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QLD Alienated from Children by Mother - What to Do Under Family Law?

Discussion in 'Family Law Forum' started by Wavely Morta, 14 April 2016.

  1. Wavely Morta

    Wavely Morta Member

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    Hi,

    I have now been alienated from my children by her mother for 6 years. The last time I saw them both was Monday 10/10/2011. During a very swift hearing designed by the solicitor who never got my 12 contraventions (some major) heard by the Magistrates as he stated a Magistrate will never even look at them, even though I had lost time with my children, the mother has since stopped all contact since November 2014 as the mother agreed to give me Christmas 2014, has not allowed any contact, children's health or where they live.

    This is all meanwhile under Family Court Orders since 2008, which the Solicitor used the 2014 only to update the address & new agreements & used the situation basically as new consent orders. Yet, because he didn't do everything I requested I believe & can prove many faults on his & his firm's role even with the mother's solicitor, also not considering the children have separate representatives & so much more has happened in my case.

    The mother actually does as she pleases because the law actually doesn't do what it says it will do just full of air really. This system is actually a child-abusing, revenue making machine.

    What can I do under Family Law in this situation except go through this whole set-up again?
     
  2. Hope this helps

    Hope this helps Well-Known Member

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    How old are your children? If you have family court orders in place which should state you both should give each other your residence, contact numbers, contact days, times for children to have contact with you, phone times, shared holidays etc. look through all orders in the court orders, detail dates and times, evidence how you have attempted to make contact and comply with orders. Then obtain a lawyer if possible or attend numerous free legal advice in Brisbane city, Southside and Northside for advice and forms obtaining contravention orders.

    I myself will be doing the same next week so will let you know what I was told. Need a list and addresses of free legal advice - let me know. However, the older the children are from 12 years onwards, the less chance you have as by this time if you haven't had any contact via phone, let alone seen them. You have brainwashing of the kids to get past, which you're unable to because the children won't be in court .

    You can have her up for contravention of orders only. I hope in your case - your children are under 12 years of age. I'll let you know what I find out myself.

    Just remember, you have as much right as the mother to have contact and see your children develop and connect/ bond with your children. So don't give up! Regardless how imperfect the legal system is.

    You now learned as I have that no one cares whether you see your children or not but you! Also learned that solicitors are supposed to act on your instructions! I thought solicitors and barristers knew the law better than myself and court was about fairness and justice.

    Not, it's not! So stop thinking the mother gets everything in a sulky disheartened way... Do that later after you have fought for your children's rights to see and bond with you, their father. Are you not? Don't give up.
     
  3. Blue Grass

    Blue Grass Well-Known Member

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    Over and over I come across this type of statement - I hope in your case - your children are under 12 years of age.

    Can "anyone" confirm that at age 12 a child had "rights" to decide his or her future, that is where they live and with whom and how much time they spend with the other parent? And if so, how does one go about putting this in place to avoid conflict with the other parent?

    Sorry to highjack this thread, but just felt it relevant.
     
  4. AllForHer

    AllForHer Well-Known Member

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    @Blue Grass, no such right exists. The rights children have are provided in s 60B of the Family Law Act 1975 - the right to know, spend time and communicate with both parents on a regular basis, regardless of whether the history of relationship status between said parents, is the simplest interpretation of said rights.

    The age of 12 'principle' is not legislated, nor is it a common law authority. Under s 60CC of the Family Law Act, a child's opinion is given weight, but the 'trend' holds that the amount of weight given to a child's opinion is linked to their maturity, rather than just their age.

    A five-year-old, for example, is significantly less able to decide for themselves what's in their best interests, so the Court gives minimal weight to their views. A 16-year-old, however, is probably more capable of understanding the situation and as such, has developed their own view about how their care arrangements should be carried out. It's up to the Court to decide how much weight to place on the child's opinion.
     
  5. Blue Grass

    Blue Grass Well-Known Member

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    Thank you allforher. I had a feeling that was the case. Just getting incredibly difficult to get the children to go on access due to what goes on in the other house, even the councillor has stated many times - not a good situation - but with out another major battle in court nothing can be done.
     
    Tegan Cole likes this.
  6. Tegan Cole

    Tegan Cole Well-Known Member

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    Was a family report done in your case and if so, how long did it take?
     

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