QLD Mother Denying Access - Family Law Rights?

[Migz]

Hi All,

Where do I stand?

1. There are currently no AVO's, DVO's, parenting orders, custody orders, consent orders in place with regards to my daughter.

2. So this evening I email the Mother to find out when the Daycare Christmas Party is on? This is the response.

"I believe it's on 2nd December. I will not be attending as I have to work so at this stage, you haven't been invited as you're not authorised to be there. Her Aunty will be attending. Next year will be different when she's old enough to understand what is happening. "

3. What are my rights under Family Law as a father to attend the Daycare Christmas Party with my own daughter?

4. The not allowed to pick up from daycare/attend daycare has all been put in place by a spiteful mother. So far I haven't pushed the issue but this is one thing that has me seeing red.

Cheers

 

[Lance]

Hi,

I obviously don't have all the details of your situation but it sounds like the reason you cant attend is because the mother has put your daughter in day-care independent of you. That means the day-care doesn't have you down as a guardian.

I'm a father of 5 and when my wife enroled my kids in day-care she had to authorise me as a guardian to be able to pick them up. Its a pain, but its a system that prevents strangers from being able to take your daughter.

In parenting / custody cases some parents won't allow the other parent authority to take the kids out for fear of parental abduction. I can only suggest that you undertake mediation and have a parenting plan put in place and then look at parenting orders / consent orders.

 

[sammy01]

You can just show up - call the place and ask...But you wanna think long and hard. Mate, she has all the power at the minute. Get yourself to mediation and get yourself to court if you have to. So you could rock up - just to prove to her that you can and you will win the argument. Then you're ex will be upset with you and make life difficult.

I would suggest if you're crazy enough to go, then you speak to the daycare centre, confirm with them that they don't have a problem with you attending, then inform the ex of such and attend, but expect your daughter not to be there...

Mate, sounds like the fun has just begun for you as far as family law goes... Patience is a great idea.

 

[Migz]

Thanks guys, well I don't see what the problem would be if I was there, but purely in the capacity of being a supportive Father for my daughter, I'm not there to remove her from daycare.

Yes mediation has already taken place, but she torpedoed that, at the 11th hour, pre mediation had even taken place. Then got a phone call from the mediator saying that mediation wont be going ahead the next day, but the 60 I Certificate will be issued as a Type (e).

I continued to ask the question as to why, and what had happened and was just told by the mediator that she wasn't at liberty to discuss it any further. Court date is in December, but with no Mediation taking place we have now missed out on the valuable opportunity of being able to thrash out out prospective Parenting Plans.

Patience and holding your tongue is a great idea you are right.

 

[sammy01]

Mate, go to court. She clearly isn't going to agree for you to see the child so get a magistrate to agree. Without stating the bloody obvious based on your current situation, you'll get more time with your child through court than through mediation... How old is the kid?

 

[Migz]

Thanks Sammy01. She is only 7 months so going through that "formative time", and I currently get to see her fro 2 hours each Saturday Afternoon, but even then it's a struggle, as the Mother enjoys moving the time slots around.

I believe you are right that a Judge will see through it all and just lock down some hours for me and more than 2 hours, and I will be right until it goes to final orders.

 

[sammy01]

Mate, at 7 moths old you're not likely to get a hell of a lot of time. Might not get overnights. But if the kid is is pre-school, then that is worth bringing to judges attention. What sort of time are you after?

 

[Migz]

Yeah no overnights till 18 months to 3 years, I've been told. I'm just chasing 3 x 2 hour blocks per week at the moment.