QLD 50/50 Custody of Children - Unreasonable?

[Nicholas James Rubesaame]

So I've been split with my ex wife for 2 months now and she has taken my daughter off me and dictates every move. My daughter is 3 going on 4.

I want 50/50 custody of children and have expressed it on multiple occasions. I currently get her every Tuesday night and every second weekend, 4 nights a fortnight.

Now my ex is 100% after the money as she has just given me Wednesday afternoons but won't let me have her another night and always offers Sunday afternoons but not sleepovers.

I am due in mediation in 2 weeks and she has no reason as to why I can't have her 50/50 custody of children except I work, which is not a reason at all as she works too, but puts her in daycare the days she does.

How high are my chances if I'm already basically getting 6 days a fortnight but she just won't let me do nights which I have asked for multiple times again and her reasoning was that it will disrupt the child's routine, etc., but it hasn't at all.

It's actually improved her behaviour and sleeping pattern the more she sees me and she admits it but says she wants things to stay the same.

Will mediation see this as unreasonable?

 

[sammy01]

Mediation won't see this as unreasonable - they won't see it as reasonable either. It ain't their job to judge...Their job is to help you guys come to a compromise.

My job it to help you get informed.

So 4 nights a fortnight and half holidays is about 28% care. 5 nights and half holidays is about 38% care. I don't know if you have worked this one out, or if the ex has...but once your care goes above 35%, it means lots when it comes to family tax benefit and child support...

So sit at a computer tomorrow and call Child Support and ask them to walk you through the family tax / child support estimator to help you understand.

Now do mediation - get something in writing. If you're not happy with it, then make sure they give you a 60I certificate. You need that to apply to court. But you can get an interim agreement as a parenting plan - otherwise known as toilet paper. It is stupid - it is a contract but if one of you no longer agree with it then it is null and void.

But - we have to look long term. Like I said - mediators are about compromising not taking sides.

So story time - I got read up, learnt it all etc etc. So when the mediator explained that it was reasonable for my time with kids to be minimised so the ex could get more free govt money... I spat it. Told her to toughen up and get a decent job, and my ex can get a job too. Didn't get me very far.

BUT - you've gotta look long term. Get as much time with the kid and be nice as pie. I would have liked to find a link to the legislation, but I'm rushing. so this site will have to do Can the Family Court Force Me Into Equal Shared Care of My Child? - Kott Gunning Lawyers. Scroll to the paragraph that starts with "however'.

So here is some personal opinion...

5 a fortnight is pretty cool. I had 4 then I had 5.. The kids saw this in a particular light - Dad's house was great. Mum was boring. Mum was stopping kids from spending 50/50...

Ask yourself this question - how much money is worth spending to get 50/50? Is it worth the stress?

Rant over