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  1. #1
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    Default Keeping mom from moving how do we

    Ok so we will be asking for mediation and eventually going for shared. care or full custody. But in the past BM would move change numbers etc she has been doing it for years to hide the kid from my hubby what can we do so she can't move on us so we can get this going once she hears we want mediation she will scatter no doubt

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    My BIL was going through the exact same issue and even went to the police.. The police informed him that the parenting plan that you do at mediation means nothing to them, so basically she can still do a runner.. I would go straight to court n organise to get a custody agreement done. The parenting plan does help the judge to decide custody though..


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    Why the hell do hey make you do mediation first then? So what if we convinced a visit from her and did a runner if the kid didn't want to go back? What a stupid system so we basically have to waste our time tracking this $&@!) down over and over.

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    If you have soild reasons to think that the BM will relocate with the children you can apply to the Family Court for an injunction preventing the children from leaving their current address while you are going through mediation and until parenting orders are made.

    Alternatively you can also seek an exemption from mediation and file immediately for parenting orders if you have solid reasons, including evidence, that the BM will take off once she is notified of the mediation.

    Your partner will only get full custody (not called this anymore but will go with it for the sake of this post) if there is strong evidence that the children are unsafe with the BM.

    If you haven't been in Australia long and it has been a while since your partner had the children staying with him for any lenfth of time then shared care probably wouldn't happen immediately, it would be something that could be worked towards gradually.

    Your partner needs to see a lawyer for advice.

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  6. #5
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    Quote Originally Posted by louellyn View Post
    If you have soild reasons to think that the BM will relocate with the children you can apply to the Family Court for an injunction preventing the children from leaving their current address while you are going through mediation and until parenting orders are made.

    Alternatively you can also seek an exemption from mediation and file immediately for parenting orders if you have solid reasons, including evidence, that the BM will take off once she is notified of the mediation.

    Your partner will only get full custody (not called this anymore but will go with it for the sake of this post) if there is strong evidence that the children are unsafe with the BM.

    If you haven't been in Australia long and it has been a while since your partner had the children staying with him for any lenfth of time then shared care probably wouldn't happen immediately, it would be something that could be worked towards gradually.

    Your partner needs to see a lawyer for advice.
    You need pretty solid evidence and there are no guarantees that the court will agree, but in the event she moves they can issue a thingy to make her come back (depending on how far she's gone etc)
    With mediation you can come up with a parenting plan then get this plan turned into consent orders- these are legal orders and if breached there are penalties. State police cannot enforce these orders though- it's a federal matter.

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    Lol the kids dad is fine with them being here he was willing to sign them over to my now husband. I guess me not trying to go at him for support and caring well for his kids goes a long way to not having to argue or fight him on stuff I don't bad talk him, he could see the kids whenever and I never asked him for anything so maybe he can look at a situation and not be blinded by anger and want to fight me on things he is all for them being here it is better for them.
    Last edited by DQ; 20-12-2011 at 12:43.

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    He has begged to spend time with his dad, he wants a relationship with him. It's not the money I whinge about its having to pay (more than 30 now) and being refused visitation etc it'sore complicated than you know and if you knew whole story you would find it repulsive I think

    We have no problem providing for him, we will do much more once she decides she would like to do what is right for the child and that is too have a healthy relationship with his dad
    Last edited by DQ; 20-12-2011 at 12:44.

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    I understand that it sucks in a big way to not see the child but I think you also need to recognise that access and child support are two separate issues. And thus moving on from "I whinge about its having to pay (more than 30 now) and being refused visitation etc". Just because you dont see the child doesnt mean that the child isnt entitled to your husbands financial support just as much as if he was actually seeing your husband? The only difference being if he actually had the child in his care for overnight access he would be meeting some of the costs directly, so while you are fighting for more access is the child not still entitled to your husbands financial assistance. (And I fully recognise that you will probably come back with the child never recieves that money) but at least you can say he stepped up and did the right thing no? .

    The sins of the parents are not that of the child.

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    Do you know what her reasons are for keeping the child away from him & always moving?

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    Quote Originally Posted by Maia View Post
    I understand that it sucks in a big way to not see the child but I think you also need to recognise that access and child support are two separate issues. And thus moving on from "I whinge about its having to pay (more than 30 now) and being refused visitation etc". Just because you dont see the child doesnt mean that the child isnt entitled to your husbands financial support just as much as if he was actually seeing your husband? The only difference being if he actually had the child in his care for overnight access he would be meeting some of the costs directly, so while you are fighting for more access is the child not still entitled to your husbands financial assistance. (And I fully recognise that you will probably come back with the child never recieves that money) but at least you can say he stepped up and did the right thing no? .

    The sins of the parents are not that of the child.
    I agree and he has always paid what he was told to pay for 7 years now just we would be able to actually get him stuff if we saw him.


 

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