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I am very worried - what should I do?

post #1 of 7
Thread Starter 
Hi everyone. I found this site and really appreciate being able to read through everyone's situations. I will try to recap my situation as briefly as possible but if I need to clarify anything, please let me know. X and I married in the USA in 1999, I moved to Australia in 2000 (he is an Australian cattle rancher). 2 DDs came along. X's father was very controlling (family ranching business), etc. . . I had to leave, as X wouldn't put our needs first, FIL made all the decisions for us. In AUS, you have to be legally separated for 1 year. We filed for separation in January, 2007 in AUS. CS was also filed for with no hassles. Custody agreement was I would have physical custody (joint legal) with summer break for him in AUS. I agreed to this, as I wanted to move back to MN and he had threatened to flag passports before when we were arguing. Agreement is I have to get the kids over at the start of the summer and he has to get them back at the end. Signed the divorce decree in 2008 (AUS divorce) stated that the custody agreement in place was the one we would go with.

Summer of 2008 & 2009, he came to visit during the summer for 2-3 weeks each. This year, I brought DDs 8 & 5 over in early June. His parents are bringing them back August 27th as they are taking a vacation in North America.

DD 8 is doing great! She sounds like she is having a really good time. DD 5 is not doing well at all. First 3 weeks, she was running away from home, stole a candy bar from the store and has stated no one loves her/she wants to kill herself. She also is having stomach pains that started in May (when we started packing, buying things for their trip, etc. . .) and have gotten progressively worse. It went from occasional pains to now waking her up at night almost every night. I took her to the doctor twice before we left and both doctors agreed it was just nerves and constipation. X’s fiancée (who lives with him & is pregnant) thought she should see a psychiatrist for social problems. She is also a K/1st grade teacher over there and thinks after seeing DD 5 in her class one day that she has developmental delays! These kids have been going to Kindergarten 5 days a week since January and she only did a few days of preschool until March and hasn't been to school since. How can she be compared to kids that are older and have more schooling than her???

I could go on and on but I hope you get the picture. She is not thriving there and her bad behavior was not present over here. X called me Saturday to tell me about the behavior problems and says they were in the first 3 weeks of her being there (it is 5 weeks now, they have 5 weeks left). He admitted her behavior was driving him crazy and it sounds like he threatens her with spankings and does spank her. When I asked him what he said to her statement of killing herself his reply was “Don’t be bloody stupid. That’s a stupid thing to say!”. I’ve sent him emails saying she should come home now. When I talk to DD, she only says she wants to come home, please can she come home. He says he’s not against her coming home but doesn’t want to rush into anything. Talked to him again on Wednesday night and he says she’s fine.

But she is reluctant to talk to me on the phone now. I couldn't even talk to her last night, she absolutely refused. Last Saturday night, she did not want to talk to me either but I know X sat her down and threatened her (he admitted it later) that she WILL talk to me. That's not what I want.

But I am very worried about her. It just sounds like he is hard on her and I don’t think his fiancée is helping the matter. I am thinking once she does get home, she will be a very angry little girl and it will take a long time for her to get comfortable again. I would like to take her to a child specialist to get her evaluated for proof for next year. X has also been secretive with me about his fiancee from the very start. I have only found out about the milestones in their relationship through other local people who email me. I don't need him to ask permission but it would have been nice if he had told me she moved in with him over a year ago (found out from a friend), when they got engaged (again, friend told me) and now, that they are getting married in a few weeks (friend got a wedding invitation). That's why I think he can be very secretive when he wants to about things that affect the girls' lives and won't admit things aren't great.

I also don’t know if I can file something here if I do get proof to change the custody agreement.

Any suggestions? I am so afraid that she thinks I won’t let her come home when I really want her to!
post #2 of 7
Sounds like you would need to have her evaluated by a child psychologist all the while talking to a lawyer about how to change the custody agreement. Given that it's international, it might be trickier. I don't know.

Get thee to a lawyer right away.

Since your DD is so young and easy to cohearse, I wonder if it wouldn't be useful for you to talk to her openly on the phone. Tell her you want her to come home if she wants to. No questions asked. Repeat yourself if you have to.

In the end, if it were me in your shoes, I'd be flying out there to go get her.
post #3 of 7
Quote:
Originally Posted by Halfasianmomma View Post

In the end, if it were me in your shoes, I'd be flying out there to go get her.
Yes. I know it must cost a fortune, but it would seriously be worth it. The current situation is not working for her. And no wonder - she's so young, that's a LONG time away from Mom and very, very far. Tell your ex that he probably doesn't want her associating him with the dread of visits, and it's not wise to push her when she's not ready.
post #4 of 7
I have no experience in this area, so I'm probably not much help. But, we threats of suicide, is there any reason you can't go to AUS yourself in case she needs you? Then, after she gets home seek legal help?

I feel horrible for you and your DD. I hope you get this worked out!
post #5 of 7
Is it possible to have social services down there take a look at the home situation. I think if you call them and tell them about the threats of suicide and her change in behavior as well as her fear regarding speaking on the phone about what is going on they may look into it. I was in a horrible group home for a few months when I was young and my mother became worried about me for similar reasons. The social service people in the area were wonderful about coming and looking into things and they came to a decision that protected me (which turned out to be telling my mother to get me out of there immediately or they would take me into protective custody). They may be just as reasonable down there.
post #6 of 7
Thread Starter 

Update

Thanks to everyone for the advice. It is very expensive to fly to AUS, especially on short notice but I would do it in a heartbeat if he would let me and deal with credit card bills later. The ex says she's fine and she doesn't need to come home. If I flew over there and wanted to take her home, he wouldn't let me. He is ignoring my emails that I want to bring her home. I also see the benefit of flying over there to be near her but they still have 4.5 weeks left and my vacation is gone from the previous trip over there. I could take unpaid time off but I don't know if he would let me take her home should I just decide to go over there and check things out.

He told me he is taking her to a doctor on Thursday for the increased stomach pains and red particles in her urine. I emailed him and said she should see a doctor ASAP for these new symptoms as they could be something more serious. I'm trying to come across as a concerned person and not as someone who is telling him how to parent. But it doesn't seem to be convenient to take her to a doctor before Thursday (they live in the bush and 1.5 hours from a doctor/hospital). I have not received a reply back from that.

Talked to a Social service person here, they can not do anything while the kids are gone (which I suspected but wanted to verify).

I don't know about a child welfare check in AUS and if I do that, I am very worried about the retaliation while they are still over there. Someone who is connected with Social services mentioned that even with the Hauge convention in place, they can't do anything to get children back to the USA. I don't think normally he would want to keep them but if he got angry with me. . .

I also have asked if we can set up a time to Skype to the girls. She may be willing to talk to me on the computer (I set up DD8s computer with Skype before she left) and I can tell her that I want her to come home but her Dad gets to decide when she comes home.

I did mention to the ex that she is telling me she wants to come home at every phone call and never wants to go back. He says she is fine and doesn't really respond to that comment. Probably thinks he is set pretty good with the parenting agreement in place and her wants aren't enough to change that.
post #7 of 7
Wow,

I really don't know what else to say except I hope and pray that your situation works out. Please keep us posted when the girls get back home to you!
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