Dad wants to fight for non biological daughter

[Jake Matherson]

I have a current parenting plan lodged with the courts. It's an attachment in one of my Orders. We follow exactly zero things in our current parenting plan and it has been this way for months and the court knows about it.(in my case this is good for me).

However even then I’ve heard if she chooses not to follow it, I really can’t do to much about it besides take her back to court etc.

Correct. Her behaviour would be looked down on and it would likely hurt her in court however it could take you months before you get back in court and given the young age of the child she would just get a stern talking to and a slap on the wrists.

My comments are to remind you not to waste all of your mental energy and money on lawyers if you're using them trying to get her to agree to something that she wont follow. I'd have it written up and inform the court that she failed to mediate and here is the reasonable parenting plan I proposed that we couldn't agree on. Then let the court decide that shes being unreasonable and hopefully grant you some interim Orders that are in your favour.

As for the paternity issue. I am not a lawyer, just a punter on this page going through his own mess so this is by no means legal advice.

1. Courts do not like surprises.
2. If I was her and I was fighting you in court that information would be in my paperwork.

I am a bit confused as to if you are actually in the court process having filed Initiating paperwork and sought Interim and Final Orders or you are at the start and trying mediation first.

If you progressed to the full court process along with your initiating paperwork you would file an affidavit and that is where you would set out the paternity issue.

 

[Migz]

As I waited for one of my cases to be heard in Brisbane, I stepped into another court room, (infront of a different Judge to my normal biased one), the Judge asked "are you the Biological Father? or The Psychological Father?" this gentleman was very well spoken, and had all of his ducks in a row, and said he was infact the step father for over 8 years...he was granted his "Interim Orders", as his paperwork was well documented included care times, medical treatments, helping out at school etc etc... Atleast his honor had a real grasp of the situation...unlike my Judge.