Gransnet forums

Bereavement

The mess left behind

(37 Posts)
tickingbird Wed 26-Dec-18 11:13:37

Hello

Two months ago my son’s partner died suddenly. She had had a sub arachnoid haemorrhage (brain). Although they weren’t married, my son had finally proposed and they were to marry next year. They had been together 17 years and had 3 sons. 11, 6 and 3. My son tried desperately to revive her not knowing she had died instantly and nothing could be done. He is, understandably, bereft. I do worry about suicide and try to help as much as i can.

The major problem is her mother and brothers. The mother was always very controlling and possessive and now believes she has the right to keep the boys. She has the eldest one at her house and has completely turned him against his Dad. We believe and so do his teachers, that she’s convinced him his Dad killed his Mum. As they weren’t married she has taken over everything and emptied the bank accounts, sorted the funeral ( which didn’t take place until 9 weeks had passed) and generally been nothing short of evil to my son. I believe she would love nothing more than to drive him to his grave. All this came about after social services informed her my son had parental responsibility and he would make all decisions regarding the boys. He had to stop the youngest two visiting her as they weren’t returning until she said they could and when they did, they were saying he wasn’t their real Dad as they weren’t married, and i wasn’t part of the family and wasn’t their grandma. There is so much this woman has done and one morning one of the uncles arrived at my son’s st 6am shouting obscenities and trying to kick the door in. My son has done nothing wrong - he and his partner had a happy relationship with no falling out or violence but he never liked the mother but was always civil and allowed her to have far too much involvement in his children’s lives (in my opinion).

The funeral was an exercise in spite and my son was kept in the dark but was told by friends when it was. He wasn’t allowed to carry the coffin and wasn’t mentioned at all. It was as if he didn’t exist in his late partner’s life at all when, in fact, he was the love of her life. He is a broken man and is doing his very best for the two boys he has under rxtremely trying circumstances.

Thankfully, the mother is such a dreadful woman that all professionals are now firmly on my son’s side as they have had to deal with her lies and demands. Christmas Eve court papers arrived as she is making a bid for custody of the boys and the hearing is New Year’s Eve. As everyone will probably be very hard to get hold of before then we are worried how this will go as he will probably have to defend himself.

Sorry for such a long post but it’s been so awful and shows no sign of stopping.

maryeliza54 Wed 26-Dec-18 22:35:17

There is no such concept as next of kin in E and W law. If there is no will, the rules of intestacy apppy and in this case only the children inherit. However as they are under 18 the estate has to be put in trust for them. Do you know how much mony there is? Either way a bank using the phrase next of kin is simply WRONG. Your poor ds and you - you so need someone to fight your corner at such a dreadful time. PM me if you want more info without puttting personal info on here

tickingbird Wed 26-Dec-18 23:03:14

Eglantine 21 i don’t wish to get into any dispute with you but this woman has consulted a solicitor and a summons has been served. She is seeking custody of the children on the grounds of neglect, abuse etc. It’s all rubbish but nevertheless stressful and totally unnecessary.

tickingbird Wed 26-Dec-18 23:11:40

In answer to questions re will, there isn’t any property or anything and the money in the bank amounted to approximately £1000. The law seems so vague.

Eglantine21 Wed 26-Dec-18 23:15:40

Children’s Act 1989 Application for Arrangements - prohibited steps.

I’d post a link if I knew how.

You might find it helpful.

It states quite clearly how an application for custody must be made and who can make it.

tickingbird Thu 27-Dec-18 18:45:44

Just to add Eglantine21 I have perused the paperwork today and it's an order for a hearing for her to have the children live with her and her to be granted parental responsibility. It's been signed off by a judge sitting in private and classed as urgent. It's quoting the children's act of 1989 (if I remember rightly) and it's very official. Arrived Christmas Eve and the hearing is New Year's Eve and how on earth is my son supposed to get anything ready by then? He can't even get through to a social worker - they're all off work.

Willow500 Thu 27-Dec-18 19:02:20

What a dreadful situation - grief is having to take a back seat for your son while all this is going on - he and you must be frantic with worry. It seems the courts have no regard for parents circumstances and the judge is quite likely to make a judgement without even hearing any pleas from the father. It's happened recently to a family member with her young baby - all the preparation work done by her solicitor wasn't even put forward. I hope your son is able to find some advise before NYD.

Eglantine21 Thu 27-Dec-18 19:07:02

Try www.childsupportlaws.co.uk for online advice. I’ve just checked and they have 3 solicitors on duty now.

This still doesn’t sound right. It’s against all advice and legal procedures. Have there been other letters that he’s put to one side?

tickingbird Thu 27-Dec-18 19:34:08

No there have been no other letters as far as I'm aware but he is all over the place as the moment as the pressure from this woman just never stops.

tickingbird Thu 27-Dec-18 19:34:33

Oh and thank you for the link. I'm trying to get in touch now.

tickingbird Thu 27-Dec-18 19:38:10

This gets worse Eglantine21 as the server isn't responding at the link you provided. It's like trying to walk through treacle dealing with all of this.

Gran2028 Thu 27-Dec-18 19:49:48

Google child support laws... and scroll thru til you get offered the site you are looking for about third one down..good luck..