QLD Family Law and Custody of Children Issues with Ex?

[Joerogan]

Last year, my now 14-year-old daughter stopped coming to stay with me against my will and with the support of her mother. Her mother then allowed her to stop attending high school and applied for home schooling through Brisbane School of Distance Education.

Once I found out, I contacted her high school and informed them I did not give my consent for her to leave school. I then contacted Brisbane School of Distance Education and also informed them I did not give my consent. Based on my letter to BSDE, they rejected her application and she is currently still enroled in high school although she has not attended since around September last year.after school resumed this year.

I discovered that she had not returned. Her mother refused to return any of my calls until I contacted other family members. She then told me that she was putting our daughter in another home schooling program. She told me she was advised that as she has 100 percent custody she is allowed to do that. She was not granted 100 percent custody by any legal avenue.

I have not agreed to this and am waiting on mediation with relationships Australia.I told her that as much as it is against my better judgment to pull her out of school and into home schooling I may agree to support it provided she stay with me one day per fortnight and bring her school work with her so that I can also monitor her progress.

When I protested about her plans she threatened to move out of state. I don't have the money to fight this legally and would appreciate any help.

Is she breaking any family law by threatening to move and ignoring my wishes as to custody of children and school and what can I do ?

 

[sammy01]

Do you have any current court / consent orders?

You could contact the local child welfare authorities (doc's) in NSW and ask their opinion about the school stuff.

 

[Migz]

Mate, when is your mediation set for? Dates? How long have you waited?

It seems from after talking to people that mediation in Queensland seems to be long and drawn out in getting a date set. My mate in Victoria, rang them for an appointment and was in the following week. I rang on the 28th Dec, and our appointment is set for 13th Feb.

I told them this is absolutely disgusting, and to make maters worse it falls within the 14 days of the upcoming court date, so I now I can't even attach the parts of the parenting plan that we agree on to my affidavit and have it served on her prior to the court date. I have a feeling they set this date deliberately so it just stays in court longer.

Rant over.

Ok Joerogan;

1. Go to mediation as quickly as possible, try to sort it out there.

2. If its not successful, make sure you get your 60i certificate from them.

3. Next its off to court, but represent yourself, download the paperwork from the internet (initiating application family law)

4. Fill it all in, have a jp sign it, file it in the family circuit court, then serve it on your ex.

You ex must be seen to facilitate a relationship between the father and daughter, by the sounds of it this isn't happening.

Admittedly with your daughter being 14 this may change things slightly, so I will let other comment on that.

Cheers

 

[Joerogan]

Thanks mate

 

[Joerogan]

I have been waiting for mediation for about 5 months now. In the meantime my ex has pulled her out of school so I think you are right about Queensland being slow.