NSW Partner's Ex Refusing Visitation until Consent Orders are in Place?

[Hpflstpmum]

Just the once from 24/6 to 3/7. Next visit was meant to be 16/9 to 25/9. I'm just not sure what to expect from the first court date.

 

[Colambo]

Lordy, where do I begin.

This has been a very good read "AllForHer",,,

It has given me a greater insight of what I can do should the same circumstances happen to me., But i wanted to ask,, what if the child since Birth have been withheld from his grandparents, let alone myself for the majority of the time since birth. previous court proceedings also played a huge part in the Grandparents and the father not being able to see him. They were respectful of her wishes, but took a massive to on their life.
But after the whole charade of the first proceedings having completed and met the order. The father was coerced into returning back to the relationship. Grandparents would constantly ask for time with him, but the Mother of the child had it out for them, and refused time. The father was reluctant to oppose as he was aware that there was an undertaking in place even though they lived together. take note, the unit was A government housing which she obtained through the DV from the previous.
I wanted to ask if the same law applied if she has sent the child overseas to live. She stated, that she would much rather leave him. What are their rights if there are any that you are aware of?? please help me shed some light on these grey bits.
The lady mind you is a not a national.
manipulated and coerced the father into sponsoring her visa as it was due
burrowed money from the same People she is withholding the child from
She the benefits of Government.
All the while she has sent the child to live/ her agenda questionable through her actions
when the father stayed with them the second time while their son was overseas was not aloud to speak to him
Her mother would not allow it
though being asked time and time again for them to make contact it was left under the table
Time went by, They spoke and watching on. His Son was Calling Her Older brother DADDY.
They "Her Family" had no objection to it and somehow they were ok
The father left with no identity
Father asked for the son to come back at the time agreed, she refused
The father opted and suggested many plans that were could work out and just be co parents but it was not her plan
Grandparents also asked to help only to be rejected and taunted

The list goes on but, judging by that.. What would be the be their best step?

Thank U

 

[AllForHer]

Well, as always, the first step is to organise mediation with the mother to try and negotiate an agreement, or otherwise, to get the s 60I certificate to file for parenting orders through the Court.

I am a bit confused though, did she send the child overseas?

 

[Colambo]

Well, as always, the first step is to organise mediation with the mother to try and negotiate an agreement, or otherwise, to get the s 60I certificate to file for parenting orders through the Court.

I am a bit confused though, did she send the child overseas?

HiAllForHer.

Thank you.. i have been trying to find a solution to this on going dilemma but considering there is an undertaking involved wich the "assumed" defendant must comply to and which he has been. He is not in contact with the mother. Her last statement via txt was " My family are ................ (parents included) if you want to see your son pay X amount of dollars.. and you wont see him through me. DONT CONTACT ME AGAIN"... ( father following her statement and knowing her capabilities to twist actul events and use them to persecute the him) he complied. She has done the same before and reported him to police,. The child has been Sent overseas. The father was lured in by her for the second time only so she could coerce him into Signing documents for passports and consent to travel. There was an agreement that her family would ensure that i be contacted and notified daily as agreed. But under no circumstances was that ever followed through with thier family overseas.. So the son nearly 2 has since started to call her family member daddy, all the while im witnessing this, she lied to her mother saying we were not together all the while we were living together in the same house. He told the mother that, you can easily teach the baby to learn how to call him Uncle but she had no plans in regarda to that. I sincerely believe that her main reason for the fraudulent relationship with the father of the child was a mere ploy to obtain residential status here in Australia.. There are other evidence to show that. So yes thier son is overseas and recently she has asked for the father to fill an affidavit to register his birth, Father was not convinced that it was her real intentions as the paperwork she sent me was totally different from the actual affidavit form of the Country. She pushed for days for the forms using the son and her story regarding registration of birth to try and coerce the father to comply, then later turned around and stated it will be his fault if the child changes names.. But clear evidence shows that under no circumstance did he agree to such allegations.

She is also trying to extort am X the X amount of money stating he should pay The X amount to maybe see his son as evidence show it only states that She Will Talk About Him and henceforth.

I dont know what his position is now, and many time his family here has tried to have time with the child but debied access by the mother. (Tactics to manipulate the father to do what she says)

The father believes that he was targeted from the beginning and that he has sufficient evidence to prove that there are other people within the same network that are involved..

But thats for the other Authorities and. Government bodies to investigate..Which will in turn prove the truth and help with his case..

Sorry for the extra details..
So yes in the end She sent him there and don't have think have any plans to return him, knowing that the country is not a member of the Haige Convention..

Thank you AllForHer.. Hopeful that this is indeed the right path.

 

[AllForHer]

Okay, so the biggest challenge here is that the child is overseas in a non-Hague country, which basically means that unless dad moves there, too, and pursues the matter under their jurisdiction, his options from Australia are zero. Even if he was coerced into signing the passports (which doesn't sound like the case here), it's a non-Hague country - Australian orders can't compel the child to be returned to Australian soil anyway.

Regrettable, definitely, but other than suggesting speaking to a lawyer, I really have nothing else to offer until the child is returned to Australia.

 

[Colambo]

@AllForHer .

I somehow knew that you were going to say that. Thats ok. He'll do what he can here because even moving there and persuing the matter on their terms and their law is a battle already lost. Its Happensd before and it will happen again. The Law over there is easily baught.

Until now still no contact with his mother and just waiting to see if she had a change of heart. Father being doubtful, he has taken the necessary steps to ensure the right Governing bodies and Agencies are aware of the fraudulent activities that they are committing.

Thank you kindly for your advice.. I will ensure it is passes on.
If anything should arise then be sure to hear from me again..

Many thanks AllForHer.