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  1. #11
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    Quote Originally Posted by Amara View Post
    I think if there are no orders in place either of you are free to take the child on holidays interstate. You would also be free to move interstate but he could take you to court and get an order to bring you back at your own cost.
    Yea that is what im worried about. I know he would get an order just to try **** me off and mess with my plans, even if he didnt want to see his child. He does things out of plane spite so I can see this happening.

  2. #12
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    yup, what others have said, unless he agrees sole custody won't happen unless very extreme grounds. Courts are moving away now from ordering 50/50 time I understand, particularly for young children, but the law says the child has a right to know and spend time with both parents.

    Regarding interstate stuff, I agree with Amara. If no orders are in place, you can take the child interstate, but he can get a return order. Moving interstate with kids of a separation is I believe difficult, tho I haven't experienced this.

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    You can find the stastics given by the court > Shared Parental Responsibility Stastics - 2008/2009

    It is only a small sample from the number of actual cases and it tells you the parametres that are used, so as with all stastics take it in light of what its restrictions are. You can see that there is an extremely small percentage of cases in which there is absolutely no contact.

  4. #14
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    20% of children have no contact with their father within 3 years of divorce, and 50% never visit their father's home, so probably not that hard. In my case I got sole custody the moment I told him I was pregnant - whoosh, he was off like rat up a drainpipe.

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    Quote Originally Posted by sweetperfectchild View Post
    20% of children have no contact with their father within 3 years of divorce, and 50% never visit their father's home, so probably not that hard. In my case I got sole custody the moment I told him I was pregnant - whoosh, he was off like rat up a drainpipe.
    Is that because the fathers choose not to be involved in that capacity though or because the courts have said so?

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    Quote Originally Posted by sweetperfectchild View Post
    In my case I got sole custody the moment I told him I was pregnant - whoosh, he was off like rat up a drainpipe.
    Do you actually have Final Orders that state this, or is it circumstance? I only ask because without Final Orders, FOB can walk back in at any time and the default position is 50/50 and you'd have to fight to get it changed.

    As others have said, it's very difficult under the new systems to get 'sole custody' as a Final Order.

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    Quote Originally Posted by MickQLD4110 View Post
    Do you actually have Final Orders that state this, or is it circumstance? I only ask because without Final Orders, FOB can walk back in at any time and the default position is 50/50 and you'd have to fight to get it changed.

    As others have said, it's very difficult under the new systems to get 'sole custody' as a Final Order.
    He's tried very hard to get me to sign away his parental responsibility and I won't. I have so much in writing to that effect that the court just granted me a passport for her without trying to contact him. Ironically, I'm really pro-dads. I'd be completely happy to have 50/50. Sadly, he's not pro-babies.

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    Quote Originally Posted by sweetperfectchild View Post
    He's tried very hard to get me to sign away his parental responsibility...
    That's really sad. I couldn't live without my monsters.

  9. #19
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    He pays child support and he gave her some awesome genes, and I understand why he feels the way he does. But it is sad for both of them.

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    Which lawyers did you go through?


 

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