NSW How Does Parental Custody of Children Work?

[AntiAntz]

Hi guys

Quick background of my situation as follows:

I have a 1.5yr old baby who's currently staying with his mum and we have a interim hearing coming up. I am currently doing supervised visits once a week and am quite confident that I will get unsupervised visits in the next hearing (i.e. interim hearing).

To date I have communicated that I would like to be a part of my baby's life and would like to spend quality time with him as appropriate to the baby's age.

Unfortunately, the baby's mother does not want to entertain this idea and I have struggled to get a positive outcome from mediation.

So my question is if everything goes to the judge to decide the custody of children, will I be stuck with unsupervised visits until I go to court again and again seeking more time? Is that how the system works?

Sorry I'm new

 

[sammy01]

no look, if there are no grounds to maintain supervised visits then a magistrate is likely to change that soon enough. Just play nice, play by the system and don't give up. You're in this for the long haul...

And it is a good thing for you if it takes 2 yrs. WHY well the kid will be nearly 4 and the magistrate will be more willing to make orders giving you more time, more so than with a younger child.

Magistrates will order incremental time increases that happen down the road. So orders for overnight time from 2 and 3 or 4 nights a fortnight from 4. But they're more likely to do it when the kid is 3 than when the kid is 18months.
Be patient. Play nice. Remember this game goes for 18 years.

 

[AntiAntz]

Thanks Sammy!

So if I get unsuprivised visit for now that a good start; but do I have to revist the court 2years down the track to ask for more time if mother doesnt allow it?

 

[sammy01]

possibly. Magistrates cant read the future. They cant make orders for 50/50 care in 6 yrs time. But the magistrates also don't want to see families constantly in court.

IT is a bit of a mess. But the best you can do is delay. There is a good chance a magistrate MIGHT not provide final orders for a while, so provide an opportunity for it to return to court an a while, when the kid is older.