SA Child withheld against interim orders. No access. Issue with child care centre

[Been2Trial]

Yeah go through their regulatory body that I gave you the link for.

I want you to have on record that the ex has masterminded this. You don't want her to say that it has nothing to do with her it is all the fault of the child care centre.

BTW have you contacted the ex and asked her to give you authority to pick up the kid from the pre-school?

Mate, I went through the regulatory body and did this, the result was the child care centre legal department s**t themselves and we got told the enrollment had been cancelled effective immediately.

The judge and ICL tore me a new one in cross examination about this and it features heavily in the reasons for decision.

Truly, if I had my time again, I would have gone about this differently.

I know how powerless gunerzzz feels right now, walking into that centre for me was like walking behind enemy lines and it was a kick in the guts big time to find out the centre director was litterally picking up the phone and reporting to my ex every time I arrived there to pick up or drop off my child, plus sending her letters reporting s**t like "child was upset and unsettled after father dropped child off" (of course child was, poor thing was terrified she wasn't going to see me again any time soon and centre staff were not being at all supportive!). All I did was use the legitimate, legally available and recommended channels to address this, but the family court saw it differently.

The family court is a f****d up, backwards world.

 

[gunnerzzzz]

Yeah, that sounds exactly like a family report, although 40 minute conversation seems a bit on the brief side. I had maybe an hour and 20 minutes and even that wasn't really enough. Was yours paid for by the court or privately funded by you and your ex equally?

Yea brief.

And 20 mins of my time was the report writer calling the mother and discussing with me potentially having a mediation immediately there to come to an arrangement. At that time we where very close to arranging. The assessor left all my willingness to come to terms out of the report and these events taking place though.

The mother refused.

 

[gunnerzzzz]

Mate, I went through the regulatory body and did this, the result was the child care centre legal department s**t themselves and we got told the enrollment had been cancelled effective immediately.

The judge and ICL tore me a new one in cross examination about this and it features heavily in the reasons for decision.

Truly, if I had my time again, I would have gone about this differently.

Yea.

I haven't gone down that approach yet. Just discussions via email trying to get answers and expressing my disapproval with how I'm being treated.

Will leave it until the hearing to see if the detailed orders I have requested be approved.

That will end the issue on the spot anyway.

 

[GlassHalfFull]

Frustrating. I spent quite some time in mine discussing with the consultant their perceived negatives of a job I was hoping to get (which would involve shift work) for my time with the children. Although I recognise that rotating shift work can complicate routines and arrangements for the shared care of children, it is far from insurmountable and I felt that the family consultant was wasting valuable time in our session try to convince me not to get the job, which I felt was a bit unfair.

 

[GlassHalfFull]

Yea.

I haven't gone down that approach yet. Just discussions via email trying to get answers and expressing my disapproval with how I'm being treated.

Will leave it until the hearing to see if the detailed orders I have requested be approved.

That will end the issue on the spot anyway.

It will only end the issue if the daycare centre actually respects and honours your orders though. It sounds like they aren't currently... What is to stop them from refusing after your hearing too? That's what I don't understand. Hopefully you get orders that specifically order the daycare centre to allow you entry and to communicate with you about any and all issues relating to the child...

 

[gunnerzzzz]

Mate, I went through the regulatory body and did this, the result was the child care centre legal department s**t themselves and we got told the enrollment had been cancelled effective immediately.

The judge and ICL tore me a new one in cross examination about this and it features heavily in the reasons for decision.

Truly, if I had my time again, I would have gone about this differently.

I know how powerless gunerzzz feels right now, walking into that centre for me was like walking behind enemy lines and it was a kick in the guts big time to find out the centre director was litterally picking up the phone and reporting to my ex every time I arrived there to pick up or drop off my child, plus sending her letters reporting s**t like "child was upset and unsettled after father dropped child off" (of course child was, poor thing was terrified she wasn't going to see me again any time soon and centre staff were not being at all supportive!). All I did was use the legitimate, legally available and recommended channels to address this, but the family court saw it differently.

The family court is a f****d up, backwards world.

If I may ask.

What prompted the "s**t fight" again.

Did it start over the centre reporting back to the mother or did other events occur, leading to your interim orders.

Then more occurred leading to taking action with that regulatory body?

 

[gunnerzzzz]

It will only end the issue if the daycare centre actually respects and honours your orders though. It sounds like they aren't currently... What is to stop them from refusing after your hearing too? That's what I don't understand. Hopefully you get orders that specifically order the daycare centre to allow you entry and to communicate with you about any and all issues relating to the child...

I have stated that within 7 days the mother do all things necessary at xxxxxxx, located at xxxxx to have the father placed on file with full access to the facility etc...

So if I go to the centre, and they refuse. That will be the mother directly breaching orders again.

If the mother does as such... They have no right to refuse me.

Now not sure if a judge will do it or not. I will wait and see.

Plus placed a further order that either parent must be notified 7 days prior to the commencement of any new school/kindy/day care, with all details provided and full access etc.

So she can't just change and do it again.

 

[GlassHalfFull]

Hopefully they will. That sounds perfectly reasonable. I've been told that it's much harder to get specific things included in orders at the interim stage as judges don't have the patience to get involved in small details, not to mention that none of the facts have been tested until a trial, but given it's crucial for you to even see your child, I can't see why it would be refused.

Hopefully also your ex will be given a thorough dressing down for making it necessary to return to court to get those orders specified, since it seems obvious that she should have done it in the first place...

 

[gunnerzzzz]

Hopefully they will. That sounds perfectly reasonable. I've been told that it's much harder to get specific things included in orders at the interim stage as judges don't have the patience to get involved in small details, not to mention that none of the facts have been tested until a trial, but given it's crucial for you to even see your child, I can't see why it would be refused.

Hopefully also your ex will be given a thorough dressing down for making it necessary to return to court to get those orders specified, since it seems obvious that she should have done it in the first place...

Yea.

I'm not even sure how long the judge is permitting us on this to discuss overall.

First step is obviously get my daughter back.

It was originally listed on the duty list. Then got an email late last week that it's been moved to a phone hearing due to covid 19 and further written submissions are required.

So I really have no clue as to whether her honour is just going to ask some follow up queries and render orders on what happens from here like from my experiences at all previous hearings.

Or if it's going to be a longer mini trial as such.

Haven't really got any clarity on this based off communications sent out by her honours judicial aide.

 

[GlassHalfFull]

From my limited (3 interim hearings) experience, court hearings are like a box of chocolates.. You never know what you're going to get.