NSW Custody of Children - Interim Family Court Orders and Mediation?

[Steve1905]

Hi All,

I have not had a day or night with my 6 year old since our break up 3 months ago. There is no current custody of children agreement and I have visited him at school twice. My ex abused the staff for allowing me to see him so much in front of my son (on a daily basis for an entire week) that in the interest of him not seeing that again I stopped going to the school. She has disowned her family and has no contact with mine as well.

My son is locked away when not in school and convinced him it is necessary so I don't snatch him (I would never do this). She has taken up with a drug dealer who also hoards and has turned their place into a tip. I need to get him out of there.

I have been going to mediation and it will still take up to and beyond 2 more months. There is no doubt I will be going to court to fight for custody but have been told I cannot be seen by the courts until mediation is finished or my ex stops going and I am issued with a 60i form. Mediation agree what she is doing is wrong. They also said over the phone there are other options I can pursue but they have to remain neutral so I have to find those options myself.

Is there another option to get an interim custody agreement or to get the courts to see me now? I want to do things the right way but at the moment not going to mediation may get me into court quicker. I do not have money to pay a solicitor nor do I qualify for Legal Aid. I am also not willing to put my son into a tug of war by just taking him.

 

[AllForHer]

It's an unfortunate truth that family law is a slow process, but unless there is evidence of family violence or the mediator deems it unsuitable for mediation, it's difficult to avoid.

If you want to speed up the process of mediation, you may wish to have this done through a private firm, rather than through the usual avenues of Legal Aid or Relationships Australia. It's more costly, of course, but it will reach results much sooner.

As a matter of interest, it takes about six to eight weeks from initiating application to interim orders. Be patient with this process - a court will very swiftly order that you spend time with the child if you're currently spending no time at all. You are doing the right thing by taking the proper avenues to conciliation, rather than simply taking the child or exposing the child to conflict. Many parents make this mistake and it always comes back to bite them.

Dads in Distress has some good support mechanisms that you might consider looking into, as well.

 

[Steve1905]

Thanks All for her,

She has now moved. I have been told up the coast somewhere near Forster and broken all contact. She took the kids out of school on the 17th of march and they haven't been seen since. DOCS are also chasing her.
Mediation spoke to her and after their conversation issued me the 60i cert. I have almost completed the affidavit along with the initiating application. I am paying a solicitor to go over the forms as I cant afford for her to actually do them. Hopefully I can submit them this coming Monday afternoon and have a date set.

 

[AllForHer]

I'm sorry you're going through this, and I'm especially sorry that your children are going through this.

It sounds like you're on the right track, and it's a very good idea that you've had a solicitor look over your documentation. Please let us know how you go.