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VIC Daughter Going to Psychologist - Ex Denying Access - What to Do?

Discussion in 'Family Law Forum' started by speck1, 19 August 2015.

  1. speck1

    speck1 Well-Known Member

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    Ex wife denying access for me to see my daughter for over a year. Been told by a mutual friend that she is now seeing a psychologist, had an ultra sound and that the doc is concerned about her weight.

    Is there anything I can do under family law? Contacting the mentally ill ex is not an option...as she cannot be civil.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Are proceedings under way?
     
  3. speck1

    speck1 Well-Known Member

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    yes mediation x 2.(failed) have certificate 60.

    NO orders in place and ex is denying all access unless i apply to courts.
    I feel for child's best interests. She should come and see me, if i go and pick her up from school and take her to mine for the holidays.
    i shouldn't get in trouble as NO orders are in place.
     
  4. AllForHer

    AllForHer Well-Known Member

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    You won't get in trouble, but I always encourage parents to do what's best for the child at all times, so if collecting the child from school will likely result in the other parent arriving at your house and the child being exposed to a high level of conflict, then it's probably fair to say the child's best interests won't be met.

    Of course, it's generally considered in the child's best interests to have a meaningful relationship with both parents, and if the other parent is not facilitating that, then they're not acting in the child's best interests, but you still should.

    If mediation has failed and you're still experiencing difficulty seeing your child, then proceedings may be your best option.
     
  5. speck1

    speck1 Well-Known Member

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    we dont not want to go to court.

    yes,the mother will go crazy and arrive at the house throwing a tantrum, however i believe the time has come to take the child to mine (in holidays) as i believe its in her best interests.
     
  6. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

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    Sucks that this is even having to be contemplated ...for starters.
    C'mon mums ( & the few dads ) that pull this b**lsh*t.......just stop it for Christs sake.
    You are damaging your kids whom you are supposedly pulling this crap move to "protect"
    Now I understand there will be a tiny % of newly separated mum's that may have been or felt trapped within a DV relationship.

    What seems to be increasingly occurring are relationships ending & mum by bogus reason "keeping" child(s). Personally I'd love to know the stats on these child abusers that are so concerned about their kids with dad, cause he's such a monster,that they seem too preoccupied to make their first move after "escaping" to be down the Family Courts to ensure they get orders asap to keep the alleged monster away from the kids.

    The next FLA Amendments legislated upon should be to insert basic LOGIC in the damn act.
    Lawyers willing to "engage" their clients matter should be held more accountable for misrepresenting matters,lying by omission & unethical championing of a clients clearly bogus claims.
    While we're at it , how the hell can a psychologist/social worker/life coach........etc. possibly be serving anybody's best interests( apart from their own ) compiling a report that has potential to change so many lives on untested evidence ??

    It's often stated that report holds much weight in proceedings and is no more than an opinion piece or a review of which competing version of events they feel more biased towards for whatever reason.
    Oh why not.......Primary carer should be scrapped as you've straight away relegated the other parent's worth.

    If you are both equal by law when in the relationship as parent & parent both of whom have parental responsibilities equal why does it suddenly become a primary carer versus parent and rated of importance?

    A bit chicken or the egg scenario isn't it with regards that if the one "non primary carer" wasn't out away from the nest working to gain the monies needed to retain the nest and all the necessities of living that are in turn shared with other "parent" and child.Surely an argument is there that the working parent is actually the "primary carer"?

    That then relegates the importance of the "minding" parent & seems silly to me,as silly as denying that the minding parent and child will fare at absolute bare minimum if at all without the providing parent,therefore both parents should be equal in law.......
    Woops ! Did it again!

    Good luck Speck1.........I feel for ya's believe me. You may be able to tell but I am currently on Parental "Green Mile" awaiting judges ruling.Wrapped up final hearing 9 weeks ago.Been in "the system" just under 2 years that I was forced into after 5 months of complete refusal by ex to even contemplate any form of new family dynamic other than daughter was hers 24/7......end of ! Threatened with trespass charges if turned up at place she & daughter went,ignored emails,voice msgs,phone calls & texts....occasionally engage to hurl abuse at me.She set up 3 different "visits" from daughter to me cancelling 2 late night before & 1 an hr before.

    Invited her to post separation counselling,suggested hers/mine or both our parents chair our own arbitration,compiled 13 page parental plan draft & dropped to her inviting input to eventually agree on one,begged,demanded,pleaded case to her dad to intervene,finally booked into FDR mediation & 3 days after texting her we were booked in she decided to play the DV method scuttling any chance of that & so got the 60i certificate.

    IT SUCKS !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
     
  7. speck1

    speck1 Well-Known Member

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    thanks!

    after 3 months of no phone calls-at least i can talk to my daughter again (but the mother has to listen in)

    wtf
     

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