NSW Ex Refusing Mediation or Consent Orders - Options?

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Rick O'Shay

Well-Known Member
9 May 2015
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7 year old daughter. Never had a parenting plan/consent orders.

Attempted to arrange mediation with Relationships Australia in order to work towards arranging a parenting plan/consent orders- ex ignored it and I received a section 60i.

Attempted again for another mediation opportunity this time involving a lawyer to work towards arranging a parenting plan/consent orders - ex ignored again.

That’s correct, my ex refuses mediation,refuses to create parenting plans or consent orders.

Should the next step be to:

Construct a parenting order with my lawyer and put that before a magistrate?
 

Migz

Well-Known Member
20 November 2016
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If she has refused mediation twice, then you know that you are up against someone who has no intention of sorting things out with you, in the Child's Best Interests. Next step is to file your "Initiating Application Federal Circuit Court", "Notice of Risk", "Affidavit".... sign upto the commsportal.

Making sure your "Initiating Application Federal Circuit Court", contains well written and water tight "Interim Orders" and "Final Orders", get your lawyer to look over these prior to submitting, all of this paperwork you can do yourself and save the dollars.

Make sure the hours that you are seeking are written out spot on, including how where when handovers take place, including, "failing that" clauses, ie. all pick up and drop offs to be done at school (blah blah blah), failing that, McDonalds (town), you get what I mean.

From this day on document everything, and atleast once a week from now until court day, ask for extra time via email, if you are not at 50/50 yet, (just so she can say no), ie. Hi X, I was hoping you would be in agreeance to Y spending 3 extra hours with me this Saturday, Regards Z. Just mix it up like this.

Cheers
 

sammy01

Well-Known Member
27 September 2015
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And be nice to mum... I know, I know... But her case is going to be that it is not in the best interest of the kid to spend time with you. But she is gonna need something to substantiate that. The best way? conflict. So this sucks. But she causes conflict she wins, so you have to suck it up and be nice no matter how crazy she is being.

What sort of time are you having with the kid at the minute?
 

Rick O'Shay

Well-Known Member
9 May 2015
25
0
121
and be nice to mum... I know, I know... But her case is going to be that it is not in the best interest of the kid to spend time with you. But she is gonna need something to substantiate that. The best way? conflict. So this suxs. But she causes conflict she wins, so you have to suck it up and be nice no matter how crazy she is being..
What sort of time are you having with the kid at the minute

I was seeing my daughter at least 5 days a fortnight and then she decided I deserve 2 days instead.
 

sammy01

Well-Known Member
27 September 2015
5,154
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Get your self to court asap.... When you say 5 days? do you mean 5 nights? or only allowed day time care?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Yep - Court is likely the only way you'll get an outcome close to what you want.