QLD Family Dispute Resolution

[Mexity]

Hi,
My partner has gone to Mediation to start the process of seeing his children.
For 2 Years she has refused any contact between my partner & his children.
His ex hasn't responded to any invitations that FDR has sent her & FDR now say there is nothing they can do. The letters haven't been picked up from registered post & she is ignoring the calls.
All we can do is call a solicitor to seek legal advice. We were under the impression, if that were the case, he would get a Certificate to take her to court. What are our options?
Thanks

 

[AllForHer]

He needs to contact the service which he sought FDR through and ask them to provide him with a s60I certificate to say that he attempted mediation without success, and then he needs to file that certificate together with an initiating application for parenting orders through the Federal Circuit Court of Australia.

How old are the kids? What happened two years ago that prompted the mother to withhold them?

 

[Mexity]

He called Family Relationships as soon as he got the letter & that was the response they gave. He asked about the Certificate & that was when she said they cannot give it to him because they don't have proof that the other party has even received any letters or calls.

The children are 5 & 8 (9 in June)
Nothing major happened for the no contact. She has been this way from the beginning.
We visited unannounced last year at Easter. Organised to have the children for a day as the ex said is was the daughters decision (she is the oldest) his daughter said yes, so it was organised to pick them up that Saturday. The Thursday morning before, the ex had text saying she doesn't think it's a good idea the children go with him as he has never tried before (he has tried constantly always getting this response) time & time again after that he has always kept up with her messaging/calling asking how the kids were & if he could call them. Most of the time with no reply from her. Christmas Day last year we went to tgeir place to give them presents & she told him the children weren't there & to take the presents with him & leave.

 

[Mexity]

Soon after their son was born (5) she got into another relationship, had another child.
Refusing my partner to see his children, she told the kids her new partner is their New Dad & my partner is (& his daughter calls him) Old Dad. She has since now split up with "New Dad" & he has the children sometimes.
We understand that the "New Dad" has played a major role in their life, but only to fault of the Mum's as she has always refused my partner to be a father.

 

[sammy01]

options?
1. Go see a solicitor. If you are very low income earners you could apply for legal aid... Don't fancy your chances? But worth a shot...
2. Self represent - google "how to self-represent in family law .au"

My advice - Do lots of homework...Do the initial application yourself. Go to the Federal Circuit court and listen in on some cases... Very few cases actually get finalised by a judge. Most people come to an agreement. BUT the threat of a magistrate telling her off for her antics might be enough of a motivator.

 

[Rod]

He called Family Relationships as soon as he got the letter & that was the response they gave. He asked about the Certificate & that was when she said they cannot give it to him because they don't have proof that the other party has even received any letters or calls.

This sounds like a cop out by the centre. Who sent the letters, were they sent by registered mail, process server? Who made the calls?

If the attempt was made then they MUST issue the certificate.

 

[Mexity]

Well thinga have had a turn of events!
I texted the Mum last night explaining how could he "prove he is a father" to her if she didn't let him near the children to "prove" anything? & can't she see he HAS been a father for the last 2 years, a Stepfather to my son.
I know I probably shouldn't have gotten involved but anyway.
She has asked my partner to go over to her house (where he is now) & sort something out. She states she hasn't received any mail or calls from FDR so he is going to ask for whatever agreement they come up with today to be written and signed by both of them & for her to contact mediation so they can get that then written up in a parenting plan.
Progress!

Can you get a Parenting Plan signed to make it legal to stand up in court IF either party doesn't follow the plan?

 

[sammy01]

a parenting plan is toilet paper as far as the law goes... KINDA.... It shows intent... Look if she is agreeable for him to have time with the kid. Then go for it... That way if court is needed later she will struggle to make arguments about him being an unfit father or what ever other BS might cross her mind...

WARNING - best to keep out of it... Let him text from his phone... It can get messy and vindictive real quick...

 

[Mexity]

Thanks Sammy.
Yes, I know & understand. I don't plan on being/getting involved. I put my 2 cents worth in & that was it.
In a way, I can't help but feel involved being my partner & me being the one that see's the hurt every time. But yes, I understand.

That is good to know that it shows something. I thought that there was a way to make it legal. Not 100% but give it some?thing

 

[sammy01]

If both parents agree to make it legally binding - that is called consent orders. Easy enough to do, if the ex agrees. Often the primary carer wont agree. Lets face it, at present she gets to decide when he sees the kid.. That is a lot of power... Why relinquish that if you don't have to?? Just to be nice? because it is the right thing to do....

let us know how your partner goes... PLS make sure he doesn't argue with her... he will wind up in court with an avo on him in no time