NSW Separation and Temporary Child Custody Orders?

[Jane1972]

My daughter has recently separated from her partner (separation). They have 2 year old daughter and have not yet been to any legal advisers. He wants to have her for a weekend but because he has been so difficult in harassing and bullying my daughter, I ear he will simply not return their daughter to her mum.

What temporary legal direction under family law could we take to save anything like this happening (custody of children)? Until we can get access to legal aid. Thank you.

 

[AllForHer]

There's no temporary legal direction either party can take - both parties have equal shared parental responsibility and are therefore well within their capacity to make decisions about the child, including who the child lives with. If the father withholds the child, the mother can apply for a recovery order to have the child returned to her care.

The parties should organise a family dispute resolution conference as soon as possible to discuss and try and reach agreement about care arrangements for the child. This is mandatory before court proceedings can commence. If the parties are unable to reach agreement, they'll be given a s60i certificate enabling them to file an initiating application for parenting orders with the court.

I don't advise withholding the child's time with her father. Even if the father and mother don't get along, the child has a legal right under s60B of the Family Law Act 1975 to know, spend time and communicate with both parents on a regular basis. Being seen to violate that right is rarely ever favoured by the court, and it will likely be considered emotionally damaging to the child and a demonstration of the mother not supporting the relationship between father and child.

However, ensure your daughter gets everything in writing. If an agreement is made about the child spending time with the father, ensure the commencement and return times are in writing with agreement from the father.

Hope this helps.

 

[Jane1972]

There's no temporary legal direction either party can take - both parties have equal shared parental responsibility and are therefore well within their capacity to make decisions about the child, including who the child lives with. If the father withholds the child, the mother can apply for a recovery order to have the child returned to her care.

The parties should organise a family dispute resolution conference as soon as possible to discuss and try and reach agreement about care arrangements for the child. This is mandatory before court proceedings can commence. If the parties are unable to reach agreement, they'll be given a s60i certificate enabling them to file an initiating application for parenting orders with the court.

I don't advise withholding the child's time with her father. Even if the father and mother don't get along, the child has a legal right under s60B of the Family Law Act 1975 to know, spend time and communicate with both parents on a regular basis. Being seen to violate that right is rarely ever favoured by the court, and it will likely be considered emotionally damaging to the child and a demonstration of the mother not supporting the relationship between father and child.

However, ensure your daughter gets everything in writing. If an agreement is made about the child spending time with the father, ensure the commencement and return times are in writing with agreement from the father.

Hope this helps.

Thank you very much! My daughter really wants to have a good communicative relationship and for him to have quality time it just seems he is very angry hurt at the moment and being aggressive. Hopefully it will settle down. Your information is so very helpful .thank you.