NSW Can Father Make Me Go to Mediation?

[Smof4]

We were there, in the same position and even though we knew mediation wouldn't work, we attended. We were issued the certificate.

Post this, we are not at the very beginning of family law court proceedings that she started. We haven't had to pay anything as yet but it may be wise for you to register with legal aid or another legal advice centre local to you. (If he does sometimes they won't help you due to conflict of interest - that's the hurdle we are facing at the moment )

Definitely, speak to a legal service like legal aid, attend the mediation, then either wait for him to file or you can file family court application. It's a lengthy process and for the time being, I don't think you will have a problem - mainly because he isn't listed on the birth certificate? So on paper, he isn't a legal parent ? I could be wrong but I'm not sure how he would prove instantly that he is the father?

I know it was mentioned that you can't take a support person into mediation but my partner did - he had to submit who that would be and I think it had to be approved by the mediation centre. We didn't sit in the same room - we had mediators coming back and forth between 2 rooms

 

[Fluffy]

Thank you, your info and help has been valuable, even though it's not what I wanted to hear, however, at least I know not to underestimate what he can and can't do. I will seek legal advice.

Thank you

 

[Fluffy]

We were there, in the same position and even though we knew mediation wouldn't work we attended. We were issued the certificate.
Post this , we are not at the very beginning of family law court proceedings that she started. We haven't had to pay anything as yet but it may be wise for you to register with legal aid or another legal advice centre local to you. (If he does sometimes they won't help you due to conflict of interest - that's the hurdle we are facing at the moment )
Definitely speak to a legal service like legal aid, attend the mediation, then either wait for him to file or you can file family court application. It's a lengthy process and for the time being I don't think you will have a problem - mainly because he isn't listed on the birth certificate? So on paper he isn't a legal parent ? I could be wrong but I'm not sure how he would prove instantly that he is the father ?
I know it was mentioned that you can't take a support person into mediation but my partner did - he had to submit who that would be and I think it had to be approved by the mediation centre - we didn't sit in the same room - we had mediators coming back and forth between 2 rooms

Thanks heaps for that. I don't think I could be in the same room either. Best of luck to you and any future updates that you think would benefit me, I would sincerely appreciate it.

Best of luck

 

[Fluffy]

Try and remember that if you don't put him on the birth certificate, you've forgone your right to claim child support from him. The moment his name is registered with the Office, you can file for a child support assessment and he will be required to pay whatever his obligation is deemed to be.

Also, he doesn't have any rights. Neither do you. It's your child who has rights under s 60B of the Family Law Act, which says all children have a legal right to know, spend time and communicate with both parents on a regular basis, regardless of whether those parents are married, separated divorced or have never been together at all.

On the preschool matter, while ever there is no agreement or orders in place, dad is at liberty to do whatever he likes with the child, including picking her up from preschool one day and not returning her, so it's beneficial not just for him, but also for you to get some agreement in place.

I hope this helps in some way, and I do apologise if it isn't quite what you were hoping to hear.

Thankyou for that, I guess I gave myself false sense of security that because he wasn't on her birth certificate I was safe and free from his controlling ways.

 

[Fluffy]

Can I leave the country? My child has an overseas passport...

 

[AllForHer]

Technically, yes, but you may find yourself subject to Hague Convention proceedings and a potential criminal charge for international abduction.

 

[sammy01]

You don't need to mediate for financial support Call Child support agency. But fair's fair, if you want to accept money from him, then seems fair you should accept his right to a relationship with the child and yep, that means over night care eventually.

 

[Fluffy]

You don't need to mediate for financial support Call Child support agency. But fair's fair, if you want to accept money from him, then seems fair you should accept his right to a relationship with the child and yep, that means over night care eventually.

Yeah true. I don't want any money from him.

 

[Fluffy]

Technically, yes, but you may find yourself subject to Hague Convention proceedings and a potential criminal charge for international abduction.

She has a NZ passport. Will I still be breaking the law? If I take her back to NZ?

 

[AllForHer]

No, not really because of the citizenship, but NZ is a Hague country, so he will be able to bring proceedings for parenting orders over there, as well.