VIC Family Court - Thoughts on Father's Interim Application for Contact?

[Anon_ymous]

Posting a new thread for some educated opinions on applications to the court - interim and final orders (parenting).

To recap, dad hasn't seen the child for about 6 years. No previous relationship with the mother. The father was only notified about child post birth of the child where he did spend time with the child. He ceased contact due to harassment, etc. During the recent mediation, plans failed. The mother is uncontactable and the lawyer is not responding.

So thoughts please re -

Final application seeking 50/50 custody of children or Friday night after school to Sunday and one weeknight, shared parental responsibility, orders that allow for both parents to be involved/invited to school and sports events, etc.

Interim seeking reintroduction (inclusion of the mother for this) detailed stepping stone growth in time plan leading to overnights (very gradual, over a 12 month period or so).

After reading through orders that the courts have been made I'm feeling a lot less optimistic about what might happen should this get to family court. There were so many orders made for no contact with fathers that allowed for the consideration of the view expressed of a younger child. (Although mum has maintained that child wants to see dad).

There are no concerns other than the length of time with no contact in terms of the father.

 

[Rod]

To be blunt, with an uncooperative other party there are only two options:

1. Going to court
2. Forgetting all about the kid till the kid is old enough to re-establish contact

With option 1, there are many many variables that will affect the outcome and it is hard to predict what the result will look like. You can put in a part effort and say I tried, or go with a full effort and give it a proper go.

There are two ways of giving it a proper go. Time, or money.

DIY is possible and will take time and effort.

Lawyering takes a lot of the load off you, but leaves your wallet somewhat lighter.

If you get flustered, or confused, or easily overwhelmed, or prone to making mistakes under pressure, then maybe DIY is not for you. And as there are accusations of harassment, which can turn into family violence allegations quite quickly, I'd recommend some legal advice, it least to begin with.

 

[Anon_ymous]

To be blunt, with an uncooperative other party there are only two options:

1. Going to court
2. Forgetting all about the kid till the kid is old enough to re-establish contact

With option 1, there are many many variables that will affect the outcome and it is hard to predict what the result will look like. You can put in a part effort and say I tried, or go with a full effort and give it a proper go.

There are two ways of giving it a proper go. Time, or money.

DIY is possible and will take time and effort.

Lawyering takes a lot of the load off you, but leaves your wallet somewhat lighter.

If you get flustered, or confused, or easily overwhelmed, or prone to making mistakes under pressure, then maybe DIY is not for you. And as there are accusations of harassment, which can turn into family violence allegations quite quickly, I'd recommend some legal advice, it least to begin with.

Thanks Rod,

Definitely want to give it a go and I'm confident in my ability to support my partner to do this. Can't afford to use a lawyer however we could use a lawyer sparingly.

The harrassment was toward the father, just mentioned for context.

What is your opinion on what to ask for in final orders given the situation? We want to be as reasonable and realistic as possible.

Do you think the court would interview a 9/ 10 year old child?
Do you think no contact order is likely given the context provided?

 

[Rod]

If you are in position to have the child live with you 50/50, and there are no schooling/money/travel/violence/mental health issues, then 50/50 is a reasonable goal.

re: Court interviewing child - Courts typically leave interviewing to experts such as a family consultant or ICL.

With no serious violence or mental health issues on your side, I suspect you stand a very good chance of getting some contact, and up to 50%. I think the chances of no contact to be remote, solely based on the little information you have provided.

 

[sammy01]

I'd apply for 50/50, but:

1. Dad has no established relationship with the kid. I know, not his fault.... But it is still a big ask, no matter how small the steps.

2. This is high conflict... Again, not dad's fault - but 50/50 requires co-parenting and that clearly isn't gonna happen here.

I would suggest a very gradual re-introduction of the kid to dad would be more like 2 yrs than 12 mths.

So apply for 50/50 in the hope of getting it, but realise that there are some huge hurdles which lead this punter to think it is not a likely scenario... I do love being proven wrong.... Especially on stuff like this.

 

[Migz]

Give it your best shot Anonymous...Why? Because you are in the interests forward thinking state in the country. If you have a chance of eventual 50/50 it's in Victoria. Reference Richard Warshaks material in your court paperwork along with family law act 65daa...

It's truly disgusting that they call Australia a first world country full of equal opportunity...yet our Family Law system is one of the most barbaric. 50/50 needs to be the start, not the end...so much for a child's human rights...pfffttt