VIC Breached Parenting Plan - Can I Take Son from His Mother?

[Justin clancy]

Hey there,

I live in Victoria. My son stays with his mother. There are no family court orders in place, just a parenting plan made through mediation 2 years ago, which she has breached several times. She refuses to let me see my son and refuses to let me communicate with him.

I've been thinking about going there and taking him home with me as the living environment he is in is very unsafe and inappropriate, such as holes through the walls where you can see right through to the next bedrooms, etc. (More than 20 holes)

There are 8 people in her 3 bedroom home, including her brothers who smoke cannabis in front of my son. They fight and argue constantly in front of my little man and I'm concerned about his well-being and safety.

I have had enough. She uses my son as a weapon against my feelings to hurt me. There has never been a court order and this has never been through court. All there is, is that parenting plan.

If I took him, would I possibly be charged for parental kidnapping or is there nothing she can do? I'm his biological father on his birth certificate and I have the copy of that with me.

 

[Hoang Trang]

Wouldn't withhold your son. Pretty sure courts frown upon this and honestly, you're the dad so you're already at a disadvantage. If you have genuine concerns, then any fit responsible parent will contact child protective services and the police first.

How old is he? If he's school-aged then contact them to ask if he's been attending regularly or any signs of problems at home. But all this might spook her and piss her off and she will just withhold him. Remember she's already the primary carer so she's got another big advantage there too.

My opinion, having been going through this hell and never ending nightmare, put your personal differences aside and your son first. Don't do stupid s**t out of spite. Be nice to her, something I wished I did. Apply for mediation and workout something that is legally binding. Parenting plans aren't worth the paper they are written on. Unless it's amicable and two people willing to co-parent.

Something simple as child support or a new partner can put you in court! But things generally cool down after there's a court order in place anyways... Nothing more to fight about the judge has decided for you. Seems like you guys live some distance apart?

 

[sammy01]

OK - so there are a few things you can do... Firstly, provide lots of info here. Not names or locations.

Age of child? Arrangements for the child? When does he see you, etc, etc?

Do mediation again, then consider applying to court. While the living arrangements seem dodgy to you and me - if the kid isn't being abused and is being looked after (food ,water, clothes etc) then the courts will not likely remove him entirely from the mother and for that reason it is a bad idea for you to consider it.

Go through the legal avenues unless you have real and immediate fears for his safety... Have you contacted Docs? Notified the police about the drugs in the house?