VIC Access orders

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Worried and confused

Active Member
27 June 2018
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Briefly, 4yo currently ordered by Court to spend 2 nights with father every second weekend. Hysterical at changeover to the point of being physically sick. Order also allows parents to call child daily whilst child is not in their care. Mother calls once fortnightly and keeps it brief (and is told she is overbearing) father has never called in 3 years nor has he ever made up time for missed access visits. Child anxious every fortnight. What are the consequences if child is not handed over? Mother happy to try one overnight visit instead of two nights. Mother has requested family counselling, father refuses. Can mother withhold child until family counselling/family report. Absolutely no physical abuse but father tells child that his mother and grandparents are really horrible etc. which adds to child's anxiety.
 

Worried and confused

Active Member
27 June 2018
14
0
31
Firstly, thank you so much.

Final orders (with review to be made 2020 in anticipation of child attending school).

Order made in Federal Circuit Court in 2018.
 

Atticus

Well-Known Member
6 February 2019
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So the child has been having visits since (what month?) in 2018.... Assuming this level of anxiety is something recent then?
 

Worried and confused

Active Member
27 June 2018
14
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31
Started off with one night stay overs and even though he was anxious, he was coping.

Two nights kicked in January 2019 and that's when the anxiety and hysterical outbursts started.
 

Atticus

Well-Known Member
6 February 2019
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Thanks... Unusual to be coping okay with one overnight but display so much increased anxiety with one extra night, particularly as it's been a steady progression... Sounds like a family report is likley to be ordered at the 2020 review, but in the meantime, the parents have an obligation under the order to make available the child as per orders.... There can be consequences that flow from non compliance, not least of which is how the withholding parents behavior may be viewed in the upcoming review....

Impossible to know exactly what is going on that has bought on this kind of reaction, but it's often more around how the adults in the child's life are behaving, or could also be just the child acting out & ramping it up to get his/her own way... That in itself is also not reason enough to not abide by orders...

Nothing stopping mum from having a talk to a child psychologist about it & see what is suggested ...
 

Worried and confused

Active Member
27 June 2018
14
0
31
You've hit the nail on the head.

Child relaying conversations (a few days later because he won't speak about anything when picked up) that Dad is 'scary' and not a nice person and 'he gets angry'.

Absolutely certain that it's a reflection of what is happening. Father has texted mother saying 'child is sooky' and 'demanding' but then refuses to discuss avenues that may assist - when approached for family counselling, his answer is that there is nothing to discuss.

Thank you for taking the time to answer.