Drink Driving - a question!

Drink Driving - a question!

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Smart Mart

Original Poster:

11,860 posts

216 months

Wednesday 14th March 2012
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Just a brief update... good news and not so good news.

Met with my solicitor this morning who says I have a strong case and that the longer the boys stay with me, the better it will be. Although she may well be staying off the drink and when the next conference is, that time will be five months, by then the boys will have been settled with me for seven months.

That will also take them up to two months away from being at a new school just 100 yards from my front door and also will bring them up to within four months of their 12th birthday, meaning their views and wishes will bear more importance with each passing month and year.

The downside is that with all the Tax Credits I now receive, I no longer qualify for legal aid. There are several options now including representing myself (a strong possibility), seeing if Social Services will fund an application (a slight possibility) or paying for the hearings and solicitors myself (unlikely in the extreme) or doing it myself and getting a McKenzie friend to go with me (not sure!!).

Smart Mart

Original Poster:

11,860 posts

216 months

Thursday 17th May 2012
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Well thought I had better update you with a few things (if anyone still has this bookmarked that is).

Well we are back to four people in the house again now as ex's daughter moved back in tonight.

It's ex's birthday today and missed a call from her this morning. She probably wanted to speak to the boys but they're at SAT's breakfast club this week and in school by 8.15am every day. Rang her back but couldn't get a signal, ended up leaving a voicemail message.

Fast forward to 3.30pm and a tearful daughter rings up asking if she can move back in. Picked her up at 7.30pm after dropping boys at scouts and she's up in her room sorting her stuff out now. No idea how short or long term this will be but it doesn't matter right now.

Turns out Mum was drinking this morning and when daughter got back home from school today, she found the front door open along with the inside door open too and a empty condom packet on the floor beside her bed!! She denied everything but was slurring her words etc.

Have plenty of house reorganising to do this weekend just in case its for the long term, by the looks of it.

This also follows an incident in March where she didn't collect the kids because she was "ill" (bought vodka from the local shop) and didn't tell the kids until the following day; another incident in April where I took the boys round for their regular Sunday afternoon visit but there was no answer, again because she was drunk and finally, ten days ago her daughter asked me to come round for a chat as her Mum had been nasty to her when she confronted her about being drunk.

Never a dull moment.

Smart Mart

Original Poster:

11,860 posts

216 months

Friday 18th May 2012
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I've managed to reach the age of 44 without hating anyone in life. Hate is a strong emotion that never really helps you in any situation so I've always steered clear, making sure I never feel that way about anybody.

Until now.

Picked boys up from school today; had a word with teacher and she was 99% happy with older twin's behaviour, he almost had a blip but she caught him just in time and all is good.

Got home, ex's daughter tried several times to get hold of her mum to see whether she was having the boys tonight. I'd already been past the house earlier and seen a car outside on the pavement blocking her drive (obviously someone in her house) and her car on the drive meaning she'd cried off work again.

So we knew she was in but ex's daughter must have tried fifty times at least on both mobile phone and landline to get hold of her to no avail. I took the boys round the park for a game of football, came back and bathed them but still nothing. Put them to bed about 9.30pm and older twin burst into tears. He is really missing his mum, and because he is quite eloquent, his upset is that much more amplified. I sat with him for an hour talking, crying, talking a bit more, crying until eventually he settled down. He wants his routine back of seeing her three times a week at the same time - I genuinely don't think they ever want to go back to live there any more so their time with mum is vital.

The hurt in his eyes as he tries to hold back the tears breaks your heart. He's trying to be brave and hold it in but the poor kid is hurting so much inside. For the first time tonight, I actually saw his face twisted with upset, the poor kid is so angry/disappointed/sad at his mum.


Got back downstairs and ex's daughter had looked on her mums Facebook page where it says "Off to Wales for the weekend". So apparently she seems to have gone off with a bloke to Wales (she'd never drive there herself) and won't see the boys either tomorrow or Sunday; ideal times to make amends for not seeing them today really.


This is where the hate comes in. I really hate her. I hate the fact that she won't make contact with the kids outside of her contact times. I hate her for upsetting my children so callously and so often. I hate her for just upping sticks this weekend and b****ring off rather than seeing her children. I hate her whole lifestyle where she thinks its okay to sleep with blokes she's hardly met and put her kids behind them. I really do hate everything about her.

Sorry.

Smart Mart

Original Poster:

11,860 posts

216 months

Friday 1st June 2012
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Thanks Panda, I meant to post earlier to say that. Don't worry about drifting off beam, I do it all the time!! hehe

Couple of brief updates. She didn't turn up to school last Friday to collect the kids so had a phone call from the children's head asking me to come and get them. Turned out she was drunk though she said she was "asleep" and forgot to get them.....

Then last night, same again but this time, her daughter had texted her a reminder which was ignored by her mum setting off alarm bells. I got to the school dropping daughter off at her house on the way but she only got a volley of self-loathing abuse from her mum from a bedroom window. Then as we drove back home to my house, four police cars with sirens and lights going passed us and daughter then got a text saying that the police were outside her mum's house!! Either her mum or a neighbour had called them out, the neighbour presumbaly because of the shouting and banging on the door by her daughter. Rang 101, explained situation and no further bother.

Finally today got a letter from CAFCASS which had info suggesting there is a court hearing upcoming. Rang them, given another number for the court then they told me that her mum has applied for a residency order for the boys and there's a hearing on June 25th at 10.30am at the County Court.

In one way, it moves things along a little and the fact I've played most of this emotionally with a straight bat should go well but I'm more than a little worried that her solicitor has grounds for optimism. where from I have no idea. I cannot believe that she genuinely thinks she has a chance of getting the boys but the further along the road she goes, the stressier I get that she might just win!!


Smart Mart

Original Poster:

11,860 posts

216 months

Friday 22nd June 2012
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Three weeks further on and the hearing is on Monday. She has said twice now that she realises that Social Services won't back her but curiously, the court tell me the hearing hasn't been cancelled at all. So working on the unlikely basis that this is a ploy to trick me into not turning up, I'll be down there on Monday morning, bright and early.

Since I last updated, her daughter has gone back home. I understand it's because of her loyalty to her mother but there you go, maybe she will be back. Her mum moved to a two bed flat on Monday which means the boys no longer have a room there, does this mean she thinks her race is run? Unlikely but since she receives benefits for only one child instead of three, she had to move somewhere else to save money.

Today was the Child Protection Core Group meeting. Both the ex and her daughter failed to show, the first time ever this has happened. Meeting continued in her absence although much shorter than usual of course. Social Services are prepared to say their bit should they be called upon by a judge on Monday though most of us know nothing will be decided on that day. If the judge throws her application out then I'll put my application in as soon as I can raise the £200 fee although SS have hinted they might even fund the application themselves.

SS via CAFCASS have also put me in touch with the local "free legal representation" people. Based at the local uni, they are trainee lawyers assisted by real lawyers and they work for nothing so to me that sounds like another bonus from SS that they are encouraging me to go for residency.

I'll update on Monday if anything happens otherwise the next Core group conference will be on July 12th.

Smart Mart

Original Poster:

11,860 posts

216 months

Friday 22nd June 2012
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You'd think it would count against her; after all, the only reason that we have all been meeting these past few months is to work out what is best for the children and how to help her get better.

She sent a text since my last update saying "U and Social Services have destroyed me. Well done." This came as her solicitor called me to say that she was withdrawing her application for a residency order although, typically, she has left it so late, I still have to go through the rigmarol of going to court on Monday!

The good news is that SS wanted to know how much a residence order application is... it really seems that her non-show has exasperated them today to the point where they have backed me 100%.

Smart Mart

Original Poster:

11,860 posts

216 months

Saturday 23rd June 2012
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garyhun said:
I hope you realise that her text is a last grasp attempt at emotional blackmail. You have done everything for your children so I hope you focus on that.

All the best.
Absolutely. The more she tries emotional blackmail, the less chance there is of it working.

The social worker's manager, who was in on the meeting yesterday, said that she had hoped that I had kept a diary of everything that has happened (which I have) and she also suggested that keeping records of communication might be a good idea from here on in.

Smart Mart

Original Poster:

11,860 posts

216 months

Monday 25th June 2012
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Thanks to all of you for your comments.

A bit nervous today although it looks like being a short meeting. I've never been more determined to get a good outcome for the boys and I guess that starts with this morning's hearing.

Re the diary, it was a tip given to me by the solicitor I used a couple of years ago and often repeated on here, thankfully a tip I've listened to. No-one can be expected to remember dates months on from when they happened so it was a good idea.

Will report back later on, thanks again.

Smart Mart

Original Poster:

11,860 posts

216 months

Monday 25th June 2012
quotequote all
Went to the court this morning and met ex's solicitor outside the hearing room. She confirmed the RO application from ex will be withdrawn at the hearing following ex's discussions with SS.

I mentioned that SS may be funding the application for my own RO and she suggested that if they did fund it, it would be unlikely to be opposed, for the same reasons that today's order would be withdrawn.

In and out of the hearing room in two minutes flat, made sure that judge knew I was planning to apply and he nodded, having heard my plans. Have now notified Social Services of this morning's developments and will now ring the free-to-use solictors who asked to be kept up to speed.

So I now have to fill in the RO application, check the funding questions are all answered and send it in. Hopefully there will be a date (even if its weeks or months away) before the next Core Group conference on July 12th.

Thanks for all the advice and comments, they're keeping me going right now.

Smart Mart

Original Poster:

11,860 posts

216 months

Monday 25th June 2012
quotequote all
Hi all and thanks for the comments.. again!!

Gruffalo - will certainly do that if SS follow through on what they've already said. Thanks for your post... clap

I'll happily keep posting the next few weeks and months, hopefully with some good news.

Smart Mart

Original Poster:

11,860 posts

216 months

Monday 25th June 2012
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Tyre Smoke said:
Indeed, echo all that everyone else has posted. Very well done, for the patience and keeping your temper under very trying circumstances.

I hope it all works out well for you. Remember, this entire thread is an excellent diarised version of events too.
Thanks TS. I have posted on here and another website since it all began and it has provided a great reminder of dates, times and emotions along the way. I'll be filling in the RO application form tomorrow and both threads will help me get the facts straight which will be absolutely vital as time goes on.

Smart Mart

Original Poster:

11,860 posts

216 months

Tuesday 10th July 2012
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Just got back from the six-monthly Child Protection conference involving both schools, both parents, social workers, police and a chairman.

ETA: Ex and her daughter didn't show up.

Headline news is that the twins have been taken off the Child Protection plan. It's indicative of the Children's Services attitude on how I've looked after them that they believe there is no need to keep an eye on how they're being looked after by me. There will still be a line of communication opened between the social worker and I but she will be completing her final visit in the next few weeks.

Ex's daughter will stay on the plan for at least another three months until the next conference. This is absolutely vital as she is having a rough time of it from her up-and-down mum; there was an occasion in the last month where apparently her Mum broke down her door during an argument. Yet on Saturday, her Mum went and bought her a kitten....

Stated my intention to go for a residence order to the chairman prior to the meeting and he has fully backed me as have Childrens Services too. No sign yet of payment so I will continue to work out finances and go for it once it is sorted out.

Thanks again for all your comments. This thread has been a huge pressure release valve in recent weeks and months.

Smart Mart

Original Poster:

11,860 posts

216 months

Thursday 12th July 2012
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Forwarded on a text from the school to ex at dinnertime (boys are on camp and school texts an update every day) only to be met with "f*** off".


After trying to find out why the abuse, eventually told me she'd received the social services report that was presented at the meeting on Tuesday (the meeting she didn't attend!). Texted daughter who has just got back from her dads and found her mum in a hell of a state. After sharing texts with her, and offering her a refuge for a bit, she is staying as she thinks it will make things worse. And she doesn't want to leave the kitten alone with her Mum....

And now I've had a text saying she's going to kill herself and its what I've always wanted.

This is never going to end, is it?

Smart Mart

Original Poster:

11,860 posts

216 months

Friday 13th July 2012
quotequote all
Well we're now off and running.

Have borrowed the £200 court fee, made four copies of the application form and have just returned from dropping them into the County Court this morning. The court lady said I should have a date within a week, for probably a month or so's time.

Feel better already, thanks again for all of your help.

Smart Mart

Original Poster:

11,860 posts

216 months

Friday 13th July 2012
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GreatGranny said:
Shoot me down if you want but would anyone be interested in donating to Smart Mart's legal costs. I know in the past PHers have been very generous.
It's very kind of you to offer but I've already settled up (with great help) for the application fees and once a date has been set, I can get back in contact with a free-to-use solicitor that is based at the local university. It shouldn't cost anything more from now on....but your suggestions is exceptionally kind.

Smart Mart

Original Poster:

11,860 posts

216 months

Thursday 19th July 2012
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Thanks to all who have posted since the last update.

The court date came through today... Monday 13th August at 10am in a hearing lasting around thirty minutes.

Have spoken to the local "free-to-use" solicitors this afternoon and they seem confident they can get me a university barrister despite it being the holidays.

Onwards and upwards, summer holidays are here now.

Smart Mart

Original Poster:

11,860 posts

216 months

Monday 13th August 2012
quotequote all
Thanks again for your messages.

Court hearing didn't go very well today, sadly. The judge said that she doesn't see any reason why she should award residence to me as their Mum hasn't threatened to take them away from me. She asked their Mum to state that she wouldn't do that and although I expressed my belief that a RO was the best way forward, she decided not to pursue any further.

She wasn't even interested to read any reports from CAFCASS or the Children's Services. This was only a directions hearing but if the matter had gone further, both those organisations would have had to supply paperwork.

As part of the process, I had to fill in an extensive form and photocopy it for their Mum and the court as well as a copy for myself. Yet their Mum turned up today with her counter-response and neither I or the judge could see what she had written... judge wasn't too impressed.

So that's it. The boys are off the Child Protection plan now so Children's Services won't be around any more. Feel so desperately disappointed in myself too... maybe I should have waited until I could have afforded a solicitor as maybe they would have argued my case more than meek-and-mild me.

Smart Mart

Original Poster:

11,860 posts

216 months

Monday 13th August 2012
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hornetrider said:
What - so they go back to the mother now? After everything that's happened?
No HR, they will stay with me until such time as their Mum goes for a residence order herself. They've been with me since December 29th last year so really nothing changes... it would have just been nice to get some legal confirmation that she isn't going to try to get them back.

Realistically she can't have them back now anyway as she's moved to a 2 bed flat where she has one room and her daughter has another. She was planning on sleeping on the sofa if and when the boys wanted to start staying overnight now and again but they are showing no signs of wanting to go back even temporarily.

Smart Mart

Original Poster:

11,860 posts

216 months

Saturday 29th September 2012
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tba said:
been following this from the start has there been any update?
Hi tba,

Nothing to update really. Social Services were meant to come round for one final time to basically sign the children off the plan but I haven't seen them for a couple of months now. I texted our social worker after the court case but no reply.

The boys have settled into big school well and love the fact we live a hundred yards from the school entrance. Their mates from their old village go by on the bus each night and my two wave at them as they disappear into our house while the "bus kids" still have ages to go before they get home (bus does a detour around other villages so kids get home about 4pm).

I've turned the third bedroom here into a little study for them so they have somewhere quiet to do their homework; they have a CD player there and can look out the window on to a nice view so it's all about making their environment here as happy and peaceful as possible for them. They've had enough noise, upset and hassle to last a decade so time for a settled existence.

Still love their football and double delight this season as the team I manage, and they play for, are top of the league after two games. I know its early but a promotion this season would mean a hell of a lot to them as football has always been an escape route... they've played for this team since March 2006 and it's been a good constant in their life.

As for mum? She had a good month in August as things seemed to be settled down a bit but twice in the last three Sundays, she hasn't had them because she has been drunk. There was also a Wednesday where her daughter finished school early and, with no buses about, rang up for a lift but her mum was drunk. Apparently, her mum is taking Librium now which makes her ill if she drinks so I suppose that's a good thing but I'm having to trust a little when the boys go over there that she won't be under the influence.

Edited by Smart Mart on Saturday 29th September 08:55

Smart Mart

Original Poster:

11,860 posts

216 months

Monday 26th November 2012
quotequote all
Sad to report another lapse this afternoon on the worst day of all to have one.

My little babies were twelve today. Can't believe they're twelve but apparently, it's true. I've organised a great weekend for them starting yesterday with them being mascots at our football team. It's the third time they've done it and they absolutely love meeting the managers, the players and seeing behind the scenes etc.

This morning they played football then I paid for eight of them to go go-karting. Fantastic afternoon's entertainment and last week, their mum suggested she would do some food and all the kids could go round to continue the party there for another couple of hours. All was well, right up to 10am this morning when she rang to wish them happy birthday.

You can guess where this is going, can't you?

At 3.15pm, got a text from her daughter saying she had been drinking and that she wouldn't wake up (still breathing fine, just hung over). Another text at 4pm saying she'd tried again but no luck. So as a last resort and with eight kids to feed, ended up taking the easy option and going to McDonalds, coughing up £30 for tea.

All evening, been getting abusive texts and phone calls blaming me for not waking her up!! How I was meant to do that when I was twenty miles away on the other side of Bristol, I have no idea.

Seriously considering blocking her number from my phone to stop the harrassment. Might cause more issued than it solves but right now, I feel I have to just to get some peace.