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Separation of families

chargehand01 by chargehand01 Talking(December 2006) (rank 210th)

This is a sad story with a good ending and heavy thoughts for families who separate for whatever the reason.

My fiancee and i got together just over 3yrs ago(Dec 2003) and she had 2 boys then aged 3 and 5. The boys were on a week on and

week off basis between their mother and father of which the father never took much notice of the boys and there was always some one else looking after them when it was his turn to have them. When he was told that we would be moving to Sydney we thought all was cool, so we made all the arrangements to move and i got a job in the first couple of days of looking for work and we got a house within a week.

We had hired a truck for the move and got it all loaded and sent it on its way. Then the time came for us to pick up my fiancees boys from their father, upon arrival at his house to get the boys, he had sent them off with the grandmother (unknown to us at the time) and would not tell us where the boys were. Police were called and they told us that there was nothing that neither the police or us could do because there were no court papers and the father was laughing at us behind the officers backs. To him the world is only as big as Albury/Wodonga and he didn't want the boys mum to leave Albury or start a new life. The officers were disgusted at the fact that he was using the boys as a weapon to get what he wanted.

The battle was started in Court and almost 12 months had passed by the time the case was fully heard and the decision was given that he was given residency of the boys. By that time the boys had what the courts called "a bond" with his family and we had to travel 536Km each way every fortnight for my fiancees visitation so this effectively was taking things off my son because of the travel cost and he was laughing at the fact that he hardly had to travel. Then October school holidays this year (2006) we went to Yass for an arranged pick up so that the boys could come up to Sydney with us for the school holidays, We got back to Sydney and upon returning home from a fire call, the father had rang and told us that we had the boys full-time. This was great news for us both so we started to get the paperwork going at court at the fathers request, then he dropped the bombshell and told us that he never had any intention of signing it. So my fiancee was very upset and confused about what to do as we also have a 13 month old son of our own. The Father of the two boys says that we should "do it for the boys"(which has become his favorite saying or "think of the boys and not yourself") and forget the courts and ignore the court orders that are in place, BUT the problem is we cant force him to sign the papers and if one of his family get their nose out of joint, they could ring the police and say that she kidnapped them and then we would have to prove that she didn't.

The worst part of this is that the father didnt even tell the boys that they were coming here to live until they were here and in my opinion he wasnt thinking of the boys even though they wanted to live with us for a long time and he wouldnt let them. my thoughts are that the boys may be feeling unwanted or even dumped.

My only advise is for the ladies to know their partners and hopefully never get into this situation

 

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janicepovey
November 2008 | janicepovey
Re: Separation of families

 Thanks for sharing this...it is only the children that suffer in separation's....and some adults should learn how to act like adults. I wish you all the very best.

Cheers Janice



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cookclan
January 2007 | cookclan
Status Quo
Hi there if you have had the boys since october you have the status Quo I think that is what they called it when we went through court but I agree with Lexi get papers in place immediately to protect yourselves and the boys......
Cheers
ANgie


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lexiw
5.00 (Excellent) | January 2007 | lexiw
I just have to say

That if you should still go back to court. It is so important to have those papers in place. Even if he dosn't sign the papers the courts can still put papers in place to say that the boys reside with you. This is great advice you just have to add that The court papers really need to be in place for the childrens sake.

 Lexi xxx



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      lexiw
January 2007 | lexiw
I just have to say

I made amistake please take out the if in the first sentence.

 



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           chargehand01
January 2007 | chargehand01
I just have to say
thanx for the comment we were looking at that very seriously, but we are more worried about the boys being dragged through court again, it was scary enough for them last time and it dragged out over 12 months. we have initiated a safety net via the local police, DOCS, and the school, our solicitor seems to think we have taken the right steps and their father would stretch it out again and take them back and lie just to get what he wants. Its a rock and a hard place decision.


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meggles
5.00 (Excellent) | December 2006 | meggles
system sux
In my job I see this stuff all the time. Cases where there are no orders and child/children are torn between parents and other relos and is so sad. Then years later you here one of the parents say I don;t understand why they are so messed up. DER. My thoughts are with you and I hope things settle some new legislation came in july06 unsure of all the bits but keep trying to work it out. They also lowered the age that a child's request was taken into accout from what I hear. Hope things work out.


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mummyto4ferals
5.00 (Excellent) | December 2006 | mummyto4ferals
thanx so much for your article

i am so sorry to hear of all the stress and pain you and your partner are going through having your kids taken from you would be like having your heart riped out. my ex hubby is very good with the kids at moment  i have them for 10days then he has them 4 days. It's ok but i still feel that the 10 days go to quickly as it use to be every second week end he would have them but now he is working in the mindes so what can ya do. 

My current partner and I are having some probs as he doesn’t treat my 3 boys the same as he dose our daughter we have together. Im scared to leave (not that I want to but have thought about it some times when things have really been not so good) as I think he would do a similar thing to your partners ex boyfriend. I know he would lie  and cheat to get full custody of our daughter.   Any ideas on what I should do if I did decide I wanted to go ? To avoid him trying to take her away from me. I would never stop him from seeing her but he would have to know that I would have  the main custody as I am her mum  after all



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      chargehand01
5.00 (Excellent) | December 2006 | chargehand01
thanx so much for your thoughts
Its funny I'm a bloke and i am almost getting watery eyed as we have been there and i know how it feels even though these are not my boys. There isn't much you can do other than if you do decide to leave just be careful as the courts can be funny with family law. You have to prove that you are the primary carer and even that can backfire with the lies that the other parties can throw at you. Regrettably the only solution is to try and get temporary orders in place which means going to court but then the other party knows what your up to and might try to beat you to the punch. But you cant let the bub go with him as he can leave the area and you will have trouble getting them back especially if it takes a while to find them and i don't know how each state is on the residency laws as they don't call it custody in NSW. Also there is nothing you can do to stop him trying to take her except to disappear but then you daughter would suffer and courts would frown on you. The best thing i can say is do what your heart says is best for your children. If he finds out you are leaving he can get orders in place where you are not allowed to move out of town or interstate and you dont have to be there for these orders to be enforced.


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           mummyto4ferals
December 2006 | mummyto4ferals
thanx so much for your thoughts

thanx  so  much for your addvice i think ill have to give every thing a good think before i decide on what i want to do why does life have to be so hard, 

thanx again and best of luck to you and your family



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      meggles
December 2006 | meggles
thanx so much for your article
talk to legal services. IN australia from july 06 its auto 50/50 till court papers drawn up as far as I know and mediatation is legally required pre court. There are family relationship centres set up now all over australia. know your rights first. I expect most countries would have a legal rep who would be able to assist you


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           meggles
January 2007 | meggles
thanx so much for your article
I hope you are right, the solicitor who came to work told us its 50/50 until court. you go to a family relationship centre for mediation and it goes from there. Its a scary prospect My ex threatened me with it too but at the end of the day he did not want the responsibility!


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           liddia
January 2007 | liddia
thanx so much for your article

Hi. I just thought that i would leave a brief comment regarding the 50/50 care.

My ex and i have been separated for over 12 months now, and the children have been with me for the majority of that time. He has them every second weekend, and for additional time during the christmas holiday break. Late last eyar, my ex threatened the 50/50 shared care of the kids. I am totally against the arrangement myself, even though i respect that it works for other couples. I was terrified that he was going to take my children from me as we didn't and stil don't have any legal documents outlining the care of our children.

 I talked to a solicitor regarding the matter ( our property settlement is not yet concluded and his paying me cihld support is a major factor behind the threat) Now, in a nutshell what this solicitor told me was this. It is not "automatic" as such. That 50/50 care does NOT necessarily mean 50/50 time with each parent, but rather 50/50 of the decision making about how the children will be raised. The court will STILL take into consideration what it deems to be in the "best interest" of the child, not the parents! If the court feels that the child wil not benefit from 50/50 care than other arrangements will be made,much the same as before. However, the new system makes it easier for ex's to have greater acess to their children should their partner proove to be unreasonable regarding acess. If the child has been living with 1 parent for the majority of the time that is also taken into account because they have settled into a routine, and the court will avoid disrupting that routine as much as possible. You can come up with a "parenting plan" between yoursevles (that is the parent and the ex) and have it ratified by the court without going through a drawn out custody battle, IF the 2 can agree. A parenting plan is legally binding, just like court orders are, and can not be changed without the approval of the court. If you can come to an agreement, then that is the easiest way to go. I SHOULD take my own advice and have a parenting plan of my own, i don't and pray to God that i will never need one.

Good luck to all of you, especially those of you who are having a terrible time with your spouses/partners , both current and ex.

PS: ok so this wasn't as brief as originally panned.lol. but i hope it helped a little



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exquisite-flower
5.00 (Excellent) | December 2006 | exquisite-flower
Too hard
I wish you and your fiancee every success with the boys and the courts.  I am in a fortunate situation where the father has absolutely no interest in my daughter.  It hurts like billy-o.  But at the end of the day there are a bilion little ways where your lives have been made hard that mine isnt, and for that i am daily thankful.  His interest is so little that he just doesnt even bother playing the games.  Thank you for taking the time to write this and share with us.  It is a hard life when people play silly games with the lives of children in the balance.  Good luck and I hope everything turns out right. Those kids deserve loving and security.
Peace
EF.x 


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Natz2010
December 2006 | Natz2010
I agree

I wish I had Known what my ex husband was really like BEFORE I married him.

 



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