. No offence intended.
    As far as the issue of the CSA is concerned, it ‘s not fit for purpose, we need to get rid of it. Period.

  • haq says:

    He deceived you so and didn’t play fair so return the favour .Speak to him in his own language.This sort of man clearly has serious power and control issues .I doubt whether he’ll be reasonable and understand the ‘shared’ custody concept.
    Tell him convicingly that you miss him and want to make up and get back with him-also its not good for the children. Play along. Then when you feel in a position to do so leave with the children . Contrary to what ‘Broken father’ says your children are your children.His experiences have left him embittered him but he does not understand that not all women are the same and that not all women should be tarred with the same brush. Nor can he understand what it means to be a mother.
    In this instance , the mother understood the children have a father too and trusted him, but the father did not respect the fact that the children have a mother too.
    If this man gets custody you will seriously risk being alienated from your children for good. Get back into the house where he lives with the children and get your children back. You carried them for 9 months and went through agonising labour to bring them out into this world, don’t give up on them. GOOD LUCK!

  • Brokenfather says:

    haq, you are inciting child abduction which is against the law.

    There is nothing in Amandas post to suggest that her children are being alienated against her, or will be in the future. In fact, she appears to see them every other week which is the bog standard contact for many non resident parent.

    The father is the sole resident parent and has been for almost 2 years. He is unwilling to relinquish that so Amanda is just going to have to live with that fact as no Court will change it now.

  • Amanda Halford says:

    Brokenfather – Abduction would only be the case if my ex had been awarded custody, which is not the case. I am choosing to ignore your ugly and negative comments. I hope you let go of all your bitterness and start to feel better about women at some point in the near future. Please don’t feel inclined to offer any more of your particular brand of ‘help’.

    Haq, thank you for understanding my position. Unfortunately he has now re-married and I his new wife is working her magic. How I haven’t become subejct to a witch hunt and subsequent trials is surely only a matter of luck. To make matters worse, my eldest who is now 9 has once again stated that he wants to live with me again. He is unhappy with his stepmother and his father is frequently away, he now lives in a home with his brother and 3 step-siblings. He finds his step-mother’s treatment of them as compared to the treatment of her natural children to be uneven and when I reminded him that I tell him off too he says “Yes, but you’re shouty and she’s mean and nasty”. He’s quite a sensitive little kid and injustice really frustrates him and gets him down. He wants me to speak to his dad but I’m pretty sure the answer won’t be, “sure, I’ll help you pack!” I have asked my son if it’s okay to wait until after Christmas before I approach his dad because I don’t want the fighting and I’m worried my ex will go back on our agreement of my having my first Christmas with the children since he and I split up. My son asks if I could simply not take him back EVERY weekend I have him. It breaks my heart.

    Peter, I’m unsure how to PM on this site but I can tell you the following- No residence or contact order have been made or applied for. We were advised to keep such things out of the courts, literally all we have done is split the value of the equity on our shared home and divorce. My children are 8 & 9 (soon to be 9 & 9 in January) my ex and I split in January 2009, I get the usual contact with my boys ie. every other weekend. They live in North Yorkshire, I live in Lincolnshire. I saw them this weekend. I am picking them up again on 23 December (10 days time) and keeping them for a week as their father is away over Christmas and he had them for Christmas last year.

    This isn’t like me, I’m not usually so full of doom and despair, I’m very optimistic and resolute that everything will be fine but in order to cling to the positive side, there has to BE a positive side and I’m rather dramatically failing to find it! I hope you can advise my somehow, I have done my research and it all appears pretty hopeless, without dragging my children through the stress and anguish of a court battle to have a residence order put in place I don’t really know what’s left to do. If I thought that the children were happy, I would be much more comfortable with leaving the situation the way it is.

    Thank you

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