LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Custody of Children - Separation from Other Family Members?

Discussion in 'Family Law Forum' started by bworried, 13 April 2015.

  1. bworried

    bworried Member

    Joined:
    13 April 2015
    Messages:
    3
    Likes Received:
    0
    Just want to know what leg I have to stand on. My youngest sister has a 7 year old girl who her father has full custody of children since separation. I don't know what the go is between her and the father, but as far as I'm aware my sister is allowed to have her daughter on a fortnightly basis.

    She hadn't had her since last August as the father makes up reasons why my niece is unable to come. I haven't seen her since her birthday I miss her and want to see her as so does her brothers and sister and the rest of the family I missed her father asking how was she going and he blocked me I also text him and asked and said I had a right to No and he hasn't replied or nothing. I am wanting to know how I would go about seeing her?
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    This sounds like there may be parenting orders in place, in which case you may need to know what those orders stipulate before proceeding any further.

    Unfortunately, you are not quite right about having 'a right to know' how the child is doing. Parents and other relatives don't have any rights in regard to children, only children have rights in regard to their parents and other people of relevance to their care, under section 60B of the Family Law Act 1975.

    With the notion of children's rights considered, you may have grounds for pursuing orders that stipulate how the child spends time with you, and the first step in commencing this process is to organise a family dispute resolution conference. Legal Aid, Relationships Australia and the Family Relationships Centre offer such conferences, though Legal Aid will ordinarily provide legal representation, as well.

    If it were to proceed to court, the court would assess what arrangements would be in the best interests of the child, on the pathway outlined in section 60CC of the Family Law Act, but I think it's important to be realistic about what the likely outcome of this situation is, particularly as it sounds like the parties have been to court on a previous occasion.

    It may be worthwhile for the mother to pursue contravention proceedings or at least an application in a case to ensure the orders are being followed. Doing so might also create a more adequate path for you to spend time with your niece.
     
  3. bworried

    bworried Member

    Joined:
    13 April 2015
    Messages:
    3
    Likes Received:
    0
    The father has full custody Of Her my sister is allowed to have her 1 a fortnight and half the school holidays. When my sister messages to see if she is having her the father either doesn't reply or says she is sick. If the court paper states that she is to pick her up from school at 3:30 on the Friday and take her back to the drop off place Sunday can the father stop her from doing that even of that even if it's on the court papers? I Want to help my sister.
     
  4. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Both parties to the orders are bound by them, and within their right to pursue contravention proceedings if the other party fails to abide by them. If the orders stipulate the mother is to collect the child from school at 3:30pm and return the child to the drop-off location on the Sunday, and the father does not allow this order to be carried out, then the father is in contravention of the orders.

    As a matter of interest, there are few orders the court will spend time and resources on, but the suspension of time between a parent and a child is one the court takes very seriously.

    At all times, it is important that the child is not exposed to family violence. Enforcing the orders with conflict rather than through the proper avenues can be detrimental to the child and to your sister's argument in court.

    The proper avenue is first by organising a family dispute resolution conference with the father. This step is unavoidable as a section 60i certificate is required to pursue proceedings in court, but it's also a good opportunity to try and have the issues addressed without the cost and emotional strain of court proceedings.

    If agreement about reinstating the orders cannot be reached, then a s60i certificate will be issued and the mother will be able to file an application for a contravention order.

    I hope this helps.
     
  5. bworried

    bworried Member

    Joined:
    13 April 2015
    Messages:
    3
    Likes Received:
    0
    How would she go about organising a family dispute resolution conference? So I can tell her so she isn't missing out On anymore Time With her daughter.
     
  6. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Legal Aid, Relationships Australia and Family Relationships Centres offer this service. There may be a cost depending on personal circumstances, but Legal Aid may be the first point of call as they often provide legal representation for the parties.
     

Share This Page

Loading...