NSW Can Father Make Me Go to Mediation?

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sammy01

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27 September 2015
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So my thoughts on moving to NZ... Do you think it is going to look like you're moving just to exclude the father from the child's life? I think it kind of looks that way...

I reckon your best bet is to look for an agreement. His name on birth certificate, he pays child support and he has reasonable access to the child that increases gradually. After all, dad is a stranger to the child, that needs fixing in a gradual approach.
 
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Fluffy

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20 July 2016
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So my thoughts on moving to NZ... Do you think it is going to look like you're moving just to exclude the father from the child's life? I think it kind of looks that way...

I reckon your best bet is to look for an agreement. His name on birth certificate, he pays child support and he has reasonable access to the child that increases gradually. After all, dad is a stranger to the child, that needs fixing in a gradual approach.
You are right, The going to NZ part is my efforts to exclude him. He asks to see my daughter when it's convenient for him, hasn't given any financial support at all and now is demanding to have access to her. He sees her and then disappears from her life for 6 months and then comes back again. When I bring up his behaviour, he says I'm controlling.

I'm at a loss. I allow his parents to see her when they ask, which is once in a blue moon. Is allowing him access to her every 2nd weekend reasonable? As much as I don't want to. And can he stop me from travelling overseas with her? Or do I have to go to court to get it sorted?
 

AllForHer

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23 July 2014
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If I can appeal to your sense of compassion for a moment, it's been found by hundreds of studies that children who grow up in fatherless homes tend to be at higher risk of depression, anxiety, antisocial behaviours and suicide. Even kids who grow up knowing their father and then rejecting him later come out more emotionally stable than kids who are never given an opportunity to decide for themselves whether or not they should have a relationship with their dad. Fundamentally, it doesn't matter how slight that relationship is, children who get the chance to decide their own fate with their father are always better off (bar, of course, where there's a risk of violence). If you want confirmation of any of this, I really strongly encourage you to look at a few forums and see what the adult children of divorce have to say about their situations.

The last thing you want for yourself or your daughter is to have her grow up resenting you for getting between her and her father. Even if her father is kind of a loser, it really should be up to her to make that judgement for herself when she's older and has had time to observe. Who knows? Dad might have matured over the years, he might discover this wonderful little girl that he created, and start being a great father for her. You don't want to be the reason she never got to benefit from that, I can assure you.

So, I urge you to try and put your own feelings aside and give your daughter her birthright to know who her dad is. If dad blows it, so be it, but let her decide that. Try not to let child support influence you. Realistically, if you'd put him on the birth certificate, you could have claimed it from the start, but your daughter doesn't care about that. She has a right to know who both of her parents are.
 
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Fluffy

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20 July 2016
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I know what he will ask at mediation is going to be unreasonable, as he's already said, he will decide on her religion, schooling and overseas trips. I feel powerless...I read in another thread on here, that no parenting order can take place if the father is not on the birth certificate.

I have never stopped him from seeing and spending time with her - never! The scarce visits has been his choice. I know he's pushing to get 50/50 so he can apply for single parent benefits. I'm not entitled to any Single parent benefits, rent assistance, nothing, so I have to work full time to support my daughter. He hasn't worked for 11years. So not fair.
 

AllForHer

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23 July 2014
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I'm not suggesting you have to accept 50/50. Very few kids do get to enjoy a 50/50 arrangement because very few parents are amicable enough to make it work. My own stepdaughter is in a 50/50 arrangement and the only reason it works for her is because her parents have close to zero contact, which forces amicability, even if it's against one of the parent's wishes.

All I am suggesting is that if you've never stopped the father from seeing the child (and I won't lie, leaving the father off the birth certificate probably won't support this argument in Court), you should not start now, and if you abscond overseas, that is exactly what you'll be doing.

If all you have said is true, namely that you are in no way responsible for the child not seeing the father, then it's unlikely the father will get a 50/50 outcome from Court anyway. Simply put, it wouldn't be in the child's best interests to go from hardly seeing her father at all to suddenly living with him - and away from you - for a week at a time. Thus, alternate weekends is very much a reasonable offer.

In regards to the decisions about education, religion and travel, the only way he would be able to make those decisions without you is by having a Court order, but mediation is the best opportunity to discuss those issues and their outcomes. If he refuses to negotiate, then you can refuse to sign any agreement and things can go back to the way they were. He could even try his hand at getting sole parental responsibility through Court, but the likelihood of success if close to nothing.

The issue with money and financial contribution really should not be given the weight that it currently is, particularly as it was your choice to exclude the father from the birth certificate, thereby forgoing your legal entitlement to child support. As for single parent pension, whether he claims that or not is his business, rather than yours, because it's the government that funds it, not you.

The other thing is, it doesn't matter what your respective financial contributions have been. If you and he can't agree on when he should see the child and he decides to pursue parenting orders, the Court most definitely will grant the child some time with her father, because that's her legal right. It won't have anything to do with how much money he has offered to support the child over the years, and not being on the birth certificate won't exclude him from pursuing parenting orders, either - if no other presumption applies, the Court can order DNA tests and make a declaration of parentage that he is the father, which will put that hurdle to bed in an instant.

One thing is a definite though - if you abscond overseas, you'll be showing the Court you are unable to support and encourage or even facilitate the child's relationship with her father, which runs the added risk of losing custody all together.

So, you really do need to weigh up your options here. Do you agree to some time between child and father, put his name on the birth certificate, claim child support and reduce the likelihood of ending up in Court? Or do you leave the country and risk proceedings where you lose control of the outcome all together?
 
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Fluffy

Well-Known Member
20 July 2016
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Understood. I definitely won't be moving overseas and taking her away from her father. I will attend mediation and see what he wants as I thought what we had now was reasonable, obviously not.

Your help has been immensely helpful to me and I totally appreciate your straight forward words and suggestions. Thank you so much.
 
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sammy01

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27 September 2015
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My thoughts. Go to mediation. Agree to 2 or 3 nights a fortnight. But introduced gradually. So one night a week for 3 months and increase from there. Ask to discuss the fact that he has been inconsistent in the past and ask for a re-assurance that it won't happen again. Then make a parenting plan.

If you really want to move back to NZ, your best bet is to give him enough rope. So if in 6 months he has chosen to take the extra time with the kid, then great. Kid gets to have a meaningful relationship with the father. But if he doesn't, then your chances of getting to move to NZ are improving, especially if he stops seeing the child after a few months. So document everything.
 

Fluffy

Well-Known Member
20 July 2016
26
4
124
My thoughts. Go to mediation. Agree to 2 or 3 nights a fortnight. But introduced gradually. So one night a week for 3 months and increase from there. Ask to discuss the fact that he has been inconsistent in the past and ask for a re-assurance that it won't happen again. Then make a parenting plan.

If you really want to move back to NZ, your best bet is to give him enough rope. So if in 6 months he has chosen to take the extra time with the kid, then great. Kid gets to have a meaningful relationship with the father. But if he doesn't, then your chances of getting to move to NZ are improving, especially if he stops seeing the child after a few months. So document everything.
Thank you. I have taken on board all the help given and will see what happens.
 

Fluffy

Well-Known Member
20 July 2016
26
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124
I have allowed my daughter's father to see her even though we are facing mediation. He is constantly harassing me, sending name calling text messages. Is this enough to warrant an AVO for harassment?
 

AllForHer

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23 July 2014
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Maybe, but an AVO is not going to do anything toward stopping him from seeing the child. Remember, the Family Court has a much higher threshold for what constitutes harassment than the State Courts - contact to discuss the child is hardly ever considered harassment by Family Court standards.