My defacto partner and I have been together for 3 and half years. He has a daughter who is 4 who he has 50/50 custody with the mother. I usually pick up the child from the handover point on Wednesdays, drop her off at and pick her up from daycare on Thursdays and Fridays because I work slightly shorter hours than my partner and the daycare closes by the time he is usually able to pick her up. I also tend to handle more day to day care than my partner for example grooming, putting to bed, toilet training and general discipline since again, I work shorter hours therefore spend a bit more time with her. This is something my partner and I have discussed, and is how we would like our household run, especially while we're preparing and planning for children of our own, we do not want her to feel left out within our family. This arrangement does not upset the child and when we give her the choice she usually asks for me to help her with matters anyway.
Unfortunately, the mother is furious with this arrangement and believes because she didn't give her permission to this arrangement my partner and I have in our house she believes we are in breach of the court papers signed last year. The court papers do not state who is to care for the child in which household, only what times the child is to spend at each household, among a few other things regarding schooling, medical, travels and communication. The mother has sent many rather offensive and abusive messages to myself in regards to this matter and insists I have no rights. I would like to confirm where I, as a stepparent, stand on this matter and what rights I may have in this situation?
The mother is now insisting on having no communication through myself anymore, even though she has been happy to do so in the past, as she claims it is too stressful and makes her condition worse. She has claimed to be blocking my number, however, I have still received horrible messages from her afterwards. The Court papers state "All Communication between the parties in relation to the child is to be by text message or email, unless there is an emergency" Is she able to refuse communication from my specific phone? She has been informed that all messages she receives whether for my number or my partners is always discussed together before being sent to her anyway. She is even refusing simple messages for example "Has [the child] had any accidents today?" or "Please send a picture of [the child]'s toileting chart" as we have a copy of the child's chart in both houses which needs to be updated as the child goes to each house.
The court papers also state "The parties are to keep each other informed about their diagnoses, symptoms and prognoses for all medical issues, including psychiatric conditions that may affect their behavior or care for the child". My partner and I have requested that the mother send us a current note from her doctor or medical professional to confirm that her known mental conditions are not having any effect on the child, however, she has refused this note and says that her word and say so is enough on the matter. We think that she may be trying to hide details of her condition and fear that this condition is having a negative effect on the child, however, are unable to put our minds at ease without a medical professionals confirmation. Is there a way to get this medical note as she is refusing to get one?
We have tried speaking to her on these matters on many occasions via text, email and verbal word to try ease any hostility, however, have not prevailed and she seems to just get even angrier at us. We are trying to avoid court as we feel it is unnecessary and a waste of money, however, I would like a bit more insight on the matters above rather than sitting in the dark guessing about possible legalities and rights before we initiate the mediation process and most likely end up in court again.
With any answers to the above please note whether your answer is from your own experience, your opinion or if you're a qualified lawyer giving advice.
I thank you in advance for your help.
Unfortunately, the mother is furious with this arrangement and believes because she didn't give her permission to this arrangement my partner and I have in our house she believes we are in breach of the court papers signed last year. The court papers do not state who is to care for the child in which household, only what times the child is to spend at each household, among a few other things regarding schooling, medical, travels and communication. The mother has sent many rather offensive and abusive messages to myself in regards to this matter and insists I have no rights. I would like to confirm where I, as a stepparent, stand on this matter and what rights I may have in this situation?
The mother is now insisting on having no communication through myself anymore, even though she has been happy to do so in the past, as she claims it is too stressful and makes her condition worse. She has claimed to be blocking my number, however, I have still received horrible messages from her afterwards. The Court papers state "All Communication between the parties in relation to the child is to be by text message or email, unless there is an emergency" Is she able to refuse communication from my specific phone? She has been informed that all messages she receives whether for my number or my partners is always discussed together before being sent to her anyway. She is even refusing simple messages for example "Has [the child] had any accidents today?" or "Please send a picture of [the child]'s toileting chart" as we have a copy of the child's chart in both houses which needs to be updated as the child goes to each house.
The court papers also state "The parties are to keep each other informed about their diagnoses, symptoms and prognoses for all medical issues, including psychiatric conditions that may affect their behavior or care for the child". My partner and I have requested that the mother send us a current note from her doctor or medical professional to confirm that her known mental conditions are not having any effect on the child, however, she has refused this note and says that her word and say so is enough on the matter. We think that she may be trying to hide details of her condition and fear that this condition is having a negative effect on the child, however, are unable to put our minds at ease without a medical professionals confirmation. Is there a way to get this medical note as she is refusing to get one?
We have tried speaking to her on these matters on many occasions via text, email and verbal word to try ease any hostility, however, have not prevailed and she seems to just get even angrier at us. We are trying to avoid court as we feel it is unnecessary and a waste of money, however, I would like a bit more insight on the matters above rather than sitting in the dark guessing about possible legalities and rights before we initiate the mediation process and most likely end up in court again.
With any answers to the above please note whether your answer is from your own experience, your opinion or if you're a qualified lawyer giving advice.
I thank you in advance for your help.