NSW Affidavit - Mother Won't Allow Me to Give Daughter Medicine?

Discussion in 'Family Law Forum' started by coparentingisnotfun, 16 April 2019.

  1. coparentingisnotfun

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    Hi all,

    Has anyone faced this issue before? I'm currently co-parenting with my ex-partner with 2 kids aged 6 and 8. Their mother has a degree in Naturopathy so she is educated in the health space to some extent.

    My daughter is often sick and her mother won't allow me to give her any medicine, I have to get her consent first but so far she's never approved it. She prefers I just give her Honey in a bowl. When my daughter is sick it can go on for 2-3 weeks until she is good again I think due to not taking actual medicine?

    I feel like I can't challenge her as she is educated in this space but she is borderline homeopathy I think? She is also anti-vaccine but I've made sure they're up to date via medicare.

    Also;

    My daughter has a large cavity in one of her teeth, you can physically see the hole. She won't let me take her to the dentist without first getting her consent. She thinks its just a defect in her tooth and it's fine but my daughter complained it hurt and it was bleeding. She does not enforce brushing of their teeth, my son just had a tooth removed as it collapsed due to severe cavities. ($1500, teeth removals at age 7 what the heck?)

    If I go against her word she revokes my access to them so I'm a little stuck here and unsure of how to address this, anything I say to her is just an uneducated opinion in her world.

    Any help appreciated.

    I'm currently drafting an Affidavit but in the meantime whilst I save the ludicrous sums it takes to get this stuff rolling I'm after some help.
     
  2. sammy01

    sammy01 Well-Known Member

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    This is madness.
    What sort of access do you have? what sort of access do you want?

    Get the kids to the the doctors / dentist. Document refusals... And get yourself into court...

    Have you done mediation recently? book relationships Australia and get mediation done. It will likely fail, but you need to attempt it prior to court.

    AND - being a naturopoathist does not make her medically trained. IF anything in my experience it makes her dangerous... Nutters think they know better than conventional medicine.

    Get yourself into court asap and seek sole parental responsibility for all medical treatments.
     
  3. coparentingisnotfun

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    I currently have every second weekend as she moved 1.5-2 hours away. Today for example I have to drop them home so its a 4 hours turn around drive for me and the cost of fuel on top of child support is killing me.

    Yeah the plan is to try and agree on parenting orders and get them submitted in court. Yes I tried mediation but it failed, I then proceeded with legal aid when my income was lower and she just flat out ignored my lawyers requests, we have an S60L document stating this. Extremely frustrating situation.

    I can get them into doctors / dentist but it will likely mean I won't see them again until I can afford court which could be 1-2 years. With no parental orders in place she can basically just take them away at any moment.
     
  4. sammy01

    sammy01 Well-Known Member

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    learn to self represent. Get yourself into court - try and get an order for her to return to the same post code. Do this fast.
     
  5. Atticus

    Atticus Well-Known Member

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    I assume you have asked IN WRITING to meet half way?.. If not do so.... If she refuses and the extra cost to maintain time spent is significant because of the travel, there may be a remedy via a reason 10 change of assessment with the CSA

    Is the S60I certificate less than 12 mths old?.. If so, APPLY FOR ORDERS NOW... After 12 mths you have to try mediation again before applying for orders

    You currently have JOINT Parental RESPONSIBILITY... defined in the family law act as ...'all the duties, powers, responsibilities and authority which, by law, parents have in relation to children'... You have the right & responsibility to make sure YOUR children are being taken care of.... Absolutely take the kids to a Dr and or Dentist if that is what's needed... If she spits the dummy because of it, so be it, if she withholds the kids, good, it will speed up the process of court for you because it will allow you to escalate the application to urgent
     
  6. Rod

    Rod Lawyer
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    I agree with the above.

    Homeopathy is not science based and belongs to the era when people advertised products containing cocaine to treat toothaches.
     
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  7. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    This is serious. She's denying reasonable medical treatment for a child. The court won't look kindly upon that.
     
  8. Tim W

    Tim W Lawyer
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    Homeopathy is bunkum.
    Treat the kids, with medicine that comes from science,
    as you see fit in the circumstances.

    And take your kid to the dentist.
     
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  9. Scruff

    Scruff Well-Known Member

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    If the children are not being provided with adequate medical care, then it's child abuse. If you feel that is the case, you should contact Child Services and get them involved.

    Most importantly, make sure that they are being cared for properly whenever in your care - regardless of what their mother wants. That means you take them to the doctor or dentist as necessary. If you don't do this, you will destroy your own case in court. You need to be able to show the court that you are doing the right thing by the kids and not bowing to the mother's unorthodox wishes.
     
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  10. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    Scruff is spot on. This tantamount to child abuse. Get the kids checked over and treated and explain to the doctor the dilemma you're in. Anything to strengthen your case.
     
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