VIC Family Law - Letting New Partner Meet My Children?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
On what grounds was the zoo trip 'grossly irresponsible'?

Yep, keep paying and apply to court in Melbourne.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Wrong path is to cease spousal maintenance against the agreement

Right way is to apply for parenting orders through the Court.
 
  • Like
Reactions: SamanthaJay

mkr

Well-Known Member
11 January 2016
26
1
124
Well, ex-spouse has really dug in now. She and children traveling to Qld for a 1 week holiday and, as my work travel coincided, I asked if I could catch up and see the children while they are in Qld (even just for a 1/2 day or evening). She has not cooperated stating that this would mess up her holiday and therefore not in the interests of the children (?).

Also discussed plans for October school holiday at which time i planned to travel to Qld to also meet their newborn sister and see their grandparents. She clearly advised that she will not allow the children to leave her hometown in Victoria and that 'half-castes' are not welcome in her town. (My partner is part Papua New Guinean) and went on again about how it is not good for the children to meet strangers.

I am thinking to still spend the time with the children as planned in Oct and travel to Qld whether with her 'approval' or not. If she completely loses it, suggest that she arrange Mediation to discuss and resolve?

I am thinking this may end up in court to resolve if common sense does not prevail. All I am after is the ability for the children to spend time with their grandparents, myself and get to know my partner and meet their sister.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
I really don't know what to tell you, to be honest. You don't need her approval for what you and the kids do during their time with you, and it's obviously not in their best interests not to meet their sibling. The problem is that she's probably not going to know, or rather accept this until someone with authority tells her how it is, so bottom line is that you really do need to commence mediation to start trying to get this sorted, and I would be doing it sooner rather than later.

Your plan for October holidays is fair, but I wouldn't wait until then to start mediation. It can take up to six or eight weeks to actually get mediation booked and sorted, sometimes longer - we once commenced in April and it didn't progress until August, at which time we were told the matter wasn't suitable for mediation because of how much difficulty they were having trying to get the mother's agreement to attend.

So don't wait. Just start now, and advise that in the event agreement can't be reached, you will be pursuing the matter further through the Family Court.
 
  • Like
Reactions: SamanthaJay

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
Go to court. Forget trying to negotiate with someone whose world views are older than John Howards...
 

mkr

Well-Known Member
11 January 2016
26
1
124
Thanks everybody for your help. I have since initiated mediation, at my coat. My ex-spouse when contacted to participate in a 1-on-1 induction has requested time extensions. I have not agreed to the time extension as I believe this is important and she can afford to find 1hr within a week (on holidays at Sunshine Coast with kids this week, day off Monday and work remainder of week).

Hoping the mediation does occur and leads to some improved arrangements.
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
I hope it helps, too. Mate, she is applying delay tactics in the hopes you give up. Mediation won't work. No one at mediation has the authority to tell her she is a twit and that she needs to pull her head in. A magistrate has that authority.