DEAR DR. NERDLOVE: My girlfriend split up from her ex of 7 years almost 2 years ago, and they have a 2-and-a-half-year-old together. Co-parenting with the ex has gotten worse and worse, to the point where the ex and his lawyer slandered me in their objection to our recent move (namely because they don’t have anything else to stand on).
Before communication started breaking down about a year ago, her ex had insisted she had his DS and games, yearbooks, and a few other books and that he should get to come over and go through all her stuff to find them. He’d also demanded that she still “owed him nudes and/or sex.” She told him that if she found the items, she would return them, reminded him he had a new girlfriend now, and otherwise skipped over the part where he demanded to be let in and demanded nudes, telling me it wasn’t worth the fight. She told me that he had a habit of stealing from places they went to together and she didn’t want to give him the opportunity to steal from her, and I believe her as she’s stuck up for him in areas she didn’t have to.
Over the Christmas holidays when we were decorating, she found some family ornaments of her ex’s and his brothers’ in the Christmas box and attempted to give them back to him when she picked their son up. He almost flung them back in her face and said “oh, now you want to give stuff back?” and slammed the door in her face.
Flash forward to moving recently. We started finding a few more items of his here and there as we were packing up, and when her ex came over to pick up their son for the weekend, we had 2 fantasy books of his and his class ring. My girlfriend said “here’s your stuff!” in a bright and cheery voice, and I kid you not, the ex turned away, picked up their son, and nearly sprinted away. We were left in the doorway blinking with the books and the ring.
And then you guessed it: we did find the DS and games. They’d accidentally gotten packed up in her stuff when she’d hurriedly moved out. However, he never let her back in the house (they owned together) since July of last year and sold in October, and he presumably threw out her remaining items. She had asked repeatedly for items she’d left behind but he wouldn’t let her in and wouldn’t give her anything.
I’m torn on what we should do. Obviously, the ex did ask for them back and we do have them, even though we originally thought he was using it as an excuse to go through her stuff. My girlfriend thinks we should still give them back, but it doesn’t feel worth it to me at this point. It just opens up their son’s transition time to hostility (recently, my girlfriend was trying to soothe their son when he started crying at pickup, telling him she was sorry it was hard. Her ex hissed at her “No, you’re not, don’t f--king lie”). And since we’re in a court battle, I don’t want him to be able to claim he never received the items if we drop it off with one of his relatives.
I want to model good behavior for their son as well, even though he’s a little young to be understanding the nuances. It doesn’t feel 100% right to just give the items back to his dad when his dad has been so nasty, but I recognize I don’t own them, either. My mom suggested keeping the sentimental and/or valuable items for the son when he gets older, but that’s not exactly correct, either, as the items didn’t originally belong to him and his dad isn’t dead.
Do you think we should make one last effort to try and give back at least the DS and some games (gf says some of them are hers but isn’t 100% sure which are which)? Or do you think that proverbial ship has sailed with his behavior the last few times we tried to give him his stuff back?
Sincerely,
Trying to Step-Parent Responsibly
DEAR TRYING TO STEP-PARENT RESPONSIBLY: a I understand the feeling that you shouldn’t reward someone’s s--tty behavior, and I certainly understand the appeal of a break-up tax. I also understand wanting to model good behavior for your girlfriend’s son. But seeing as you casually mention that there’s actual litigation involved here, I think that this is the sort of situation where the only reasonable and responsible answer is “talk to your lawyer,” especially if said court cases involve a custody dispute. This is one of those times where doing what seems right (or satisfyingly petty) is precisely the sort of thing that some unscrupulous lawyer could turn against you, and you don’t need to make their job any easier.
Admittedly, seeing as his lawyer seems to be on board with this s--tty behavior, I’d think a formal complaint to the state bar association might be in order, especially if he’s throwing around accusations in open court. Unfortunately, I suspect that unless you can actually prove slander, it might be an uphill climb; a lot of people will throw complaints at the opposing council during contentious divorces or custody disputes. Check your state’s bar website for the relevant information about whether filing a formal complaint would be in order; the grievance committee would have the relevant information and staffers who could help find it.
As it is, I strongly recommend documenting her exes’ behavior whenever possible and saving whatever emails, texts and letters he’s sent. If, for example, he texted her that she still “owes him nudes and/or sex”, those are precisely the sort of things that you should be saving and archiving for her lawyer. And while she may not necessarily have video evidence of his behavior when she’s picking her son up or trying to return his stuff, having a list of dates, times and what her ex said and did can be very helpful if and when she decides that it is worth the hassle of sorting this out in court.
(For the record, I think it’s usually worth it, and doubly so in this case. If he’s making demands for nude pictures or sex, then a case could be made that he’s attempting blackmail or extortion; as it is, that’s the sort of behavior that makes lawyers start to drool…)
Documentation is always your friend when it comes to these sorts of matters, up to and including trying to return things to a contentious ex or get personal items back. Having that dated list of, say, times she tried to return his stuff or when he refused to let her into their communal property will be handy when paired with evidence of good-faith efforts on her part to return his belongings.
And that’s precisely why it’s time to quit dealing with him face to face and to deal with him through the federal government – specifically, the US Postal Service. Rather than giving him the opportunity to lie and say that she never actually returned his things, box them up and send them as a certified package with a delivery receipt – especially requiring that they sign for delivery. Document what’s in the box with pictures, get pics of the box with the certified sticker and return receipt attached and send it on its merry way. Even if he refuses to sign and accept delivery, certified mail will confirm a delivery attempt was made.
And sending it to his relatives, at the very least, means the two of you made a good faith effort to get it to him. If he refuses to get it from his relatives or they never contact him about it, that’s on them.
Seeing as you two are dealing with him in court, you want to be able to show that you’ve been going above and beyond in trying to be reasonable and to handle things like mature, grown-ass adults, and he’s being a belligerent little s--t. Having proof that you’ve been trying to return his things and he’s been metaphorically (and apparently, literally) throwing them back in your face will go a long, long way to improving your position with the judge. Doubly so if you have other documentation about his bad – and frankly offensive – behavior. So document everything with exact times, dates and locations, use the services offered by the federal government to prove that you’ve been making a sincere effort and otherwise avoid dealing with him in person as much as you reasonably can. There’s no point in drawing more aggro than is actually necessary, especially if he’s going to be acting like a weird little freak in front of his son.
However, I will remind you: not only is Dr. NerdLove not a doctor, he’s also absolutely not a lawyer or legal expert in any way, shape or form, so talk to your lawyer about all of this. Get their input before you do anything else; there’s no point in the court case any easier on her s--tty ex.
Good luck.
Please send your questions to Dr. NerdLove at his website (www.doctornerdlove.com/contact); or to his email, doc@doctornerdlove.com