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danielfield
danielfield | February 2009

HOW DOES IT WORK

hi i just need a little advice i am recently single i have two beutiful children of which i am not allowed to see. Not by court order but by the order of my ex. it has been 5 months since the separationand 2.5 since seeing m kids last. I am a good  father and i dont quite understand the hostility. is there any way i can force her to let me see them while waiting for the painful court process one child is 2.5 and the other is 5 months THEY DONT DESERVE THIS. please any advice would be helpful maybe someone has been through this before.



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richnicole
February 2009 | richnicole
Re: HOW DOES IT WORK

You need to get some legal advice, if money is an issue you can contact the Law Institute of Victoria.  They will provide you with a referral and then that entitle you to have a free 1/2 hour consultation with one of many lawyers they refer to.

Babies need their Dad's just as much as their Mum's.

Good luck and hope this is of some help.



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      danielfield
February 2009 | danielfield
Re: HOW DOES IT WORK

HEY, THANKYOU FOR YOUR REPLY AND YOUR ADVICE!!:) NOW HERE ARE THE STEPS I HAVE TAKEN PLEASE TELL ME IF I MISSED SOMETHING. 1) FROM THE FIRST DAY I HAVE PAID CHILDSUPPORT 2)I CONTACTED AND INITIATED CHILD SUPPORT AS WELL AS A MEDIATION PROCESS THROUGH THE FAMILY RELATIONSHIP CENTRE. 3) CONTACTED LEGAL AID AND ALL THEY RECOMENDED WAS TO WAIT AND THEY CANT DO NOTHING UNTIL MEDIATION IS OVER 4) WAITED AND BIDED MY TIME WHILST I MISSED OUR ON MY DAUGHTERS 2 BIRTHDAY AND OTHER GIRLS FIRST CHRISTMAS SHE CHANGED HER NUMBER I CANT GET IN TOUCH WITH HER AND IF I WENT TO THE HOUSE WHERE SHE IS RESIDING I WILL BE CONFRONTED BY NEW BOYFRIEND AND FATHER IN LAW OF WHICH I REALLY DONT WAQNT MY KIDS TO SEE. I HONESTLY HAVE DONE ALL I CAN AND IT JUST SEEMS THAT NO ONE GIVES A DAMN. THANKYOU FOR YOUR ADVICE DANIEL



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llmunchkin
February 2009 | llmunchkin
Re: HOW DOES IT WORK

From what I understand, without a court order or AVO, your wife has no right to stop you having access to your children.  Check out this site for Family Relationship Services Australia and see if you can get a mediator/counsellor to take on your case.  I wouldn't discuss it with your wife, things may get nasty if she realises that you are trying to excercise your rights as a parent, let the experts handle it. 



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      danielfield
February 2009 | danielfield
Re: HOW DOES IT WORK

YES  YOU ARE RIGHT SHE DOESNT HAVE THE RIGHT BUT I CANT DO ANYTHIND IF I GO THERE IT WILL ONLY CAUSE A SCENE SHE NOW LIVES WITH NEW BOYFRIEND AND STEP DAD IT IS ALL ABOUT THE KIDS BUT SHE IS JUST SELFISH

 



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Tadpole
February 2009 | Tadpole
Re: HOW DOES IT WORK

I don't know what the family court is like in your area but the ones I have been to (Newcastle, Sydney) have been in favour of both parents in regards to access. My solicitor even had to fight to try and stop a man from having visitation to his kids who was on trial for murdering two of their siblings. As far as I am aware it is extremly hard for one parent to get full custody of the Children and the other parent not have visitation. What I would do whislt waiting for the court is  (Do you have a mutual friend or family member she would trust?) Suggest that she take the kids to a place where you are all familiar with where you could see the kids for 1/2 an hour to an hour. I know it is not ideal for you but at least you will get to see your kids and build a bit of trust if it goes well untill court. Good Luck and please what ever you do don't give up on your kids!



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sonalichouhan
February 2009 | sonalichouhan
Re: HOW DOES IT WORK

You have equal rights to meet the childrens as your wife. Till the court declares the rights you should be allowed to  see your kids. You should in some or the away involve the police or an lawyer to sort out the issue.

And also you  can try meeting them in the school during the school hours.



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grannyjack
February 2009 | grannyjack
Re: HOW DOES IT WORK

The first thing I believe you should do is to get a lawyer, and petition for access to the children whilst awaiting your court date. Her hostility probably stems from you hurt her - she wats to hurt you.

Another option is mediation in the Family Court system.

Hope this helps,

grannyjack.



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Lissi
February 2009 | Lissi
Re: HOW DOES IT WORK

Hey there,

I dont wish to scare you, but i have a friend who has been to hell and back again trying to get access to his kids.. she told a huge amount of crap about him to cousellors at community connections etc and they even wrote a letter based only on what she said to say that its in the childrens best interest that they dont have any contact with their dad at all!! Honestly, dont give her any reason to get a restraining order on you.. my friend figured out only approaching her could make that happen depending on what she relayed to the police as her version of the story. He is basically goin on over a year and a bit not having seen his kids at all and even having to get legal advice to send a letter to them to let them know he cares which i think hes been refused also.. He was diagnosed with depression and this is what she based her restrictions on.. honestly i dont believe when he goes to court next that he will be refused access but hes already gone thru 3-4 adjournments and its really hard on him.

Sadly she cannot be forced and anything you do will go against you, write down all you can recall, conversations, events and any written evidence that shes keeping the children from you.. have you called her and asked to see the children? is there a rock solid conversation  that indicates that she is keeping them from you.. the court will frown on it and remind her that restricting contact without any threat to the kids prominant is grounds for removing custody of the kids and placing them in the care of a parent that caters to the needs of the children by allowing access to both parents.. basically a good solicitor is your best bet..

All the best from Mel



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DarkenedAngel
February 2009 | DarkenedAngel
Re: HOW DOES IT WORK

1. Seek legal advice. Most communities have a free legal advice service you can access.

2. Most communities also have a family mediation centre that can help you sort things out with her.

3. If there is no other way that she will come to the party, a family court order will force her to allow your children to see you. If she doesn't comply, she will be in contempt of court - which is not a light charge to have upon one's head!

It may seem harsh to take legal action to make sure you and your children still have a good relationship, but if she is hostile for no good reason, then I'm sorry but she deserves it. It's not about you or her, it's about the rights of the children to have a relationship with both parents.

It's all about the kids.



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      cheekymonkey
February 2009 | cheekymonkey
Re: HOW DOES IT WORK

I think you will also find that you MUST try mediation first now, before the courts will make any orders. Cos if you do apply to go to court, they are going to send you to mediation anyway. So best off seraching a Family Relationship Centre to get the mediation ball rolling and that way if it goes pear shaped and you end up in court it will show that you have made the correct steps in trying resolve it. And it provides you with the certificate needed to go to court.

Check out these for more info

http://www.familyrelationships.gov.au/www/agd/rwpattach.nsf/VAP/(D62ECA02E9E970A3F5DE1E3D75282A94)~Compulsory+Dispute+Resolution+screen.pdf/$file/Compulsory+Dispute+Resolution+screen.pdf

http://www.familyrelationships.gov.au/

http://www.familyrelationships.gov.au/www/agd/familyrelonline.nsf/Page/RWPFFDAE1FF77800FB5CA25721800038A30

also contact legal aid in your state eg legalaid.qld.gov.au etc if you are not in a position to pay for legal assistance.

 



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           danielfield
February 2009 | danielfield
Re: HOW DOES IT WORK

HEY, THANKYOU FOR YOUR REPLY AND YOUR ADVICE!!:)
NOW HERE ARE THE STEPS I HAVE TAKEN PLEASE TELL ME IF I MISSED SOMETHING.

1) FROM THE FIRST DAY I HAVE PAID CHILDSUPPORT

2)I CONTACTED AND INITIATED CHILD SUPPORT AS WELL AS A MEDIATION PROCESS THROUGH THE FAMILY RELATIONSHIP CENTRE.

3) CONTACTED LEGAL AID AND ALL THEY RECOMENDED WAS TO WAIT AND THEY CANT DO NOTHING UNTIL MEDIATION IS OVER

4) WAITED AND BIDED MY TIME WHILST I MISSED OUR ON MY DAUGHTERS 2 BIRTHDAY AND OTHER GIRLS FIRST CHRISTMAS

SHE CHANGED HER NUMBER I CANT GET IN TOUCH WITH HER AND IF I WENT TO THE HOUSE WHERE SHE IS RESIDING I WILL BE CONFRONTED BY NEW BOYFRIEND AND FATHER IN LAW OF WHICH I REALLY DONT WAQNT MY KIDS TO SEE.

I HONESTLY HAVE DONE ALL I CAN AND IT JUST SEEMS THAT NO ONE GIVES A DAMN.

THANKYOU FOR YOUR ADVICE

DANIEL



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