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  1. #1
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    Default Custody Agreement?

    The subject about not having a custody agreement in place has been weighing heavily on my mind of late. The kids father hasnt seen them in over a year now and was wondering if I should get one in place?

    Thanks Katie

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    If he doesn't see them anyway, I would leave it. don't fix something that's not broken iykwim?

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    I got legal advice regarding this recently after ex stopped seeing DD for 6 months.

    Either way if your ex was to take your kids you would need to get a recovery order, even without a parenting order in place you would be granted immediate custody back due to being the kids main carer and him not seeing them for so long, a parenting order won't rush this process along, nor will it stop him, if he wanted to take the kids he could but being their main carer they would be given back and he would then need to fight for custody.

    Hope that makes sense, still waking up after next to no sleep haha

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    My concern is that in regards to visitation the ex has made it clear that he doesnt want to visit the kids and still sees his daughter from a previous marriage.

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    Quote Originally Posted by Kayteigh View Post
    My concern is that in regards to visitation the ex has made it clear that he doesnt want to visit the kids and still sees his daughter from a previous marriage.
    After 12 months he would need to go through mediation and family counselling in order to regain visitation.

    Do you want him to see them?

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    I do but he lives 1700km from us and I only found this out because a friend told me

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    I guess in that case you could try and get in contact with him and see what he has to say. It would be hard with the lack of visits and distance but perhaps he could start with calling the kids and take it from there?

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    I got in contact with him a while ago with the number I had but he changed his number

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    So he doesn't want to see them?
    I know it's hard and it's sad for you, but honestly if you have to start forcing him to see the kids then it's not going to end well, they will likely end up constantly disappointed due to cancelled visits etc.
    You'd be better off just being that constant person in their lives and doing it without him.

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    My advice would be to let him contact or not contact. If you force the issue, it wont end well.

    IF by some chance he gets in contact and wants visitation, make it clear that you want orders filed before they are out of your care. That way there is no possibility of him trying to take off with the kids. (If he does the court will throw the book at him). For your peace of mind, and for the kids stability sake.


 

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