WA Denied Access to Kids Until Family Court Date?

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mark86us

Member
21 December 2016
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I'll be brief and to the point.

Prior to Sunday, my ex and I were following an informal shared care plan, and had also agreed upon an informal sharing of the Christmas holiday period. When I say informal, I mean it was written and agreed upon via text message. Also a photo of a calendar highlighting each other's days over Christmas was agreed upon.

However, on Sunday, 2pm is the usual pickup time for the boys, 3 years old and 8 years old to go back to their mother. It's agreed I have them from Wed 3pm till Sunday 2 or 3 pm every fortnight. On this particular Sunday, she decided pickup was at 12, not 2 and proceeded to argue the point over the phone until I hung up, as it is not something I should even have to argue.

Roughly 15 mins later, she has shown up to where I was with the boys! She refused to leave until the agreed time and I decided after a brief argument that it wasn't worth arguing over.

I messaged her later that we had a few options to sort this out and that it was inappropriate. She didn't take kindly to that. So now, I'm being denied any communication with the children and I will not be seeing or speaking to them till a family court date.

What can I do?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Smooth it over, apologise, say you were enjoying 'Dad's time' and didn't want to cut it short but recognise she may also have something planned and you are sorry for not listening to her. Tell her you are sorry for being inflexible on that day.

Suggest being more flexible might save a lot of money. The alternative is mediation and court.
 

mark86us

Member
21 December 2016
3
0
1
I would try that, Rod, however I have been blocked from all contact, not only from her but also the kids. TBH I'm more than certain shes orchestrated this to keep the kids over Christmas as she's said she won't know what to do without them, but she left so I think you make your bed you lie in it.

So I don't think anything will change her mind as it's not about her being upset, it's about her not having to go without the kids.

ATM, my lawyer is talking to her lawyer and I know her lawyer has advised her against doing anything like this in the past. So I'm just hoping her lawyer will talk some sense into her. It would seem I'm powerless otherwise...
 

sammy01

Well-Known Member
27 September 2015
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Do not contact her again. Leave it with the solicitors. Do nothing stupid and that means do nothing at all - just in case. If you keep texting / calling her, you will wind up at the cop shop picking up an AVO and that will not make for a happy Christmas. True?

So get court orders / consent orders rather than a parenting plan. Look, even with consent orders, if she chooses not to let you see the kids, it is a long road through court and if it only happens sporadically, then the courts won't do much anyways. But consent orders mean you should be able to avoid this sort of BS...

I'm so sorry, but I really do want you to understand that it will cause you nothing but more grief if you continue trying to contact her...
 

mark86us

Member
21 December 2016
3
0
1
Roger that. Luckily, I haven't attempted contact at all. both myself and my mother have contacted her father, politely asking to maybe have a talk to her and let's try and figure out an agreeable outcome, of court, but to no avail.

If people could only just think of the children in all of this!

Thank you so much for everyone's help and it has confirmed my own research. I'll leave it to the lawyers now and keep calm and busy while she emotionally abuses both myself and the kids...
 

Patience

Well-Known Member
17 June 2017
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0
126
Hey mate how did you go with this one? I'm in an almost identical situation...