NSW How Can Father Avoid Family Court Delays?

[Bill1979]

The mother had an AVO issued by the police as she claimed that the father trespassed on her property when they came to visit their children as she had refused contact with their father for a number of weeks. Their are interim arrangements at the family court whereby the father has the children every second weekend, though only during daytime.

The mother has a history of violence and lying to the father about the children (taking them to visit her parents in a different state and lying about when she would return) over the period of their relationship though the father has not gone to the police over these threats and physical violence. The father is looking to increase his time with the children to at least every weekend including overnight or shared time e.g. 50/50.

What is the best way to go about this to avoid court delays and so he can get this time with the children as the mother has messed him around for the past 3 years? One section 60i certificate for not completing mediation and is about to receive a second 60i certificate, as each time he has been about to go to family court she has come back to stay with him leading him to believe they would be a family and then leaving.

The father can get an AVO if necessary and has video evidence of the mother's violence.

 

[MartyK]

I'm somewhat confused. Interim orders would suggest to me that the matter is already in Court. If this is the case, why is a second 60i about to be issued?

How old are the children?

Children have a right to a relationship with significant others. Is there an order requiring the parents to advise each other of intention to travel interstate? If so, does it provide that the departure and return date must be advised to the other parent?

Alleged family violence, by both parents against the other, real or imagined, is not a very good foundation for an equal-time shared care arrangement.

 

[Bill1979]

Hi there.

The matter was at court though I am not sure if there is another court date set as was in response to a recovery order by the mother. Both parties wanted to do voluntary mediation though the father thinks this is another delay tactic to stop them from seeing the children.

The children are 1 and 3 years old. There was no order about interstate travel and each time the mother took the children to visit her parents she always promised to return the next week and then the week after but then did not and relocated to a different state and now claims that she has always resided with the children there.

So is it advised not to proceed with seeking an AVO even though the mother has sought one for trespass ( his lawyer has advised this will be thrown out)

 

[Rod]

Quick is self help. Not recommend and can have disastrous consequences.

Father has to stop trying to pander to the mother. He needs to take control, get family court orders, preferably an interim injunction, and see things through to the finish. The mother knows how to exploit the system and the father is enabling her. Stop trying to reach an independent agreement. Based on what you've said it will not happen.

 

[Bill1979]

Thank you for your response.

How does the father go about getting family court orders and an interim injunction? He may have to self represent for these due to cost or is there any places that do pro bono work or assist with preparing for these as he was a bit disillusioned with the process and also with not knowing how much the whole process would cost.

Also with the interim AVO, the mother constantly calls him everyday from a hidden number - the order stated no contact to be made and when he picks up she tells him not to hang up though he hangs up straight away as he is certain this would not be allowed and may be a trap.

 

[MartyK]

[QUOTE="Bill1979, post: 46085, member: 1528] How does the father go about getting family court orders and an interim injunction?

He would need to file an initiating application to the Federal Circuit Court for parenting orders. Although mediation is usually required, if there is a current violence order against him, he can bypass mediation.

He would need to seek an order for an injunction in his application. It may or may not be granted.

If the mother has relocated without the fathers consent, then he should make the application sooner than later.

As you will likely be self represented, just keep in mind that the recovery order filed by the mother, which I expect was the result of the father withholding the children, will no doubt be raised.

 

[Bill1979]

Thank you for your response. The father went to the mothers house as the mother was witholding the children and he had not seen or heard from his children in over two weeks. The father knocked on the door and called the mothers home phone and mobile phone with no response. The son was outside in the hot sun and ran up to the father who saw sunburn down his neck and no other parent around. (Turns out the parent was asleep in bed) The father took the son for his protection. A few hours later the father received a call to attend the police station with the boy which he did so and the police let them leave together. The mother filled a urgent recovery order claiming that the father had tresspassed and got an avo from the police and filed an urgent recovery order for the sons return. I thought this would be viewed as responsible parenting given that the boy was at risk of serious sunburn? Would the courts view this as such? All the father wants is to get decent time with his children eg 50/50 as the mother and her family have done their best to stop any access at all to his children.

 

[MartyK]

Sometimes the manner in which circumstances are phrased can lead to an end result. It is always a good idea to think about what the other side may raise, especially if you are an SRL. For example, a couple of questions which could arise are...

Why was the father even near the property?
Did he knock on the door to see if someone was home? If not, why not.

Family Law is never cut and dry. What could be apparent to one may not be to another, and, many things which may appear straightforward, depending on the other sides arguments, may not be

Always be mindful of the "what ifs" and the negatives. While it is not nice to be questioned about your own actions, it can assist you with your case!

 

[Bill1979]

In relation to time spent arrangements if the mother and father both live in the same city does the family court normally grant 50/50 time with each parent? Which method normally produces a more favourable outcome, the family court or mediation?

 

[Blessing]

In relation to time spent arrangements if the mother and father both live in the same city does the family court normally grant 50/50 time with each parent? Which method normally produces a more favourable outcome, the family court or mediation?

The Court decides based on circumstances of each case 50/50 is very rare as its not always best for kids and schedules, especially more so when parties cannot coparent well.

Even if he gets the certificate and bypasses FDR, there may be opportunities to do a conciliation throughout the process. Ultimately based on what you said the mother is unpredictable the father needs to get orders in place, it would be best if he is represented he can get private legal aid funded lawyer or find pro bono lawyers, there are plenty around.