If the father isn't currently seeing the child at all, he really has nothing to lose by going to Court, does he? Even as a self-represented litigant, the Court may grant him more time than he's getting now because the actual legislation for family law falls very heavily in his favour.
Will he get a fair chance as a self-represented litigant? Provided he doesn't fall into the trap of turning it into a mud-slinging match.
My husband self-represented throughout proceedings for his then-3yo daughter. His ex-wife also refused time between father and child when he entered into a new relationship, and went the extra mile of seeking a DVO. Time went from alternate weekends and one overnight each week to nothing at all, so he started the process for resolution, got a parenting plan for three nights a fortnight, then filed for parenting orders shortly after. Ten months later, we won 50/50 care.
I will say that 95% of cases that are initiated in family law are resolved by consent, and ours was one of them. Despite claiming violence, unfit parenting, even insinuating sexual abuse at one point, her case was severely damaged by her own actions - obstructing the child from seeing her father, interfering in every holiday period, creating domestic disturbances and calling police any time she felt the child should have been in her care instead of his, going on wild tirades about and to his new partner (me).
Our tactic was always to take the high road and never descend into mud-slinging, because things would either get better, or she would take enough rope to do the damage to herself, and after being berated several times by the Judge at interim hearings, it was very clear she was going down the path of the latter.
In the end, I think she had some firm legal advice that if she went to trial, it could turn into a dispute about residency, rather than just time spent with, which may have been what compelled her to settle. She had racked up $20,000 in legal fees and faced another $8,000 or so if she went to trial. It didn't cost us anything bar filing fees.
50/50 has been in place now for nearly two years and is going very well for the child, too.
Anyway, end game: if dad is not seeing the child at all right now, he really has nothing to lose by taking the matter to Court, even if he is self-represented.
Will he get a fair chance as a self-represented litigant? Provided he doesn't fall into the trap of turning it into a mud-slinging match.
My husband self-represented throughout proceedings for his then-3yo daughter. His ex-wife also refused time between father and child when he entered into a new relationship, and went the extra mile of seeking a DVO. Time went from alternate weekends and one overnight each week to nothing at all, so he started the process for resolution, got a parenting plan for three nights a fortnight, then filed for parenting orders shortly after. Ten months later, we won 50/50 care.
I will say that 95% of cases that are initiated in family law are resolved by consent, and ours was one of them. Despite claiming violence, unfit parenting, even insinuating sexual abuse at one point, her case was severely damaged by her own actions - obstructing the child from seeing her father, interfering in every holiday period, creating domestic disturbances and calling police any time she felt the child should have been in her care instead of his, going on wild tirades about and to his new partner (me).
Our tactic was always to take the high road and never descend into mud-slinging, because things would either get better, or she would take enough rope to do the damage to herself, and after being berated several times by the Judge at interim hearings, it was very clear she was going down the path of the latter.
In the end, I think she had some firm legal advice that if she went to trial, it could turn into a dispute about residency, rather than just time spent with, which may have been what compelled her to settle. She had racked up $20,000 in legal fees and faced another $8,000 or so if she went to trial. It didn't cost us anything bar filing fees.
50/50 has been in place now for nearly two years and is going very well for the child, too.
Anyway, end game: if dad is not seeing the child at all right now, he really has nothing to lose by taking the matter to Court, even if he is self-represented.