Kind of new to this whole thing but I'm hoping someone out there can help me!
My partner has a beautiful little girl, who is now 6 months old. Unfortantely before she was born, he and his partner ended their relationship. He is on the birth certificate, pays her child support as well as an extra payment straight into her bank account every week etc, has always been to visit his baby girl every chance he gets.. until now.
Baby's Mummy has since started dating another man, which is when things have gone weird. My partner is now being turned down every time he asks if he can go and spend time with baby, and the excuses are beginning to get slightly pathetic. Since the get go he hasn't been allowed to see the baby, unless he goes to her house which obviously isn't the most comfortable situation to be in.. and now even that isn't allowed. She has begun using the excuse that she is still breastfeeding, so baby can't be away from her at all as she is feeding on demand. The problem with that is she has spoken on several occasions with a mutual friend about how great it is that she hasn't been breastfeeding for a month now, etc etc. It also seems a bit strange that this particular excuse has only been used for the past couple of weeks, surely if that was the real reason she was denying access she would of said so from the beginning?
Basically I'm asking if anyone knows what his rights would be as a father when it comes to visitation. Myself, and his family have advised that he speak to a lawyer, however I think he is still wishing and hoping that everything can be settled in a mutual agreement between the two and the courts won't have to be involved. He understands that because she is so young night visits would probably be out of the question right now, all he is asking is for day visits, where he can take baby out and allow bonding time without feeling uncomfortable. He knows how important it is to step up to the plate and do what he needs to do for his child, and it's heartbreaking to see that baby's Mum wont let him.
Has anyone else been in a similiar situation? Or offer some advice, legal or not?
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29-01-2013 21:09 #1Junior Member
- Join Date
- Jan 2013
Fathers Rights - Please Help
30-01-2013 11:39 #2
hi ashkaay, Im sure someone from the single parents section will be able to give you the best advice. There must be some mediation, that doesnt involve lawyers, so it shouldnt cost anything?? but Im not in this situation so I hope someone else will be more helpful. marie.
30-01-2013 11:47 #3
Contact legal aide
30-01-2013 11:58 #4
I would be talking to legal aide firstly. Secondly i would be getting into contact with a mediator and mediating service. They will set you up to talk candidly with a mutual midiator to see if you can come to a mutual agreement that will not involve any court processes but to be honest it seems as if he might have a fight on his hands if in mediation they cannot come to a mutual agreement he can and will be given the opportunity to take it to court. Not cheap option but an option that may allow him to see his baby. Best of luck
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30-01-2013 12:27 #5
Re: Fathers Rights - Please Help
Your partner needs to contact legal aide and relationships Australia, they will get the ball rolling with mediation.
You have to at least attempt mediation, you can't just go to court.
If the baby's mum doesn't attend mediation or they can't agree on a parenting plan then they will both be issued with a certificate and can pursue the matter through court.
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30-01-2013 12:28 #6
Fathers Rights - Please Help
Yep go straight to legal aide. His rights are that he can see his child. He should also keep a diary of everytime he has tried making contact to see his daughter and she denied him access.
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