QLD How do I go about getting 50/50 custody of my child?

[MikeC]

Heres how it works;
1. Contact Relationships Australia in your township or nearest town.
2.Tell them you would like to carry out Mediation in the hope of working out a "Parenting Plan" with your ex. Hand over all of their details as well.
3. Carry out mediation and make sure you are issued with a Certificate 60i. Even if mediation fails, get this certificate issued to you.
4. Even if you were or weren't successful in carrying out mediation...next step is Federal Circuit Court to turn the parenting plan into court orders.
5. Go to the federal Circuit Court website, download an "Initiating application ( family law ) " fill it in.
6. Prepare your Affidavit, your Annexures, and your "Notice of Risk". I would advise you see a family lawyer at this point for an hour or two just to get some help. Cost $200 to $600
7. Get it signed by a JP.
8. File it with the Federal Circuit Court you can do this online as well it will cost a few hundred dollars. But cheaper than a Barrister.
9. When the documents are stamped by the Federal Circuit Court and you are given your court date. Then print them all out.
10. You have to "serve" them on your ex. You will have to use an outside firm to do this you cannot do it yourself. Approx $150
11. Wait for your court date
Hope this helps and keeps the costs down


Good Luck with getting 50/50 in this backwards state. Only if the mother agrees will you be granted it...your a man, and in Queensland men can't look after children... this is what the Federal Court judges think anyway...

If no orders are currently in place then take the child with you and refuse to hand em back until court orders are in place...it's risky but can be done a large Italian family in Melbourne carried it out successfully until the mother agreed to 50/50...problem solved

Thank you for that detailed response it was very helpful and just what I needed.If I could buy you a beer I would.Thank you so much.

 

[Migz]

Happy to help. To many of us find it a daunting challenge. And what's even more disgusting is the fact that in 2018 instead of the children starting at 50/50 shared care we are forced to start at 0/100...and yet our government and law makers talk about human right and equal rights and equal opportunity yet they still allow this to continue. ITS A BLOODY DISGRACE.

My next challenge is interim and final orders in a huge spreadsheet for parents to select from. I can't believe this whole industry hasn't been automated yet...but I suppose there is too much money at stake instead of the best interests of our Kids

Migz

 

[MikeC]

Mate I'm hearing you loud and clear.
I honestly believe that there should be some kind of mental health follow up for new mothers and fathers alike after a month or two after having their child.Postnatal depression is a big contributing factor to most relationship break downs when it comes to first time parents as far as I am concerned.If only the powers that be would see that and implement plans accordingly.I know for a fact that postnatal depression has caused most of the issues relating to my situation.It is hard for individuals to accept that they have a problem,it's even harder for them to do anything about it.

At this point in time I am seriously considering taking my son for a "holiday" until this whole s**t storm is sorted out.He shouldn't have to put up with his mothers tantrums because she is not coping.