WA Mediation - Can I Get Court Order to See My Son?

[Bryan london]

Hi,

I have a 8-year-old son whom, due to working fifo, I only get to see one weekend a month. But due to me having a new lady in my life and we are living together all of a sudden, my son tells me that he doesn't want to stay at my house or see me with my fiance. We have had my son around once and as far as I could see, he was having fun with me and my fiance and he would even cuddle with her on the couch.

She has never pushed herself onto my son but allowed him to come to her but when he got home I was getting all these messages saying my son didn't have fun there and now doesn't want to come around at all. I haven't seen my son in about 4 months and his mother insists that this is his choice and I need to respect that.

I am just going through mediation right now but wanted to know what I can do now to get my time with my son. Can I get a court order saying that my ex has to let me have my son ?

 

[Hoang Trang]

Poor kid. Sees you only once a month and when he does, it's with your new partner. That's a lot to have to deal with emotionally for a 8yr old boy. He must feel confused and lonely?

You have some hard choices to make. Work less and spend more time with him. Look at how you and your partner interact with each other around him. If it's only once a month then he needs to feel safe, secure and happy. This takes time, patience and plenty of selflessness.

 

[AllForHer]

If mediation fails, then yes, you can apply to Court for parenting orders to see your child, probably the same that you see him now plus half school holidays.

At eight years of age, the child's opinion will be taken into consideration by the Court, but it's unlikely to be given much weight because he's really too young to make an informed decision about his own best interests. Kids are impressionable, so rather than taking the child's view at face value, it will most likely assign a family consultant to work out why the child is feeling that way and how it can be rectified. The child might be having some loyalty conflicts between your partner and mum, for example, or he might be feeling like your partner has taken you away from him, so try and be sensitive to that when your son is spending time with you.

 

[sammy01]

Get to court. But in the meantime, kick the girlfriend out for the weekend you're with your son. It will look better for you in court and it will give you some access to your son.

Inform mum that son won't be seeing fiancé and you want to continue with your visits. Do it all in writing / email so you have copies to help your case in court down the track

 

[Rod]

but when he got home I was getting all these messages saying my son didn't have fun there

Sounds like the mother doesn't want a 'replacement' around and has nothing to do with your son.

I'd be suggesting that unless visits resume you are in court asap. I'd not let the ex dictate when my new lady can be around. That is a matter for a court to decide, not your ex.