Deep breath, tissues at hand.
My ex-partner made some very wild and serious allegations about me when I asked her for a divorce.
Long story short, she accused me of sexual intercourse with out consent. It went to trial but then the DPP pulled the plug. (lack of corroborating evidence/no medical evidence). However, she did get an AVO against me, that I agreed to.
Since then she has not allowed me to see the children at all. I have two (5 and 8). She has not permitted any form of contact with them, moved them from school with out any warning or discussion with anyone. There has been no question of any risk to the children from me. There has been no domestic violence and the kids have not been exposed to any DV. In fact, the issue of DV only happened once I asked for a divorce after 14 years of marriage.
We have attended mediation twice with zero and I mean zero movements from her.
I have now initiated court proceeding and in the meantime, I have text her once a week with my availability for access and have always said the time and place of hand over is up to her. I have even offered her a car for transport.
She will not communicate with me and her legal aid lawyer is not willing to negotiate. She has basically said, "see you in court".
I have asked for graded access to the children starting with just a couple of hours a week, then moving to an after-school visit and some of the weekend (just a few hours until they have readjusted). I have asked for 50:50 in the future. The interim order is the graded access and the final order is the 50:50.
Pre-separation I was very hands-on with them and we spent most of our time together (more than 50% due to the mother working).
My affidavit has been non-negative towards her.
I have suggested that we both attend parenting classes to deal with conflict - she has not replied.
I am now considering amending my application so the final order is for sole custody as she is not willing to co-parent but I believe the kids should have a relationship with both parents.
What are the realistic outcomes from the initial hearing ??
My ex-partner made some very wild and serious allegations about me when I asked her for a divorce.
Long story short, she accused me of sexual intercourse with out consent. It went to trial but then the DPP pulled the plug. (lack of corroborating evidence/no medical evidence). However, she did get an AVO against me, that I agreed to.
Since then she has not allowed me to see the children at all. I have two (5 and 8). She has not permitted any form of contact with them, moved them from school with out any warning or discussion with anyone. There has been no question of any risk to the children from me. There has been no domestic violence and the kids have not been exposed to any DV. In fact, the issue of DV only happened once I asked for a divorce after 14 years of marriage.
We have attended mediation twice with zero and I mean zero movements from her.
I have now initiated court proceeding and in the meantime, I have text her once a week with my availability for access and have always said the time and place of hand over is up to her. I have even offered her a car for transport.
She will not communicate with me and her legal aid lawyer is not willing to negotiate. She has basically said, "see you in court".
I have asked for graded access to the children starting with just a couple of hours a week, then moving to an after-school visit and some of the weekend (just a few hours until they have readjusted). I have asked for 50:50 in the future. The interim order is the graded access and the final order is the 50:50.
Pre-separation I was very hands-on with them and we spent most of our time together (more than 50% due to the mother working).
My affidavit has been non-negative towards her.
I have suggested that we both attend parenting classes to deal with conflict - she has not replied.
I am now considering amending my application so the final order is for sole custody as she is not willing to co-parent but I believe the kids should have a relationship with both parents.
What are the realistic outcomes from the initial hearing ??