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Ex-De Facto Not Letting Me See Our Daughter - What to Do?

Discussion in 'Family Law Forum' started by Niall, 10 September 2015.

  1. Niall

    Niall Active Member

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    I have been in a de facto relationship for 18 years and have split up with my partner. We almost had a Form 11 consent order filled out and a parenting plan to send to the family court. Now my ex partner has moved out of our house and gone to stay at her Mum's (who has gone off on a trip for 2 months). But the problem is, she has taken our 7 year old daughter with her and is not letting me see her.

    I can only phone my daughter in the evening for a few minutes. She says that she has received advice from her lawyer to say that "until the orders are signed and submitted contact is at her (ex partner's) discretion". Is this true? Can she stop me from seeing my daughter? It's like she is using our daughter as a pawn in this game of hers.

    Under these circumstances I feel like I am being bullied into a deal and that she is using my daughter to get me to sign the deal asap. Any answers would be greatly appreciated.

    Thanks
     
  2. AllForHer

    AllForHer Well-Known Member

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    Ironically, what the solicitor says is true because there are no rules about parenting when there are no parenting orders or agreements in place, but the court won't like that 'her discretion' is 'nothing at all'.

    If you have consent orders filled out, then why not get these filed as soon as possible? Has she reneged on her agreement?
     
  3. Niall

    Niall Active Member

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    No consent orders have been filed with the court. We were both just about to sign the form 11 consent order and parenting plan but our meeting to fill out these didn't go down too well as she started to assassinate my character rather than sticking to the task at hand. There were a few things on the form about super which we both had to go away and find out some more info on. I had to write to my super with a request for info on my super and am awaiting a letter back from them so I can fill in question 50 and 51 on the form 11. She took it on herself to move out of our house to her mums. She says she has gotten this advice from her lawyer.
     

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